How Can A Weekly Asbestos Lawyer Project Can Change Your Life

Is Asbestos Legal?

Congress has passed several incremental legislation proposals despite the fact asbestos is still banned. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's prioritization list of chemicals for risk assessment and review.

Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary between states, but generally, property owners are required to keep their buildings secure and inform employees of any risks that might be present.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was previously used in construction since it was fireproof, chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however they can trigger serious health issues, such as asbestosis, lung cancer and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 products. If you believe your workplace or home may contain asbestos, a qualified inspector should examine the area. A qualified professional can help you decide what steps to take should asbestos be present within your home or workplace and will collaborate with a contractor if needed.

It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. It can be difficult to prove the defendant's guilt. In certain instances, victims may seek compensation under a doctrine of strict liability. This type of claim removes the need to prove the four elements of negligence, and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of negligence and inform you on the possibility of applying this theory in your case. The law also requires that employers provide safe working conditions as well as adequate safety education to employees. This obligation may extend to the owners of buildings where asbestos is utilized in the event that it is established that the buildings will be utilized by employees of third parties.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. This system is criticized for the lack of transparency, as well since it doesn't cover future compensation.

In an effort to protect the public, Congress has considered but was unable to pass legislation that would have created an asbestos trust fund of $140 billion fund to compensate victims of litigation. This bill would have used funds held by bankruptcy trusts and insurance companies for compensation. It was not supported by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it is no longer a widely used building material. However, the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact that asbestos is known to cause cancer in any quantity. This is an issue that our lawyers and the rest of the international anti-asbestos movement continue to work on each day.

The first step towards an end to the ban came in 1989 when the EPA issued a rule banning the production, importation, and processing of most asbestos-containing products. However chemical companies sued and the court upheld the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the substance and purchase it from mining companies.

In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos was added to the list of substances that require an assessment of risk. In the year 2019, the EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from resurfacing on the marketplace.

Trade groups are attempting to stop the EPA from prohibiting asbestos. These groups argue that a ban will affect the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to to make their case and are looking to legislators who have ties to asbestos companies.

This is a fight that our firm has been involved in for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the deadly and hazardous substance in the United States. This is a crucial step towards ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.

How to determine if you have Asbestos

Asbestos is a grouping of minerals that naturally occur and are laid out into long, thin fibers. These materials are known for their toughness, flexibility and resistance to fire and chemicals. These properties made these materials useful in a range of industrial products like insulation.

Because asbestos is so versatile, it's used in a myriad of household and industrial products. Vinyl floor tiles boiler and pipe insulation in commercial and residential building, and fake fireplace embers are a few examples. Asbestos is also present in shingles, ceiling tiles, insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung diseases like mesothelioma or asbestosis. These lung diseases have a long time of latency, and patients may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. Asbestos in good shape will not release fibers until it is damaged. Homeowners should inspect the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning to remodel your home that could cause damage to it, you should speak an asbestos abatement expert for further inspection.

If asbestos is in good shape there is no reason to eliminate it from your home. If you are concerned about your health, you should consult with a physician. They can order various tests to determine if you suffer from symptoms relating to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing structure your employer is required to provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. They can test and visually inspect your home.

How to Remove Asbestos

Asbestos removal is safe provided you take the appropriate precautions. Asbestos removal should be done by experts who are certified and trained in the proper handling of the substance. If a homeowner decides to eliminate asbestos materials from their home, they must abide by federal and state regulations on the manner in which they do it. This includes covering and disposing of all waste resulting from the project. Incorrectly handling and disposing of asbestos could expose workers and others to asbestos-related illnesses, like lung cancer, and mesothelioma. This is why strict regulations are in place to prevent this from occurring.

Asbestos that is in good condition and won't be disturbed might not pose any health risks. It is recommended to have any ACM which will be disturbed during renovation or demolition inspected prior to begin work. This will let the professional know if the material needs to be removed prior to beginning any work. They will also ensure that it is properly handled, packaged in a way that is labeled, transported and disposed of in compliance with the regulations of the government.

It is illegal to work in asbestos without a license, and those who violate these regulations face severe penalties. If you suspect that asbestos settlement was not properly removed from your property, you should contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into air, it is essential to keep the material moist throughout the removal process. Spraying the material before taking it off with a water/detergent spray can help in this. Once the asbestos has been removed, it needs to be placed into thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.

Alternatively small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal any damage. These are products can be found in stores that specialize in asbestos-related products and safety gear. For more details on how to properly remove asbestos read How to Remove Asbestos.