How You Can Use A Weekly Asbestos Lawyer Project Can Change Your Life

Is Asbestos Legal?

Congress has approved a variety of incremental legislation plans despite the fact asbestos is still banned. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.

Property owners are also responsible for asbestos-related injuries, as are mining companies. Laws vary state-to-state, but in general property owners must keep their buildings safe and warn workers of the potential hazards.

The Law

Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry because of its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, can cause serious health issues, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to appear after exposure. Even in the present, asbestos can be found in more than 3000 products. A qualified inspector should check your home or work place if you suspect it may contain asbestos. A professional can help determine what must be done in the event that asbestos is present on your property and collaborate with an abatement contractor if necessary.

It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence can be difficult. In certain instances, victims may pursue damages based on a theory of strict liability. This type of claim is not based on the four elements of negligence to be proven and instead relies on the fact that the product was a risk in itself.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types of liability and help you on the possibility of applying this theory to your particular situation. The law also requires that employers provide secure working conditions and safety training for their employees. This obligation can extend to owners of structures where asbestos is used when it is determined that the buildings will be utilized by employees of third parties.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system is criticized for the inconsistency of the system, and because it doesn't cover future compensation.

In an effort to protect the public, Congress has considered but did not pass legislation that would create a $140 billion asbestos trust fund to replace litigation. This legislation would have taken funds reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is no longer a common ingredient in construction materials, and many Americans might have believed that the mineral was not allowed. The United States is one the few industrialized nations that do not ban asbestos despite its known cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work day in and day out to address this issue.

The first step toward prohibition came in 1989 when the EPA issued a rule banning the manufacturing, importation and processing of most asbestos law-containing products. However chemical companies filed a lawsuit and the court ruled in favor of most of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the material and buy it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances that require an assessment of risk. The EPA took a further step towards a ban in 2019 when it published a final rule that bolsters the agency's ability to stop asbestos-containing products from resurfacing on the market.

Trade groups are trying to stop the EPA's plan to prohibit asbestos. The trade groups argue that a ban will affect the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to assist them in making their argument. They're also looking on lawmakers who have connections to asbestos.

This is a battle our firm has been involved in for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA is able to ban this dangerous and deadly substance in the United States. This is an important step in ensuring that other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. They are known for being flexible, strong and resistant to fire and chemicals. These qualities made them suitable in a number of industrial products, including insulation.

Because asbestos is so versatile, it is used in a variety of buildings and household products. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, insulation for furnaces, pipes and other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaled fibers can cause serious lung diseases, such as asbestosis or mesothelioma. These diseases can have a long time of latency and sufferers may not show symptoms for 20 to 50 years following exposure.

Many people are concerned that they have asbestos in their homes. Asbestos that is in good condition is unlikely to release fibers until it is agitated. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning to remodel your home that could cause damage to it, you must consult with an asbestos removal specialist to conduct an additional examination.

If asbestos is in good condition there is no reason to remove it. Consult your doctor if you are worried about your health. They can perform various tests to determine if you have symptoms relating to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. State laws also require that public employees also receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with details on how to connect with a contractor who can remove asbestos. Contact an environmental inspection firm to evaluate your home. They can examine and test your home.

How to Get Asbestos Out

Asbestos removal is secure if you take the proper precautions. Asbestos removal is best performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, they must adhere to state and federal regulations regarding how the work is carried out. This includes covering every waste product generated by the project, and then disposing of it. Improperly handling and disposing of asbestos could expose workers and others to asbestos claim-related diseases, such as lung cancer and mesothelioma. To avoid this strict guidelines have been enacted.

If asbestos is in good shape and has not been affected, it will not be a health risk. It is however recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos professional before beginning any work. This will allow a professional to determine if the material requires removal prior starting any work. It will also make sure that it is handled wrapped, labeled, and transported in accordance with the regulations of the government.

It is illegal for anyone to work with asbestos without a license and those who break these rules can face substantial fines. If you suspect that an improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your local or the state department of environmental health.

To limit the release of fibers into air, it is essential to keep the material damp during the removal process. Spraying the material before removing it with a water/detergent spray will help achieve this. Once the asbestos has been removed, it has to be placed in thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle.

Additionally small areas of asbestos that are in good condition can be covered with commercially-made products designed to repair holes and seal damages. These are sold at stores that specialize in asbestos products and Asbestos Legal safety equipment. For more information on how to properly remove asbestos read How to Remove Asbestos.