20 Asbestos Lawyer Websites That Are Taking The Internet By Storm
Is Asbestos Legal?
While asbestos is still banned, several incremental legislative proposals have churned through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.
Property owners are also accountable for asbestos-related injuries, as are mining companies. The laws differ between states, but generally property owners are required to keep their buildings secure and warn workers of any potential dangers.
The Law
Asbestos is a variety of naturally occurring minerals. It was once employed in construction because it was fire resistant, chemical corrosion-resistant and insulates. However, inhaling asbestos fibers can cause serious health problems, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can develop 15-30 years after. Even in the present, asbestos is found in over 3,000 different products. If you are concerned that your workplace or home may contain asbestos, a licensed inspector should inspect the area. A qualified professional can help you decide what to do when asbestos is found within your home or workplace and can work with a contractor if needed.
You may file a lawsuit against the manufacturer if they make asbestos-containing products. It isn't always easy to prove the fault of a defendant. In certain cases, victims might be able seek damages on the basis of strict liability. This type of claim does not require 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 information on the different kinds of strict liability and negligence and can advise on whether this theory is applicable to your situation. Employers are also required to provide safe working conditions for their employees and adequate education in safety. This obligation can be extended to property owners who employ asbestos if they are aware that employees from third parties will be using the buildings.
Many asbestos manufacturers escaped liability through bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.
Congress was able to consider, but did not pass legislation that would have created the $140 billion trust fund for asbestos as a substitute for litigation. This legislation would have taken funds reserved by manufacturers, bankruptcy trusts, and insurance companies to pay victims. It was not supported by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed that asbestos was banned due to the fact that it's not a typical building material. The United States is one the few industrialized nations that do not ban asbestos, despite its proven cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to fight every day to address this issue.
The first step toward an end to the ban came in 1989, when the EPA issued a regulation prohibiting the production, importation and processing of most asbestos-containing products. However chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the material and purchase it from mining companies.
In 2016, Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos has been added the list of chemicals that require a risk assessment. In the year 2019, the EPA took a major step towards an asbestos ban when it published an act that strengthened the agency's abilities to prevent asbestos-containing products from resurfacing on the marketplace.
However, trade groups continue to stop the EPA's efforts to prohibit asbestos. They claim that the asbestos ban would threaten the country's chlorine supply and claim that there are safer options than asbestos. They have hired consultants and experts to aid them in making their case. They're also reaching out to lawmakers with ties to asbestos.
This is a battle our company 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 be involved until the EPA eliminates the deadly and harmful substance in the United States. This is an important step towards ensuring that nobody else Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.
How to Determine if You Are Suffering from Asbestos
Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. These materials are known for their strength, flexibility and resistance to fire and chemicals. These properties make them useful in a variety of industrial products, including insulation.
Asbestos is a component in a variety of household and building items. Examples include floor tiles made of vinyl insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When lawrence asbestos attorneys is disturbed, it releases dangerous fibres into the air. Inhaling the microscopic fibers could enter the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These illnesses have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. Asbestos that is in good condition is unlikely to release any fibers until it is agitated. Homeowners must inspect the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a renovation that could affect it, you should speak with an asbestos removal specialist to conduct a further examination.
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 a physician. They can order various tests to determine whether you suffer from symptoms related to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing structure, your employer must provide you with information on how to contact a contractor who can remove asbestos. You should also contact an environmental inspection company to examine your home. The experts can inspect your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos can be safely removed provided the proper precautions are followed. Asbestos removal is best done by professionals who are trained and licensed in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, they must adhere to all state and federal regulations. This includes properly covering all the waste produced by the project and disposing it. Incorrect handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. This is why strict rules are in place to prevent this from occurring.
Asbestos in good condition that is not disturbed could not pose any health risk. It is recommended to have any ACM that will be disturbed during renovations or demolition inspected before you start the work. This will allow the professional to determine whether the material must be removed prior to beginning any work. They will also ensure that it is handled, packed and labeled, transported and then disposed of in accordance with government regulations.
It is illegal to work in asbestos without a license Anyone who does not comply with these rules can face substantial fines. If you suspect improper abatement has occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
In the process of removing asbestos, the material must be kept moist throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior to removing it with a water/detergent spray will aid in this. Once asbestos has been removed, it should be placed in thick plastic bags or tarps that are double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof car.
You can also protect small areas of asbestos in good condition using commercial products that can fill holes and seal damages. These products are available in stores that specialize on asbestos-related materials and safety equipment. See How to Remove Asbestos for more details on how to cover and dispose asbestos properly.