The Reasons Asbestos Lawyer Is Tougher Than You Think
Is Asbestos Legal?
While asbestos is still banned, numerous legislative proposals for incremental legislation have been tossed around Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the an EPA priority list of chemicals to be reviewed and assessed for risk.
In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws vary from state to state, but generally, property owners are required to keep their buildings secure and warn workers of any possible dangers.
The Law
Asbestos is an assortment of naturally occurring minerals. It was once employed in construction because it was fire resistant as well as chemical corrosion resistant and insulation. Inhaling asbestos fibers, however they can trigger serious health issues, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even today, asbestos is still present in over 3,000 different products. If you suspect your workplace or home may contain asbestos, a qualified inspector should inspect the area. A professional can assist you in determining what needs to be done if this material is present in your property and will work with an abatement contractor should it be necessary.
It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In certain instances, victims may claim damages under a theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and is based on the fact that the product was inherently dangerous.
An asbestos lawyer can provide information on the different kinds of strict liability and negligence and will advise you on whether this theory is applicable to your case. The law also requires that employers provide safe working conditions and safety training for employees. This requirement can be extended to property owners who use asbestos, if they are aware employees from third parties will be using the buildings.
Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that do this are required to provide "bankruptcy funds" which pay injured victim's pennies for their losses in the past. This system has been criticized due to its lack of transparency and the fact that it doesn't pay future workers' compensation.
To protect the public, Congress has considered but did not pass legislation to establish an asbestos trust fund of $140 billion fund to replace litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have thought that asbestos was prohibited because it's no longer a common building material. 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 every day on this issue.
In 1989 the year 1989, the EPA published a rule that prohibits the importation, production, and processing of asbestos-containing products. Chemical industry 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 substance and purchase it from mining operations.
In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos has been added the list that requires a risk assessment. The EPA made another significant step toward a ban in 2019 when it published an official rule that enhances the agency's ability to prevent asbestos-containing products from returning to the market.
Trade groups are trying to block the EPA from prohibiting asbestos. These groups argue that a ban could threaten the country's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired consultants and experts to help them make their argument. They are also turning on lawmakers who have connections to asbestos.
This is a battle that our firm has been involved in for over 15 years. We are proud to have stood with 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 chemical in the United States. This is a significant move to ensure that there are no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.
How to Tell if you have Asbestos
Asbestos is an assortment of minerals that naturally occur and are laid out into long, thin fibres. These materials are well-known for their toughness, flexibility and resistance to fire and chemicals. These qualities made them useful in a range of industrial products such as insulation.
Because asbestos is so versatile, it's employed in a variety of household and commercial products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are but a few examples. 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 asbestos is disturbed it releases harmful fibers into the air. Inhaling these microscopic fibers can enter the lungs and cause severe lung diseases, such as mesothelioma and asbestosis. These diseases can have a long latency time and sufferers might not experience symptoms for 20 to 50 years following exposure.
Many people worry that they might have asbestos in their home. Most of the time, asbestos in good condition will not release fibers unless disturbed. Check the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning a renovation which could impact it, you should speak with an asbestos specialist for a more thorough examination.
If asbestos is in good shape there is no reason to remove it. Talk to your doctor if are worried about your health. norfolk asbestos attorney can perform a variety of tests to determine if you are experiencing symptoms associated with asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with the information needed to contact a contractor who can remove asbestos. You should also seek out an environmental inspection company to assess your home. The experts can inspect your home and conduct a thorough visual examination.
How to Get Asbestos Out
Asbestos removal is safe provided you take the appropriate precautions. Asbestos removal is best done by professionals who are certified and trained in the proper handling of the substance. If homeowner decides to take away asbestos from their home, he or she must comply with all state and federal regulations. This includes properly covering every waste product generated during the project and properly disposing of it. Improperly handling and disposing of asbestos can expose people and workers to asbestos-related diseases, like lung cancer and mesothelioma. This is why strict guidelines are in place to prevent this from happening.
Asbestos that is in good condition and will not be disturbed may not pose a health risk. However, it is advised that you have any ACM which is affected by renovation or demolition inspected by an asbestos professional before beginning any work. This will allow a professional to determine if the material requires abatement before beginning any work. It also helps ensure it is properly handled wrapped, labeled, and shipped in accordance with the regulations of the government.
It is illegal to work with asbestos without a permit 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 state department of environmental quality.
When removing asbestos, the substance must be kept moist throughout the process to prevent the release of airborne fibers. This can be accomplished by spraying the material with a mist of water or detergent prior to taking it off. Once the asbestos has been removed, it needs to be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly labeled as asbestos waste and then disposed in a leak-proof vehicle.
In addition small areas of asbestos in good condition can be covered with commercial products designed to repair holes and seal damages. These are available at shops that specialize in asbestos materials and safety products. See How to Get rid of Asbestos to learn more about how to dispose and cover asbestos in a safe manner.