What A Weekly Asbestos Lawyer Project Can Change Your Life
Is Asbestos Legal?
Although asbestos remains banned, several legislative proposals with incremental provisions have been floated through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. State laws differ however, in general, property owners must ensure that their buildings safe and warn workers of any dangers that could be present.
The Law
Asbestos is a group of naturally occurring minerals that were once popular in construction due to its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even in the present, asbestos can be found in more than 3,000 items. A qualified inspector should inspect your home or work place if you suspect that it might contain asbestos. A professional can advise you on what steps to take when asbestos is found on your property and work with an abatement professional if necessary.
You can file a suit against the manufacturer when they produce asbestos-containing products. It is often difficult to prove the defendant's guilt. In certain cases, victims might be able seek damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven however, instead it relies on the fact that a product was dangerous in its own right.
An asbestos lawyer can explain strict liability, negligence and the different types of liability and help you on the possibility of applying this theory in your case. The law also requires employers to provide safe working conditions and safety education to employees. This obligation may extend to owners of buildings that are constructed with asbestos in the event that it is established that the building are utilized by third party employees.
Many asbestos manufacturers escaped liability through bankruptcy protection. kansas city asbestos law firm that do this are required to create "bankruptcy funds" that pay injured victims pennies on their previous losses. This system is often criticized for the lack of transparency, as well because it doesn't cover future compensation.
In an effort to protect the public, Congress has considered but failed to approve legislation that would establish an asbestos trust fund of $140 billion fund to compensate victims of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by victim advocates or corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in building materials, and many Americans might have believed the mineral was banned. The United States is one the few industrialized nations that do not ban asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work every day to address this issue.
In 1989 the year 1989, EPA issued a rule which prohibits the importation, production, and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos has been added to the list of substances that require a risk assessment. The EPA took another major step towards a ban in 2019 when it issued a final rule that bolsters the agency's capability to prevent asbestos-containing products from resurfacing on the market.
Trade groups are trying to prevent the EPA from prohibiting asbestos. The trade groups argue that a ban would threaten the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to make their case and are looking to legislators who have ties to the asbestos industry.
This is a war that our firm has been involved in for over 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA bans this dangerous and deadly chemical in the United States. This is an important step toward ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.
How to Tell if you have Asbestos
Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These materials are known for their durability, flexibility, and resistance to chemicals and fire. These qualities made them suitable in a variety of industrial products, like insulation.
Asbestos is a component in many different types of building and household products. Vinyl floor tiles boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are but a few examples. Asbestos can also be found on ceiling tiles, shingles, insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed it releases dangerous fibers into the atmosphere. When inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These illnesses can have a long latency time and sufferers may not show symptoms for up to 20 years after exposure.
Many people are concerned that they might have asbestos in their home. Asbestos in good health is not likely to release fibers until it is agitated. Homeowners should examine the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a remodel which could impact it, you should check with an asbestos specialist for a more thorough examination.
If asbestos is in good condition there is no need to remove it. If you are concerned about your health, you should consult a doctor. They can conduct a variety of tests to determine if you are experiencing symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. In addition states' laws require public employees to receive the same protections. If you work in an asbestos-rich building, your employer must provide you with the information needed to reach a contractor who can remove asbestos. Contact an environmental inspection firm to evaluate your home. They can examine and test your home.
How to Remove Asbestos
Asbestos removal is safe when you take the proper precautions. Asbestos removal should only be done by professionals who are certified and trained in the proper handling of the material. If homeowner decides to take away asbestos from their home, they must adhere to all state and federal regulations. This includes covering and removing all waste resulting from the project. Incorrectly handling and disposing of asbestos can expose workers and the public to asbestos-related illnesses, including lung cancer and mesothelioma. To avoid this strict regulations have been put in place.
Asbestos that is in good condition and will not be disturbed may not pose any health risks. However, it is highly recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos professional before commencing the work. This will allow the professional to determine whether the material must be sprayed prior to starting any work. They will also ensure that it is treated, packaged, labeled, transported, and then disposed of in accordance to the rules of the government.
Anyone who uses asbestos without a permit violates the law and those who violate it face heavy fines. If you suspect that an improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
To reduce the release of fibers into the air, it is crucial to keep the material hydrated throughout the removal process. Spraying the material prior to taking it off with a water/detergent spray will aid in this. After the asbestos is removed, it must 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.
Alternatively small areas of asbestos that are in good condition can be covered with commercially-made products designed to fill holes and seal any damage. They are available in stores that specialize in asbestos products and safety equipment. For more information on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.