What Asbestos Lawyer Is Your Next Big Obsession?
Is Asbestos Legal?
Although asbestos is still banned, several incremental legislative proposals have been floated through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals for risk assessment and review.
In addition to mining companies, property owners can be held responsible for asbestos-related injuries. Laws vary state-to-state, but in general property owners are required to keep their premises safe and inform workers of potential dangers.
The Law
Asbestos is a group of naturally occurring minerals that were once used in construction due to its fire-resistant chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibres can lead to serious health issues like mesothelioma, lung cancer, and asbestosis. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is present in more than 3,000 different products. If you are concerned that your workplace or home may contain asbestos, a qualified inspector should be able to inspect the area. A professional can advise you on what you should do should asbestos be found within your home or workplace and can work with a contractor when needed.
It is possible to make an asbestos lawsuit against the maker of asbestos-containing products. It isn't always easy to prove a defendant's fault. In certain cases, victims might be able to pursue damages on the basis of strict liability. This type of claim removes the requirement to prove the four elements of negligence and relies instead on the fact that the product was intrinsically dangerous.
An asbestos lawyer can provide information on the different types of strict liability and negligence and can advise 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 employ asbestos if they are aware that third-party employees will use those buildings.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who do this are required to pay "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.
In a bid to protect the public, Congress has considered but did not pass legislation that would establish an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by victims' advocates or corporations.
Is Asbestos Banned In The U.S.
Asbestos is no longer ubiquitous in construction materials, and a lot of Americans may have assumed that asbestos was banned. The United States is one the few industrialized nations that do not prohibit asbestos despite its known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos movement continue to work every day on this issue.
The first step towards an end to the ban came in 1989, when the EPA issued a rule banning the manufacturing, importation and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still used in a variety of manufacturing processes, and it's legal for companies to purchase the substance from mining operations and import it to use for different purposes.
In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more power to regulate hazardous chemicals. Asbestos has been added the list of chemicals that require an assessment of risk. The EPA took a further step towards a ban 2019 when it issued a final rule that strengthens the agency's ability to stop asbestos-containing products from resurfacing on the market.
Trade groups are attempting to prevent the EPA from bans on asbestos. They argue that a ban on asbestos would threaten the country's chlorine supply and argue that there are safer options to asbestos. ogden asbestos attorneys have hired experts and consultants to to make their case and are now turning to lawmakers with ties to asbestos-related industries.
This is a battle our company has been involved in for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the dangerous and deadly substance in the United States. This is an important move to ensure that no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.
How to tell if have Asbestos
Asbestos is minerals that naturally occur and are organized into long, thin fibres. These minerals are regarded as being strong, flexible and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products including insulation.
Because asbestos is so versatile, it's employed in a wide range of household and industrial items. Some examples include vinyl floor tiles, insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for furnaces, pipes, and other building materials commonly used.
When asbestos is disturbed, it releases harmful fibres into air. Inhaling these fibers can lead to serious lung conditions like mesothelioma or asbestosis. 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 that they have asbestos in their home. Asbestos in good health is unlikely to release fibers until it is agitated. Homeowners should examine the material for tears, abrasions or water damage. If the material appears slightly damaged, or if you plan to renovate your home and disturb it in any way, consult an asbestos abatement expert for a thorough examination.
If asbestos is in good shape, there is no need to get rid of it. If you are concerned about your health, you should consult a physician. They can recommend a range of tests to determine whether you are suffering from symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public building in which you are exposed to asbestos, your employer must provide details on how to contact an asbestos abatement contractor. You should also contact an environmental inspection company to evaluate your home. The experts can test and visually inspect your home.
How to Get Asbestos Out
Asbestos can be safely removed provided that the proper precautions are followed. Asbestos removal should only be done by professionals who are certified and trained in the proper handling of the material. If a homeowner decides to remove asbestos from their home, they must comply with all federal and state regulations. This includes covering up all waste generated by the project and disposing it. Incorrect handling and disposal of asbestos can put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma cancer and lung disease. To stop this from happening, strict regulations have been put in place.
Asbestos that is in good condition and will not be disturbed may be safe for health. It is recommended to have any ACM that will be disturbed during renovation or demolition examined prior to you start the work. This will let the professional know whether the material must be removed prior to beginning any work and will also ensure that it is handled, packed and labeled before being transported and disposed of in accordance with government regulations.
Anyone who uses asbestos without a permit violates the law, and violators are liable for heavy penalties. If you suspect that asbestos has not been properly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.
To minimize the release of fibers into the air, it is essential to keep the material damp throughout the removal process. Spraying the asbestos prior removal with a detergent or water spray will help achieve this. Once the asbestos is removed, it should be placed in large plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof vehicle.
You can also cover small areas of asbestos in good condition by using commercial products that can fill holes and seal damages. These products are available in stores that specialize in asbestos-related products and safety gear. See How to Remove Asbestos for more information about how to cover and dispose of asbestos safely.