What Asbestos Lawyer Should Be Your Next Big Obsession?
Is Asbestos Legal?
Although asbestos is still banned several incremental legislative proposals have been tossed around 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 to be evaluated for risk and review.
In addition to mining companies, property owners can also face liability for asbestos-related injuries. Laws vary state-to-state but generally, property owners must ensure that their structures safe and inform employees of potential dangers.
The Law
Asbestos is a group of naturally occurring minerals that were once used in the construction industry because of its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers it can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. The symptoms can take anywhere from 15 to 30 years to show up after exposure. Even in the present, asbestos can be found in more than 3,000 different products. A qualified inspector should check your workplace or home if you suspect it may contain asbestos. A professional can help you determine what steps to take when asbestos is found on your property and work with an abatement contractor should it be necessary.
You can file a suit against the manufacturer if they produce asbestos-containing products. yuma asbestos lawsuit is often difficult to prove the fault of a defendant. In some cases, victims may claim damages under a theory of strict liability. This type of claim removes the need to prove the four elements of negligence, and is based on the fact that the product was inherently dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of negligence and inform you if this theory is applicable to your particular situation. The law also requires employers to provide safe working conditions and adequate safety training for employees. This obligation can be extended to property owners who use asbestos if they are aware that third-party employees will use the buildings.
Many asbestos manufacturers escaped liability through bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it doesn't guarantee future compensation for workers.
In a bid to protect the public, Congress has considered but failed to approve legislation that would have created an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have taken money held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it did not get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have thought that asbestos was prohibited because it's no longer a widely used building material. However it's true that the United States is one of the few industrialized nations that do not have a ban on asbestos, despite the fact that asbestos has been linked to cancer in any quantity. This is a matter that our lawyers and the international anti-asbestos movement continue to fight every day.
The first step towards an end to the ban came in 1989 when the EPA issued a regulation prohibiting the production, importation, and processing of all asbestos-containing products. Chemical industry filed a lawsuit, and the court upheld the majority of the ban. Asbestos is still employed in a few manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for other purposes.
In 2016 Congress amended the Toxic Substances Control Act and gave the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. The EPA made another significant step towards a ban 2019 when it published a final rule that strengthens the agency's capacity to stop asbestos-containing items from returning to the market.
However, trade groups continue to block the EPA's effort to ban asbestos. They argue that asbestos bans would be a threat to the supply of chlorine in the United States and argue that there are alternatives to asbestos. They have hired experts and consultants to help to make their case, and they are turning to lawmakers who have ties to asbestos's industry.
Our firm has been fighting this fight for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the dangerous and deadly substance in the United States. This is a huge step in ensuring that there is no longer a chance for Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.
How to determine if you have Asbestos
Asbestos is a collection of minerals that are naturally occurring and are formed into long, fine fibers. These materials are known for their durability, flexibility, and resistance to fire and chemicals. These properties made these materials useful in a range of industrial products like insulation.
Asbestos can be found in a variety of building and household products. Some examples include vinyl floor tiles as well as insulation for pipes and boilers in residential and commercial 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 dangerous fibers into the atmosphere. Inhaling these fibers can lead to serious lung diseases like mesothelioma or asbestosis. These diseases can be extremely latency-prone and sufferers may not notice symptoms for 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged, or if you plan to make changes to your home or alter the material in any way, it is recommended to seek out an asbestos abatement professional for a second inspection.
If asbestos is in good shape there is no reason not to remove it from your home. Consult your doctor if you are worried about your health. They can conduct various tests to determine if you have symptoms relating to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you work in a public place where you are exposed asbestos, your employer must give you information on how to reach an asbestos abatement contractor. You should also seek out an environmental inspection company to evaluate your home. These professionals can test your home and conduct a detailed visual inspection.
How to Remove Asbestos
Asbestos removal is secure if you take the appropriate precautions. Because of this, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must follow federal and state regulations on how the work is done. This includes covering up all the waste produced during the project and properly disposing of it. Improper handling and disposal asbestos can put workers and general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. To avoid this strict guidelines have been enacted.
If asbestos is in good shape and will not be disturbed, it may not pose a health threat. However, it is advised that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos professional before starting the work. This will enable the professional to determine whether the material requires to be abated before starting any work and will also ensure that it is handled, packaged, labeled, transported, and disposed of in accordance with government regulations.
It is illegal for anyone to work on asbestos without a valid license, and those who violate the rules are subject to severe fines. If you suspect that an improper abatement has occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental health.
When removing asbestos, the material must be kept wet constantly to minimize the release of airborne fibers. Spraying the material before removal with a detergent or water spray can help in this. Once the asbestos is removed, it needs to be placed in heavy plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.
You can also cover small areas of asbestos that are in good condition with commercial items that can fill holes and seal damages. They are available in stores that specialize in asbestos-related materials and safety items. For more details on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.
