What Is Asbestos Lawyer And Why Is Everyone Speakin' About It?
Is Asbestos Legal?
While asbestos is still banned, several legislative proposals with incremental provisions have been passed through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals that require risk assessment and review.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. Laws vary by state, but in general property owners must ensure that their structures safe and inform workers of any dangers that could be present.
The Law
Asbestos is one of the naturally occurring minerals that were once used in the construction industry due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers they can trigger serious health issues, including asbestosis, lung cancer and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos can be found in more than 3,000 products. If you think your workplace or home may contain asbestos, a licensed inspector should be able to inspect the area. A professional can help you determine what must be done when asbestos is found in your property and will collaborate with an abatement contractor if necessary.
You may file a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving a defendant's negligence may be a challenge. In certain cases, victims can pursue damages based on a theory 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 a product was inherently hazardous.
An asbestos lawyer can provide information on the various kinds of negligence and strict liability and advise you on whether this theory is applicable to your particular situation. Employers are also required to provide safe working conditions to their employees and adequate training in safety. This obligation could extend to owners of structures where asbestos is used when it is determined that those buildings will be used by employees of a third party.
Many asbestos manufacturers escaped liability through bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency and the fact that it does not pay future workers' compensation.
To protect the public, Congress has considered but was unable to pass legislation that would have created an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by victim advocates or corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed 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 asbestos has been linked to cancer in any amount. Our lawyers and the world's anti-asbestos activists continue to fight every day on this issue.
In 1989, the EPA issued a regulation that prohibits the importation, production, and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the material and buy it from mining operations.
In 2016 Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took another major step towards a complete ban in 2019 when it issued an official rule that enhances the agency's ability to prevent asbestos-containing products from coming back onto the market.
However, trade organizations continue to block the EPA's effort to stop asbestos from being used in construction. They argue that a ban would jeopardize the nation's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them build their argument. They're also reaching out on lawmakers who have connections to asbestos.
This is a fight that our company has been involved in for over 15 years. arlington heights asbestos attorneys are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is a significant step to ensure that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.
How to Know if You Have Asbestos
Asbestos is made up of an assortment of minerals that are found naturally and are formed into long, fine fibers. These materials are well-known for their toughness, flexibility and resistance to fire and chemicals. These properties made them useful in a number of industrial products, including insulation.
Because asbestos is so versatile, it's used in a wide range of household and industrial items. Some examples include vinyl floor tiles, insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for furnaces, pipes, and other common building materials.
When asbestos is disturbed it releases harmful fibres into atmosphere. Inhaling asbestos fibers can result in serious lung diseases such as mesothelioma or asbestosis. These illnesses have a long period of time before they manifest, and the victims may not notice symptoms until 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good condition is not likely to release fibers until it is disturbed. Examine the material for water damage, abrasions or tears. If the material appears to be slightly damaged, or if you plan to renovate your home and disturb it in any way, it is recommended to consult an asbestos abatement expert to conduct a more thorough inspection.
If asbestos is in good condition there is no reason why you should remove it from your home. Talk to your doctor if are worried about your health. They can conduct various tests to determine whether you suffer from symptoms linked to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. Additionally the laws of the state require public employees to be provided with the same protections. If you work in an asbestos-rich building, your employer must provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental inspection company to examine your home. The experts can inspect your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos can be safely removed, provided that the proper precautions are taken. As a result, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, he or she must adhere to all state and federal regulations. This includes properly covering and removing all waste generated by the project. Improperly handling and disposing of asbestos could expose people and workers to asbestos-related diseases like lung cancer, and mesothelioma. This is why strict rules are in place to stop this from happening.
If asbestos is in good condition and is not disturbed, it should not cause health risks. However, it is advised that you have any ACM that is likely to be affected by renovation or demolition inspected by an asbestos expert prior to beginning the work. This will allow a professional to determine whether the material needs to be removed prior to starting any work. It also helps ensure it is properly handled in a safe manner, packaged, labeled and shipped in accordance with the regulations of the government.
Anyone who is working with asbestos without a permit is violating the law. Those who break it face severe penalties. If you suspect that asbestos was improperly removed from your property or building, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.
During the removal of asbestos, the material must be kept moist all the time to limit the release of airborne fibers. Spraying the asbestos prior removing it with a water/detergent spray can aid in this. After the asbestos has been removed, it needs to be stored in plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste and removed in an enclosed vehicle that is leak-proof.
Alternately, small areas of asbestos in good condition can be covered with commercial products that are designed to repair holes and seal damages. These products are sold in stores that specialize in asbestos-related products and safety gear. For more details on how to properly remove asbestos Learn How to Remove Asbestos.