10 Healthy Asbestos Lawyer Habits

Is Asbestos Legal?

Congress has passed a number of incremental legislation proposals despite the fact asbestos is still prohibited. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to The EPA's list of chemicals that are most important to be evaluated for risk and review.

In addition to mining businesses, property owners may be held responsible for asbestos-related injuries. The laws vary from state to state but generally, property owners are required to keep their premises secure and warn workers of any dangers that could be present.

The Law

Asbestos is one of the naturally occurring minerals that were once popular in construction due to its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms can appear 15-30 years later. Even today, asbestos can be found in more than 3,000 items. If you think your home or workplace may contain asbestos, an experienced inspector should inspect the area. A professional can help you determine what must be done should asbestos be found within your home or workplace and work with an abatement professional in the event of a need.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain instances, victims can seek compensation under a doctrine of strict liability. This type of claim eliminates any need to prove four elements of negligence and is based on the fact that the product was dangerous.

An asbestos lawyer can explain the 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 requirement can be extended to building owners who use asbestos if they are aware that third-party employees will use those buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that make this decision are required to provide "bankruptcy funds" which pay injured victim's pennies on the dollars of their losses in the past. This system has been criticized due to its lack of transparency as well as the fact that it does not guarantee future compensation for Asbestos Legal workers.

Congress was able to consider but failed to pass legislation that would have established an $140 billion trust fund for asbestos to be used in lieu of litigation. The bill would have taken money kept in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned because it is no longer a common building material. However it's true that the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact that asbestos has been proven to cause cancer in any quantity. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to tackle every single day.

The first step towards the ban was in 1989, when the EPA issued a directive prohibiting the production, importation and processing of the majority of asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the substance and purchase it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. The EPA took a further step towards a ban 2019 when it published a final rule that bolsters the agency's capability to prevent asbestos-containing items from returning to the market.

However, trade groups are attempting to stop the EPA's attempt to stop asbestos from being used in construction. These groups claim asbestos bans would threaten the country's chlorine supply and argue that there are better alternatives than asbestos. They have hired consultants and experts to aid them in making their case. They are also reaching out to legislators with ties to asbestos.

This is a fight that our firm has been involved in for over 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA prohibits this harmful and deadly substance in the United States. This is a significant step to ensure that no other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. They are known for their strength, flexibility and resistance to fire and chemicals. These properties made them useful in a number of industrial items, including insulation.

Because asbestos is so versatile, it's employed in a variety of buildings and household products. Some examples include vinyl floor tiles, pipe insulation and boilers in commercial and residential structures, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, as well as insulation for furnaces, pipes and other common building materials.

When asbestos litigation is disturbed it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung conditions like mesothelioma or asbestosis. These illnesses can have a long time of latency and sufferers may not be symptomatic for 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. The majority of the time, asbestos in good state will not release any fibers unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you are planning to remodel your house and disturb it in any way, you should seek out an asbestos abatement professional to conduct a more thorough inspection.

If asbestos is in good condition there is no reason to eliminate it from your home. If you are concerned about your health, you should consult a physician. They can recommend a range of tests to determine if you are experiencing symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in an asbestos-containing facility the employer has to provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental inspection company to examine your home. They can conduct a test on your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos removal is safe provided you take the proper precautions. Because of this, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, they must comply with all federal and state regulations. This includes properly covering and disposing of all waste resulting from the project. Incorrect handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related ailments such as mesothelioma and lung disease. This is the reason strict regulations are in place to stop this from occurring.

If asbestos is in good condition and has not been disturbed, it may not cause health risks. It is however recommended that you have any ACM which is affected through demolition or renovations examined by an asbestos professional before starting the work. This will allow an expert to determine if the material needs to be removed prior to commencing any work. It also helps ensure it is properly handled in a safe manner, packaged, labeled and transported in compliance with the regulations of the government.

It is unlawful for anyone to work in asbestos without a license anyone who is in violation of these rules face large fines. If you suspect that asbestos has been improperly removed from your property, you should contact your local environmental quality department or the Occupational Safety and Health Administration.

When removing asbestos, the substance must be kept wet all the time to limit the release of airborne fibers. This can be accomplished by spraying the material with a mist of water or detergent prior to removing it. After the asbestos is removed, it should be put into plastic bags or tarps that are double-wrapped with tape. This material should be clearly labeled as asbestos waste and disposed of in a leak-proof vehicle.

Alternately, small areas of asbestos that are in good condition can be coated with commercial products designed to make holes or seal the damage. These are sold at stores which specialize in asbestos materials and safety equipment. For more details about how to cover and dispose of asbestos learn about how to remove Asbestos.