10 Asbestos Lawyer Tips All Experts Recommend

Is Asbestos Legal?

Congress has approved a variety of incremental legislation plans despite the fact that asbestos is still banned. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's prioritization list of chemicals for risk assessment and review.

Property owners are also liable for asbestos-related injuries, as are mining companies. State laws differ but generally, property owners must keep their structures safe and inform workers of the potential hazards.

The Law

Asbestos is a class of naturally occurring minerals that were once a popular choice in construction due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however they can trigger serious health issues, including lung cancer, asbestosis, and mesothelioma. Symptoms can take 15 to 30 years to manifest after exposure. Even in the present, asbestos can be found in more than 3,000 products. If you are concerned that your workplace or house may contain asbestos, a licensed inspector should check the area. A professional can help you determine what steps to take when asbestos is found within your home or workplace and collaborate with an abatement contractor when needed.

It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In certain cases, victims might be able seek damages on the basis of strict liability. This type of claim removes any need to prove four elements of negligence, and relies instead on the fact that the product was dangerous.

An asbestos lawyer can explain strict liability, negligence, and the different types and advise whether this theory applies to your particular situation. Employers are also required to provide safe working conditions to their employees as well as adequate education in safety. This obligation could be extended to building owners who use asbestos, if they are aware third-party employees will use those structures.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies who do this are required to pay "bankruptcy funds" which pay victims of injury pennies based on their past losses. The system is criticized for the lack of transparency and because it doesn't cover future compensation.

In a bid to protect the public, Congress has considered but failed to approve legislation that would have created a $140 billion asbestos trust fund to compensate victims of litigation. The legislation would have taken funds reserved by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was banned because it's not a typical building material. The United States is one the few industrialized nations that do not prohibit asbestos, despite its proven cancer-causing properties. This is an issue that our lawyers and the rest of the world's anti-asbestos movement continue to work on every day.

The first step towards the ban was in 1989 when the EPA issued a regulation prohibiting the manufacturing, importation and processing of most asbestos-containing products. However, the chemical industry sued and the court overturned the majority of the ban.  torrance asbestos lawsuit  is still used in some manufacturing processes. It's legal for companies to import the substance and purchase it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos has been added to the list of substances that require a risk assessment. The EPA took a further step toward a ban in 2019 when it published a final rule that bolsters the agency's capability to prevent asbestos-containing items from returning to the market.

Trade groups are attempting to block the EPA's effort to stop asbestos from being used in construction. These groups claim the ban on asbestos will threaten the country's chlorine supply and claim that there are alternatives than asbestos. They have hired experts and consultants to to make their case and are looking to lawmakers with ties to the asbestos industry.

This is a battle our firm has been involved in for over 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and harmful substance in the United States. This is a crucial step towards ensuring that no other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is minerals that are found naturally and are arranged into long, thin fibers. These materials are well-known for their flexibility, strength and resistance to fire and chemicals. These properties made these materials useful in a range of industrial products like insulation.

Because asbestos is so versatile, it's used in a range of household and industrial items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are but a few examples. Asbestos can also be found in ceiling tiles and shingles, insulation for pipes, furnaces and other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung diseases, such as mesothelioma or asbestosis. These diseases have a lengthy 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 may have asbestos in their homes. Asbestos that is in good condition is not likely to release fibers until it is agitated. Homeowners must inspect the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a home remodel that could affect it, you should speak an asbestos abatement expert to conduct an additional inspection.

If asbestos is in good condition there is no reason why you should remove it from your home. See your doctor if are concerned about your health. They can perform various tests to determine if there are symptoms relating to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. Additionally the state laws require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility your employer must provide you with details on how to find a contractor that can remove asbestos. You should also seek out an environmental inspection company to evaluate your home. They will test and visually inspect your home.

How to Get Asbestos Out

Asbestos removal is safe when you take the proper precautions. This is why asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos materials from their home, they must adhere to the federal and state regulations for how the work is done. This includes covering any waste generated by the project, and then disposing of it. Unsafe handling and disposal of asbestos can expose workers and others to asbestos-related illnesses, like lung cancer, and mesothelioma. This is why strict rules are in place to prevent this from occurring.

Asbestos in good health that can't be disturbed may not pose a health risk. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition examined prior to you begin your work. This will enable the professional to determine whether the material requires to be removed prior to beginning any work. It will also ensure that it is handled, packaged and labeled, transported and disposed of according with regulations set by the government.

Anyone who works with asbestos without a permit is violating the law, and violators face heavy fines. If you suspect improper abatement occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

In the process of removing asbestos, the substance must be kept wet constantly to minimize the release of airborne fibers. This can be achieved by spraying the material with a water/detergent mist before removing it. After the asbestos has been removed, it needs to be placed in thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste, and disposed in a leak-proof car.

Alternately small areas of asbestos that are in good condition can be covered with commercial products that are designed to fill holes and seal damage. These products are sold in stores that specialize in asbestos-related materials and safety equipment. Learn How to Remove Asbestos for more information on how to cover and dispose of asbestos in a safe manner.