20 Asbestos Lawyer Websites Taking The Internet By Storm
Is Asbestos Legal?
Although asbestos is still banned several legislative proposals with incremental provisions have been floated through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA 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. The laws differ between states, however, in general, property owners are obliged to keep their properties safe and warn employees of any risks that might be present.
The Law
Asbestos is a group of naturally occurring minerals that once were popular in the construction industry due to its fire-resistant chemical resistance and insulation properties. Inhaling asbestos fibers they can trigger serious health problems, including lung cancer, asbestosis, and mesothelioma. Following exposure, symptoms can develop 15-30 years after. Even today, asbestos is found in more than 3,000 products. A qualified inspector should be able to inspect your home or work place if you suspect that it might contain asbestos. A professional can assist you in determining what needs to be done if this material is present in your property and will work with an abatement professional when needed.
You can file a lawsuit against the manufacturer when they produce asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims may claim damages under a theory of strict liability. This type of claim eliminates 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 explain the strict liability, negligence and the different types of liability and help whether this theory applies to your situation. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This obligation could extend to the owners of buildings where asbestos is utilized if it is known that the buildings will be used by employees of a third party.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do so are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't pay future workers' compensation.
Congress considered but could not approve, legislation that would have created an investment fund of $140 billion for asbestos instead of pursuing litigation. The bill would have tapped funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not receive the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos is no longer a common ingredient in construction materials, and a lot of Americans might have assumed that the mineral was banned. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. This is a problem that our lawyers and the rest of the international anti-asbestos movement continue to fight every day.
The first step towards prohibition came in 1989, when the EPA issued a directive prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. However chemical companies sued and the court overturned the majority of the ban. quincy asbestos attorney is still used in some manufacturing processes. It is legal for companies to import the substance and buy it from mining companies.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. In the year 2019, the EPA took a major step towards an end to asbestos when it announced an order that bolstered the agency's capabilities to prevent asbestos-containing products from coming back to the market.
Trade groups are attempting to stop the EPA from bans on asbestos. These groups claim that a ban could threaten the country's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help to make their case, and they are turning to lawmakers who are connected to asbestos's industry.
This is a battle our firm has been involved in for over 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and hazardous substance 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 already been diagnosed with mesothelioma.
How to Determine if You Are Suffering from Asbestos
Asbestos is an assortment of minerals that occur naturally and are organized into long, thin fibres. These materials are known for their durability, flexibility, and resistance to chemical and fire. These properties make them useful in a variety of industrial items, including insulation.
Asbestos can be found in many different types of household and building items. Some examples include floor tiles made of vinyl, pipe insulation and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles, insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibres into the air. Inhaling these microscopic fibers may enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases can have a long time of latency, and victims may not show symptoms for a period of 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. In most cases asbestos in good condition will not release fibres unless they are disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears slightly damaged or if you intend to make changes to your home or alter the material in any way, it is recommended to consult an asbestos abatement specialist for a thorough examination.
If asbestos is in good shape there is no reason not to remove it from your home. If you are concerned about your health, consult with a physician. They can order a variety of tests to determine whether you suffer from symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. In addition the state laws oblige public employees to have the same protections. If you are employed in an asbestos-containing facility your employer must provide you with details on how to connect with a contractor who can remove asbestos. You should also contact an environmental inspection firm to assess your home. They can conduct a test on your home and conduct a detailed visual examination.
How to Get Asbestos Out
Asbestos is safe to remove provided the proper precautions are followed. For this reason, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos materials from their house, they must comply with state and federal regulations regarding how the work is carried out. This involves properly covering and disposing of all waste generated by the project. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. This is why strict guidelines are in place to stop this from happening.
Asbestos in good health that will not be disturbed may be safe for health. It is recommended to have any ACM that may be disturbed during renovation or demolition inspected before you begin work. This will enable a professional to determine whether the material requires removal prior beginning any work. It also helps ensure it is handled in a safe manner, packaged, labeled and transported in compliance with the regulations of the government.
Anyone who works with asbestos without a permit violates the law, and violators face severe fines. If you suspect that asbestos has not been properly removed from your property, contact your local or state environmental quality department or the Occupational Safety and Health Administration.
During the removal of asbestos, the material needs to be kept wet throughout the process to prevent the release of airborne fibers. This can be accomplished by spraying the asbestos with a mist of water or detergent prior to taking it off. Once the asbestos is removed, it must be placed in large plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste and disposed in a leak-proof vehicle.
Alternatively small areas of asbestos that are in good condition can be covered with commercial products that are designed to make holes or seal the damage. These are available at shops that specialize in asbestos-related materials and safety products. Check out How to Remove Asbestos for more details on how to cover and dispose of asbestos in a safe manner.