10 Asbestos Lawyer Tricks All Experts Recommend
Is Asbestos Legal?
Although asbestos remains banned, numerous legislative proposals for incremental legislation have been tossed around Congress. One of them is 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 companies, property owners can be held responsible for asbestos-related injuries. The laws vary between states, but generally property owners are required to keep their premises safe and inform workers of any potential dangers.
The Law
Asbestos is among the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms can develop 15-30 years after. Even today, asbestos can be found in more than 3,000 products. If you are concerned that your workplace or home might contain asbestos, an experienced inspector should check the area. A professional can assist you in determining what needs to be done should asbestos be found on your property and work with an abatement professional should it be necessary.
It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. It isn't always easy 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 eliminates the requirement to prove the four elements of negligence and is based on the fact that the product is inherently dangerous.
An asbestos lawyer can explain the various types of strict liability and negligence and will be able to advise you if this theory applies to your situation. The law also requires employers to provide safe working conditions as well as adequate safety training to employees. This obligation could be extended to owners of buildings who use asbestos, if they are aware third-party employees will use those structures.
Many asbestos manufacturers 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 for its lack of transparency and the fact that it does not cover workers' future compensation.
Congress considered, but did not pass, legislation that would have established a $140 billion trust fund for asbestos as a substitute for litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to pay compensation. The bill was not endorsed by victims' advocates or corporations.
Is Asbestos Banned In The U.S.
Asbestos isn't as widespread in construction materials, and many Americans might have believed the mineral was prohibited. The United States is one the few industrialized countries that do not ban asbestos, despite its proven cancer-causing properties. This is a matter that our lawyers and the rest of the world's anti-asbestos movement continue to work on each day.
The first step toward an end to the ban came in 1989, when the EPA issued a directive prohibiting the production, importation and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the material and purchase it from mining companies.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos has been added to the list that requires an assessment of risk. In 2019, the EPA made a significant step towards an end to asbestos when it announced a rule that strengthened the agency's abilities to prevent asbestos-containing product from returning to the marketplace.
Trade groups are trying to block the EPA from prohibiting asbestos. They claim that the asbestos ban would threaten the country's chlorine supply and argue that there are alternatives in place of asbestos. They have hired experts and consultants to argue their case, and they are turning to legislators who have ties to asbestos companies.
This is a battle our company has been involved in for more than 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the dangerous and deadly substance in the United States. This is an important step toward ensuring that no other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.
How to Tell if you have Asbestos
Asbestos is minerals that naturally occur and are organized into long, thin fibers. They are known for their toughness, flexibility and resistance to fire and chemicals. These qualities made them suitable in a number of industrial products, such as insulation.
Asbestos can be found in many different types of building and household items. Examples include floor tiles made of vinyl, pipe insulation and boilers in commercial and residential buildings, as well as 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 is disturbed, it releases harmful fibres into air. Inhaling these fibers can lead to serious lung diseases, such as asbestosis or mesothelioma. These diseases have a lengthy time of latency, and patients may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people are worried that they might have asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless they are disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material is damaged or you are planning to remodel your home that could cause damage to it, you should consult with an asbestos specialist for a more thorough inspection.
If asbestos is in good condition there is no reason why you should remove it from your home. Consult your doctor if you are worried about your health. They can order various tests to determine if you suffer from symptoms that are related 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 also receive the same protection. If you are employed in a public establishment where you are exposed to asbestos, your employer must provide details on how to contact an asbestos removal contractor. You should also seek out an environmental inspection company to examine your home. They can examine and test your home.
How to Remove Asbestos
Asbestos removal is safe when you take the proper precautions. Because of this, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, they must adhere to federal and state regulations on how the work is done. This involves properly covering and removing all waste from the project. Unsafe handling and disposal of asbestos can put workers and general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is why strict guidelines are in place to prevent this from occurring.
If asbestos is in good shape and will not be disturbed, it may not pose a health threat. However, it is recommended that you have any ACM that could be affected through demolition or renovations examined by an asbestos professional before beginning any work. This will let the professional know whether the material must be sprayed prior to starting any work. They will also ensure that it is treated, packaged and labeled before being transported and disposed of in compliance to the rules of the government.
Anyone who is working with asbestos without a permit is breaking the law, and violators face severe fines. If you suspect that asbestos has been improperly removed from your property, contact your county or state environmental quality department or the Occupational Safety and Health Administration.
During the removal of asbestos, the material must be kept wet at all times to reduce the release of airborne fibers. Spraying the asbestos prior removal with a detergent or water spray will aid in this. After the asbestos has been removed, it must be placed in heavy plastic bags or tarps which are double-wrapped with tape. The material should be clearly marked as asbestos waste and disposed in a leak-proof vehicle.
You can also cover small areas of asbestos that are in good condition using commercial products that can fill holes and seal damages. These products are available at stores that specialize in asbestos-related products and safety equipment. See How to Remove Asbestos for more details on how to cover and dispose of asbestos in a safe manner.
