5 Asbestos Lawyer Lessons From Professionals
Is Asbestos Legal?
Congress has approved several incremental legislation proposals despite the fact asbestos is still prohibited. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be evaluated and reviewed.
Property owners are also accountable for asbestos-related injuries, as are mining companies. The laws vary from state to state, but generally, property owners are obliged to keep their properties safe and inform workers of any possible dangers.
The Law
Asbestos is among the naturally occurring minerals that were once used in the construction industry due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, cancer of the lung and asbestosis. The symptoms may take 15 to 30 years to show up after exposure. Even today, asbestos is found in more than 3,000 items. A qualified inspector should inspect your workplace or home if you suspect that it might contain asbestos. A professional can advise you on what needs to be done if this material is present on your property and collaborate with an abatement contractor if necessary.
You can file a lawsuit against the manufacturer if they make asbestos-containing products. It can be difficult to prove a defendant's fault. In some cases, victims can pursue damages based on a theory 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 was dangerous.
greenville asbestos lawsuit can explain strict liability, negligence, and the different types and advise you if this theory applies to your situation. Employers are also required to offer safe working conditions for their employees and adequate training in safety. This obligation could be extended to building owners who employ asbestos if they are aware that third-party employees will use the structures.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of previous losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't provide workers with future compensation.
Congress was able to consider but did not adopt legislation that would have created an $140 billion trust fund for asbestos in lieu of litigation. The bill would have tapped funds kept 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 building materials, and some Americans might have believed that the mineral was banned. However the United States is one of the few industrialized nations that does not ban asbestos despite the fact that it's known to cause cancer in any quantity. This is a problem that our lawyers and the international anti-asbestos campaign continue to work on each day.
The first step toward an end to the ban came in 1989 when the EPA issued a regulation prohibiting the production, importation and processing of the majority of asbestos-containing products. However, the chemical industry sued and the court reversed most of the ban. Asbestos continues to be utilized in certain manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it to use for other purposes.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos has been added the list of substances that require a risk assessment. The EPA took another major step towards a complete ban in 2019, when it released the final rule, which strengthens the agency's ability to prevent asbestos-containing products from coming back onto the market.
Trade groups are trying to stop the EPA's plan to ban asbestos. They argue that a ban would threaten the nation's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help argue their case and are looking to lawmakers who have ties to the asbestos industry.
Our firm has been fighting this fight for more than 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and harmful substance in the United States. This is an important step towards ensuring 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 Determine if You Are Infected with Asbestos
Asbestos is made up of a collection of minerals that are naturally occurring and are formed into long, fine fibers. These materials are known for their durability, flexibility, and resistance to fire and chemicals. These qualities made them useful in a variety of industrial products like insulation.
Asbestos can be found in many different types of building and household products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are but a few examples. Asbestos can also be found on ceiling tiles, shingles and insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed, it releases harmful fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These diseases may be long-lasting and sufferers may not notice symptoms for 20 to 50 years following exposure.
Many people worry that they might have asbestos in their homes. Most of the time, asbestos in good condition will not release fibres unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you're planning to make changes to your home or disturb it in any way, you should consult an asbestos abatement expert for a thorough examination.
If asbestos is in good shape there is no reason to remove it from your home. If you are concerned about your health, you should consult with a physician. They can order a variety of tests to determine whether you're suffering from symptoms linked to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. Additionally, state laws oblige public employees to have the same protections. If you are employed in a public establishment that is exposed to asbestos, your employer must provide you with information on how to reach an asbestos abatement contractor. Contact an environmental company to evaluate your home. The experts can inspect your home and conduct a detailed visual examination.
How to Get Asbestos Out
Asbestos is safe to remove provided the proper precautions are taken. Asbestos removal should only be performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, he or she must comply with all state and federal regulations. This involves properly covering and removing all waste from the project. Unsafe handling and disposal of asbestos could expose workers and the public to asbestos-related diseases like lung cancer and mesothelioma. This is why strict guidelines are in place to prevent this from happening.
If asbestos is in good shape and will not be affected, it will not cause health risks. It is recommended to have any ACM which will be disturbed during renovation or demolition inspected prior to begin the work. This will enable the professional to determine whether the material should be abated before starting any work. They will also ensure that it is handled, packaged in a way that is labeled, transported and disposed of in compliance with regulations set by the government.
It is illegal to work with asbestos without a permit and those who break the rules are subject to severe fines. If you suspect that an improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.
To limit the release of fibers into the air, it is crucial to keep the material damp during the removal process. Spraying the material prior to removal with a detergent or water spray will aid in this. Once the asbestos has been removed, it has to be placed into thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.
You can also protect small areas of asbestos that are in good condition by using commercial products that fill holes and seal damage. These products are available in stores that specialize on asbestos materials and safety equipment. See How to Get Asbestos Out for more information about how to cover and dispose asbestos in a safe manner.