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8 Tips To Enhance Your Asbestos Lawyer Game
Is Asbestos Legal?

Although asbestos is still banned, several incremental legislative proposals have churned through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's list of priority chemicals to be evaluated for risk and review.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws differ from state to state however, generally, property owners are required to keep their buildings secure and warn employees of any risks that might be present.

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 and insulate properties. Inhaling asbestos fibers, however they can trigger serious health issues, such as lung cancer, asbestosis, and mesothelioma. Following exposure, symptoms can appear 15-30 years later. Even in the present, asbestos is present in over 3,000 different products. If you are concerned that your workplace or house may contain asbestos, a licensed inspector should examine the area. A professional can tell you what you should do should asbestos be present in your workplace or home and work with a contractor should it be necessary.

It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims could be able to claim damages under the theory of strict liability. This type of claim does not require the four elements of negligence to be proven, but instead relies on the fact that the product was a risk in itself.

An asbestos lawyer can explain the different types of negligence and strict liability and can advise on whether this theory applies to your case. The law also requires employers to provide safe working conditions as well as adequate safety education to employees. This obligation may extend to owners of structures where asbestos is used in the event that it is established that the building will be utilized by third party employees.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that comply with this procedure are required to fund "bankruptcy funds" which pay injured victims pennies on the dollars of their previous losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't pay future workers' compensation.

In an effort to protect the public, Congress has considered but was unable to pass legislation that would establish a $140 billion asbestos trust fund to compensate victims of litigation. The legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in construction materials, and many Americans might have believed the mineral was not allowed. However the United States is one of the few industrialized nations that does not ban asbestos despite the fact that asbestos is known to cause cancer in any quantity. This is a matter that our lawyers and the rest of the international anti-asbestos movement continue to fight every day.

The first step toward an end to the ban came in 1989 when the EPA issued a rule prohibiting the importation, manufacturing and processing of most 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 changed the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require an assessment of risk. In the year 2019, EPA took a major step towards the ban when it issued an ordinance that strengthened the agency's ability to stop asbestos-containing products from coming back to the market.

Trade groups are trying to block the EPA from banning asbestos. They argue that a ban will affect the chlorine supply in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help to make their case and are now looking to lawmakers who are connected to asbestos-related industries.

This is a battle our firm has been involved in for over 15 years. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA has banned this hazardous and deadly substance in the United States. This is a crucial step to ensure that no other Americans will suffer the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is made up of an assortment of minerals that occur naturally and are organized into long, thin fibers. These minerals are regarded as being strong, flexible and resistant to chemicals and fire. These qualities made them suitable in a number 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 just a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for pipes, furnaces, and other building materials commonly used.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases like asbestosis or mesothelioma. 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 that they might have asbestos in their homes. Asbestos in good shape will not release fibers until it is disturbed. Homeowners should inspect the material for tears, abrasions or water damage. If wyoming asbestos lawyer appears to be slightly damaged or if you intend to renovate your home and alter it in any way, you should seek out an asbestos abatement professional for a further inspection.

If asbestos is in good condition there is no need to remove it. If you are concerned about your health, consult a physician. They can perform various tests to determine if there are symptoms relating to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. Additionally, state laws require public employees to be provided with the same protections. If you work in a public place where you are exposed asbestos, your employer must provide details on how to contact an asbestos removal contractor. Contact an environmental inspection firm to examine your home. They will examine and test your home.

How to Remove Asbestos


Asbestos removal is safe provided you take the appropriate precautions. For this reason, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must abide by state and federal regulations regarding the manner in which they do it. This includes covering up all waste generated by the project and disposing it. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. To avoid this strict guidelines have been enacted.

If asbestos is in good condition and has not been disturbed, it should not pose a health threat. However, it is highly recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before beginning the work. This will allow the professional to determine whether the material must be abated before starting any work and will also ensure that it is treated, packaged and labeled before being transported and disposed of in accordance with the regulations of the government.

It is illegal to work with asbestos without a permit anyone who is in violation of these rules face large fines. If you suspect that an improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.

To prevent the release of fibers into air, it is crucial to keep the material damp during the removal process. Spraying the asbestos prior to removing it with a water/detergent spray can aid in this. Once the asbestos is removed, it is placed in heavy plastic bags or tarps that are double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste and removed in a leak-proof vehicle.

Alternately small areas of asbestos in good condition can be covered with commercial products that are designed to fill holes and seal damage. These are products can be found in stores that specialize on asbestos-related products and safety equipment. See How to Remove Asbestos for more details on how to cover and dispose of asbestos safely.