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What Is The Best Place To Research Asbestos Lawyer Online
Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have churned through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the The EPA's list of chemicals that are most important for review and risk assessment.

In addition to mining companies, property owners could also face liability for asbestos-related injuries. The laws vary from state to state however, in general, property owners must ensure that their buildings safe and notify workers of the potential hazards.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however they can trigger serious health issues, including asbestosis, lung cancer and mesothelioma. The symptoms may take 15 to 30 years to manifest after exposure. Even today, asbestos is still present in over 3,000 different products. If you think your workplace or home might contain asbestos, a certified inspector should be able to inspect the area. A professional can determine what to do if asbestos is present in your workplace or home and can work with a contractor when needed.

It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. It isn't always easy to prove the defendant's guilt. In certain cases, victims can seek damages under a theory of strict liability. This type of claim eliminates any need to prove four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types of liability and help you if this theory applies in your case. The law also requires that employers provide safe working conditions as well as adequate safety education to employees. This obligation can extend to the owners of structures where asbestos is used in the event that it is established that the buildings will be used by employees of a third party.


Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't pay future workers' compensation.

Congress was able to consider but did not adopt, legislation that would have created a $140 billion trust fund for asbestos in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to pay compensation. redwood city asbestos lawyer was not supported by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Asbestos isn't as widespread in building materials, and many Americans might have assumed that the mineral was banned. However it's true that the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact that asbestos is known to cause cancer in any amount. Our lawyers and the world's anti-asbestos activists continue to fight every day on this issue.

In 1989, the EPA published a rule that banned the importation, manufacture, and processing of asbestos-containing products. However chemical companies sued and the court reversed most of the ban. Asbestos remains employed in a few manufacturing processes, and it's legal for companies to purchase the product from mining operations and then import it for other purposes.

In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In the year 2019, the EPA made a significant step towards the ban when it issued an act that strengthened the agency's abilities to prevent asbestos-containing products from resurfacing on the marketplace.

Trade groups are trying to prevent the EPA from bans on asbestos. These groups claim a ban on asbestos would affect the supply of chlorine in the country and argue that there are alternatives to asbestos. They have hired experts and consultants to help make their case and are now turning to lawmakers who have ties to asbestos-related industries.

This is a battle our firm has been involved in for more than 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and dangerous substance in the United States. This is a major step to ensure that there are no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to tell if you Are Infected with Asbestos

Asbestos is minerals that naturally occur and are arranged into long, thin fibres. These materials are well-known for their flexibility, strength and resistance to fire and chemicals. These qualities made them useful in a range of industrial products, including insulation.

Because asbestos is extremely versatile, it's utilized in a range of buildings and household products. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are some examples. Asbestos can also be found in ceiling tiles, shingles and 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 fibers into the atmosphere. Inhaling asbestos fibers can result in serious lung conditions like asbestosis or mesothelioma. These diseases may be extremely latency-prone and patients might not experience symptoms for 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. Asbestos in good shape will not release fibers until it is agitated. Homeowners should inspect the material for tears, abrasions or water damage. If the material appears slightly damaged or if you're planning 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 to remove it. If you are concerned about your health, consult a doctor. They can perform various tests to determine whether you suffer from symptoms that are related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. In addition states' laws require public employees to receive the same protections. If you work in a public place where you are exposed to asbestos, your employer should provide you with information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to evaluate your home. The experts can inspect your home and conduct a detailed visual examination.

How to Get Asbestos Out

Asbestos can be safely removed, provided that the appropriate precautions are taken. Because of this, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If homeowners decide to remove asbestos from their home, they must follow all state and federal regulations. This includes properly covering all waste generated by the project, and then disposing of it. Unsafe handling and disposal of asbestos could expose people and workers to asbestos-related diseases, including lung cancer and mesothelioma. This is why strict rules are in place to prevent this from happening.

If asbestos is in good condition and is not damaged, it is unlikely to be a health risk. However, it is recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos professional before beginning the work. This will let the professional know if the material needs to be abated before starting any work and will also ensure that it is treated, packaged in a way that is labeled, transported and disposed of in compliance to the rules of the government.

Anyone who is working with asbestos without a permit violates the law. Those who break it face severe fines. If you suspect that improper abatement is taking place on your property, contact 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 essential to keep the material hydrated throughout the removal process. Spraying the material before taking it off with a water/detergent spray can aid in this. After the asbestos is removed, it must be placed in heavy plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition with commercial items that fill in holes and seal any damage. These are sold at stores which specialize in asbestos materials and safety items. For more information on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.

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