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What Do You Do To Know If You're In The Right Place To Go After Asbestos Lawyer
Is Asbestos Legal?

Congress has passed several incremental legislation plans despite the fact that asbestos is still banned. One of these proposed legislations, 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.

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws differ from state to state but generally, property owners are required to keep their buildings secure and inform workers of any potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers it can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 different products. If you suspect your workplace or home may contain asbestos, a licensed inspector should examine the area. A professional can help you determine what should be done when asbestos is found in your home and will collaborate with an abatement company should it be necessary.

It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence can be difficult. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be established, but instead rely on the fact that a product was inherently dangerous.

An asbestos lawyer can explain the strict liability, negligence and the different types of liability and help you on the possibility of applying this theory in your case. The law also requires employers to provide secure working conditions and safety training for employees. This obligation may extend to the owners of buildings where asbestos is used when it is believed that those buildings will be used by employees of a third party.


Many asbestos manufacturers escaped liability through bankruptcy protection. Companies who use this method are required to pay "bankruptcy funds" which pay injured victims pennies on their losses in the past. This system has been criticized due to its lack of transparency as well as the fact that it does not cover workers' future compensation.

Congress considered but could not approve, legislation that would have established the $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have tapped funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. It was not supported by corporations or victim advocates.

Is Asbestos Banned In The U.S.

Asbestos isn't as widespread in building materials, and some Americans might have believed asbestos was banned. The United States is one the few industrialized countries that do not prohibit asbestos despite its cancer-causing properties. This is an issue our lawyers and the rest of the international anti-asbestos campaign continue to fight every day.

The first step towards the ban was in 1989, when the EPA issued a regulation prohibiting the importation, manufacturing and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the material and buy it from mining companies.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. In 2019, the EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's capacity to stop asbestos-containing product from returning to the market.

However, trade organizations are once again trying to stop the EPA's attempt to prohibit asbestos. These groups argue that a ban would threaten the chlorine supply in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help present their arguments and are now looking to lawmakers who have ties to asbestos-related industries.

This is a war that 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 eliminates the deadly and dangerous substance in the United States. This is an important step to ensure that nobody else Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to tell if you Have Asbestos

Asbestos is one of the naturally occurring minerals that are arranged in thin, long fibers. They are known for their durability, flexibility, and resistance to chemical and fire. These properties make them useful in a variety of industrial products, like insulation.

Because asbestos is so versatile, it's used in a wide range of household and building items. Examples include vinyl floor tiles as well as insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also present in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as mesothelioma or asbestosis. These illnesses can have a long latency time and patients may not show symptoms for 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. Asbestos in good shape is not likely to release fibers until it is disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears slightly damaged or if you intend to renovate your home and alter it in any way, you should seek out an asbestos abatement professional to conduct a more thorough inspection.

If asbestos is in good shape there is no reason to remove it from your home. Consult your physician if you are concerned about your health. They can order a variety of tests to determine whether you're suffering from symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you are employed in a public establishment where you are exposed asbestos, your employer should provide details on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to examine your home. The experts can test and visually inspect your home.

How to Remove Asbestos

Asbestos removal is safe provided you take the proper precautions. waco asbestos lawsuit is best done by professionals who are trained and licensed in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, they must comply with all state and federal regulations. This includes properly covering every waste product generated by the project, and then disposing of it. Unsafe handling and disposal of asbestos could expose workers and the public to asbestos-related diseases, such as lung cancer and mesothelioma. This is why strict guidelines are in place to prevent this from occurring.

If asbestos is in good shape and is not affected, it will not cause health risks. It is recommended to have any ACM that will be disturbed during renovations or demolition inspected prior to begin your work. This will enable the professional to determine whether the material requires to be abated before starting any work. It will also ensure that it is handled, packed and labeled before being transported and disposed of according with the regulations of the government.

It is illegal to work on asbestos without a valid license, and those who violate the rules are subject to severe fines. If you suspect that asbestos has not been properly 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 should be kept moist throughout the process to prevent the release of airborne fibers. This can be accomplished by spraying the asbestos with a mist of detergent and water prior to removing it. After the asbestos is removed, it is placed in large plastic bags or tarps which are double-wrapped and sealed with tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof vehicle.

Alternately, small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal any damage. These products are sold in stores that specialize on asbestos materials and safety equipment. Find out How to Remove Asbestos for more information on how to dispose and cover asbestos properly.

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