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15 Inspiring Facts About Asbestos Lawyer That You've Never Heard Of
Is Asbestos Legal?

Although asbestos is still banned several incremental legislative proposals have been tossed around Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority chemicals for review and risk assessment.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. lakewood asbestos attorneys vary from state to state however, generally property owners must keep their premises safe and inform employees of potential dangers.

The Law

Asbestos is a variety of naturally occurring minerals. It was once used in construction because it was fireproof, chemical corrosion-resistant and insulates. Inhaling asbestos fibers, however they can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms could develop 15-30 years after. Even today, asbestos is still found in more than 3,000 products. If you are concerned that your workplace or house may contain asbestos, a certified inspector should be able to inspect the area. A professional can help you determine what should be done should asbestos be found in your home and will collaborate with an abatement contractor in the event of a need.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence may be a challenge. In some cases, victims might be able seek damages on the basis of strict liability. This type of claim removes the requirement of proving the four elements of negligence, and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can explain the different kinds of strict liability and negligence and will advise you on whether this theory is applicable to your situation. The law also requires that employers provide secure working conditions and safety training for their employees. This requirement can also apply to owners of buildings where asbestos is used when it is determined that the building will be utilized by third party employees.


Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that make this decision are required to create "bankruptcy funds" which pay injured victim's pennies for their past losses. This system is criticised for the lack of transparency and because it doesn't cover future compensation.

Congress considered, but did not pass legislation that would have created an $140 billion trust fund for asbestos in lieu of litigation. This bill would have tapped funds reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. The bill was not endorsed by victim advocates or corporations.

Is Asbestos Banned In The U.S.

Asbestos is not as prevalent in building materials, and some Americans might have assumed that asbestos was banned. The United States is one the few industrialized countries which do not have a ban on asbestos despite its well-known cancer-causing properties. Our lawyers and of the world's anti-asbestos campaign continue to work every day on this issue.

The first step toward a ban came in 1989, when the EPA issued a rule banning the production, importation, and processing of all asbestos-containing products. Chemical industry filed a lawsuit, and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more power to regulate dangerous chemicals. Asbestos has been added to the list of substances that require a risk assessment. In the year 2019, the EPA took a major step towards a ban when it released an ordinance that strengthened the agency's ability to stop asbestos-containing products from coming back to the market.

Trade groups are attempting to prevent the EPA from prohibiting asbestos. They argue that the asbestos ban would threaten the country's chlorine supply and argue that there are safer options than asbestos. They have hired experts and consultants to aid them in making their case. They're also looking on lawmakers who have connections to asbestos.

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

How to Know if You Are Infected with Asbestos

Asbestos is made up of a grouping of minerals that are naturally occurring and are formed into long, fine fibres. These minerals are regarded as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a range of industrial products including insulation.

Asbestos can be found in many different types of household and building products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles, shingles, insulation for pipes, furnaces, and other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. When inhaled, these tiny fibers can get into the lungs and cause severe lung diseases, such as mesothelioma and asbestosis. These diseases may be extremely latency-prone, and victims may not notice symptoms for a period of 20 to 50 years following exposure.

Many people are concerned that they might have asbestos in their homes. Most of the time asbestos in good condition will not release fibers unless disturbed. Homeowners should inspect the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a remodel that could disturb it, you should check an asbestos abatement expert to conduct an additional inspection.

If asbestos is in good health, there is no need to eliminate it. See your doctor if are concerned about your health. They can conduct a variety of tests to determine whether you're experiencing symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. In addition the laws of the state oblige public employees to have the same protections. If you are employed in an asbestos-containing facility, your employer must provide you with details on how to contact a contractor who can remove asbestos. You should also contact an environmental inspection company to evaluate your home. They will test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos removal is safe provided you take the proper precautions. Asbestos removal is best done by experts who are certified and trained in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, they must comply with all state and federal regulations. This includes covering up every waste product generated by the project and disposing it. Incorrectly handling and disposing of asbestos can expose workers and others to asbestos-related diseases, like lung cancer, and mesothelioma. To stop this from happening strict rules have been put in place.

If asbestos is in good shape and has not been affected, it will not cause health risks. However, it is highly recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos expert prior to starting the work. This will allow a professional to determine whether the material requires removal prior to commencing any work. It will also make sure that it is handled, packed, labeled and transported according to the government regulations.

It is unlawful for anyone to work with asbestos without a permit anyone who is in violation of the rules are subject to severe fines. If you suspect that improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

When removing asbestos, the substance must be kept moist throughout the process to prevent the release of airborne fibers. This can be accomplished by spraying the material with a water/detergent mist before taking it off. Once the asbestos has been removed, it must be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste and then disposed in a leak-proof vehicle.

Alternately, small areas of asbestos that are in good condition can be coated with commercial products designed to fill holes and seal damage. These are products can be found in stores that specialize in asbestos materials and safety equipment. For more details on how to properly remove asbestos read How to Remove Asbestos.

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