Why Asbestos Lawyer Is The Right Choice For You? Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have churned through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.

Property owners are also liable for asbestos-related injuries, in addition to mining companies. Laws vary by state but generally, property owners are required to keep their structures safe and inform workers of the potential hazards.

The Law


Asbestos is one of the naturally occurring minerals that were once used in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, lung cancer, and asbestosis. Following exposure, symptoms can develop 15-30 years after. Even in the present, asbestos can be found in more than 3,000 products. If you are concerned that your home or workplace may contain asbestos, an experienced inspector should be able to inspect the area. A professional can advise you on what steps to take when asbestos is found within your home or workplace and will work with a contractor should it be necessary.

You can file a lawsuit against the manufacturer if they produce asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In some instances, the victims can seek compensation under a doctrine 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 dangerous in its own right.

An asbestos lawyer can provide information on the different kinds of negligence and strict liability and will advise you on whether this theory is applicable to your particular situation. Employers are also required to provide safe working conditions to their employees and provide adequate training in safety. This obligation can be extended to property owners who use asbestos if they know that third-party employees will use the buildings.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. The companies that do this must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.

Congress was able to consider, but did not pass legislation that would have created an $140 billion trust fund for asbestos as a substitute for litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to provide compensation. It was not supported by victim advocates or corporations.

Is Asbestos Banned In The U.S.

Asbestos is no longer ubiquitous in construction materials, and a lot of Americans might have believed the mineral was prohibited. The United States is one the few industrialized nations which do not have a ban on asbestos despite its well-known cancer-causing properties. This is a matter that our lawyers and the world's anti-asbestos community 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 most asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the material and buy it from mining operations.

In 2016 Congress updated the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took another step toward a ban in 2019, when it released the final rule, which strengthens the agency's ability to prevent asbestos-containing items from returning to the market.

However, trade organizations are once again trying to stop the EPA's efforts to ban asbestos. They argue that a ban on asbestos would be a threat to the supply of chlorine in the United States and argue that there are better alternatives than asbestos. clovis asbestos law firm have hired consultants and experts to assist them in making their case. They are also turning to legislators with ties to asbestos.

Our company has been fighting this battle for more than 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the deadly and hazardous substance in the United States. This is an important step towards ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is an assortment of naturally occurring minerals that are placed in thin, long fibers. These minerals are regarded as being strong, flexible and resistant to fire and chemicals. These properties make them useful in a number of industrial products, including insulation.

Asbestos is a component in many different types of household and building items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are but a few examples. Asbestos is also found in shingles, ceiling tiles, insulation for furnaces and pipes in schools, and numerous 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 asbestosis and mesothelioma. These diseases have a lengthy period of time before they manifest, and the victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are worried that they may have asbestos in their homes. Asbestos in good condition is not likely to release fibers until it is agitated. Examine the material for water damage, abrasions, or tears. If the material appears slightly damaged or if you are planning to make changes to your home or alter it in any way, consult an asbestos abatement specialist to conduct a more thorough inspection.

If asbestos is in good condition there is no reason why you should remove it from your home. Consult your doctor if you are concerned about your health. They can perform a variety of tests to determine whether you're suffering from symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. Additionally, state laws require public employees to receive the same protections. If you work in a public facility where you are exposed asbestos, your employer must provide information on how to contact an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. They can conduct a test on your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos can be safely removed provided that the appropriate precautions are followed. Because of this, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos materials from their home, they must follow federal and state regulations on the manner in which they do it. This involves properly covering and removing all waste generated by the project. Improperly handling and disposing of asbestos could expose workers and the public to asbestos-related diseases, like lung cancer, and mesothelioma. To prevent this strict rules have been put in place.

Asbestos in good health that is not disturbed could not pose any health risk. It is however recommended that you have any ACM that is likely to be affected by renovation or demolition inspected by an asbestos expert prior to beginning the work. This will allow an expert to determine whether the material requires removal prior commencing any work. It will also ensure it is handled, packed, labeled and transported in compliance with the government regulations.

It is illegal to work on asbestos without a valid license, and those who violate these regulations face severe penalties. If you suspect that asbestos has been improperly removed from your property, call your county or state environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it's important to keep the material moist throughout the removal process. This can be achieved by spraying the material with a detergent or water mist prior to taking it off. Once the asbestos is removed, it is placed in thick plastic bags or tarps that have been double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste and removed in an enclosed vehicle that is leak-proof.

In addition small areas of asbestos that are in good condition can be coated with commercial products designed to repair holes and seal damages. These are available at shops that specialize in asbestos products and safety products. Check out How to Remove Asbestos for more information about how to cover and dispose of asbestos in a safe manner.