If you believe you have been exposed to asbestos, you may have options for compensation. Asbestos law experts can help you with your case by collecting evidence and investigating your background and work history. They may also find the manufacturers of asbestos-containing products. Asbestos law experts may recommend multiple compensation options based on your situation. They can guide you through the process so you can make an informed decision about the next step. Read on to learn more about the different options available to you.
Congress recently passed a new version of the TSCA asbestos law, granting the Environmental Protection Agency (EPA) the authority to ban all uses of the mineral, which is responsible for the occurrence of over 107,000 deaths annually. The new TSCA also gives the EPA the authority to make asbestos illegal, but critics are unsure whether this will happen anytime soon. It is important to note, however, that the TSCA asbestos law is still under review and may change as the chemical industry lobbys for its removal.
If you’re unsure whether your property contains asbestos, it’s important to understand the NESHAP and the applicable laws. Both laws aim to protect public health. NESHAP applies to all facilities that contain asbestos, including public, industrial, and institutional buildings. It does not apply to homes with fewer than four units, ships, and active or inactive waste disposal sites. In some cases, residential buildings that include lofts are not subject to asbestos law.
Asbestos is an environmental hazard, and the EPA has the authority to protect the public from its hazards. The EPA has issued a Final Rule that imposes restrictions on the use of asbestos. The rule requires notification to the EPA of any activity that could involve asbestos, and it is possible to have an asbestos containing product banned. Under the EPA and asbestos law, it is illegal to knowingly or recklessly use asbestos.
Premises liability laws
The two-pronged defense of premises liability and asbestos law protects landowners, operators, and other property owners against claims of negligence. While the landowner, operator, or owner has a duty to protect workers from asbestos exposure, this duty is far-reaching. It extends to any secondary exposure to asbestos, including exposure through a worker’s clothes. It also applies to any family members exposed to asbestos while working on the property.
EPA Trigger Litigation
The EPA’s upcoming determination to evaluate the risks of exposure to legacy asbestos is likely to trigger an asbestos law lawsuit. The agency has stated its commitment to publishing a final rule on the subject by 2020, but has not yet announced the date of the final determination. While the EPA has no immediate plans to release the final rule, this determination will likely impact asbestos litigation for many years to come. Asbestos litigation attorneys are hopeful that the new administration will work with the plaintiffs’ lawyers.
The EPA amended the NESHAP asbestos law in 1990, making certain that residential structures are not exempt from compliance. This applies when a residential structure is demolished as part of a public or commercial project. Examples of such projects include urban renewal, highway projects, and shopping malls. Moreover, residential demolitions may occur as a result of private development. Therefore, the EPA provides guidance on the proper disposal of asbestos-containing waste.