ASBESTOS LEGAL RISKS

Avoiding the legal risks inherent in asbestos removal projects

Working with New York asbestos construction materials can be a minefield of liabilities and risks, legally and medically. To avoid asbestos removal dangers during demolition or renovation projects, it is smart to review potential legal risks carefully with an attorney who is familiar with federal and state asbestos laws.

When workers unfamiliar with asbestos material mitigation law perform a project, mistakes can be made that can lead to a host of health and environmental regrets, and those mistakes can carry serious legal ramifications in court.

The legal risks of asbestos removal

August 10, 2010 – To avoid legal risks associated with the removal of asbestos materials, get acquainted with federal and state asbestos regulations.

Federal asbestos laws require notifying the U.S. Environmental Protection Agency (EPA) 10 days in advance of any project involving more than 160 square feet or 260 linear feet of asbestos-containing materials. There are also strict notification regulations that fall under the Asbestos Hazard Emergency Response Act (AHERA) passed in 1984, which apply to public buildings and schools.

Local laws governing asbestos waste disposal in New York, and other states, require the involvement of a licensed asbestos abatement contractor. By law, a licensed contractor will notify workers about the risks they face on the job and the precautions their employers have taken to protect them. A licensed contractor will also take care of all legal notifications.

Federal and state regulations

To begin understanding local requirements, contact the municipal health or building department in your area and the state affiliates of the EPA. A state university's Web site is also a good place to look for information on local requirements, so you avoid any potential legal risks.

These authorities will want to know whether you're performing the project yourself or hiring professionals, how much work is there to do, what asbestos-containing or suspicious material is present, the removal process, and how and where you will be disposing the debris.

Weitz & Luxenberg – Asbestos-injury law firm

If you were employed in the construction industry 25 years ago, before AHERA went into effect, you can still be diagnosed with an asbestos-related disease, like asbestosis or mesothelioma. If that happens, you have the legal right to seek financial compensation by filing a mesothelioma cancer claim.

Weitz & Luxenberg has successfully represented thousands of asbestos-injured workers against employers that failed to provide safety equipment and product manufacturers who neglected to warn consumers of the health hazards associated with their products.

For a free case review, please contact Weitz & Luxenberg through the communication form at left. The firm has long been recognized for obtaining record-setting verdicts and settlements in asbestos-injury cases.