Virginia Asbestos Regulations – Deadlines, Liability, & Lawsuits

For many years in the United States, asbestos was a commonly used construction material due to its fireproofing and insulating capabilities. However, once asbestos was found to cause mesothelioma, asbestos use reduced dramatically, and many states implemented regulations to curb this severe health risk. In Virginia, asbestos regulations apply to many types of work, and it is vital to understand what these regulations entail.

Understanding Virginia Asbestos Regulations

The Occupational Safety and Health Administration (OSHA) enforces strict regulations pertaining to asbestos in the United States. Employers must follow these regulations carefully when it comes to permissible exposure levels, work practice controls, air quality testing, and training programs for workers.

Each state has also implemented asbestos regulations, and employers throughout Virginia must always comply with these regulations:

• Any project that involves a building that contains asbestos requires certification that the asbestos-containing materials can be handled correctly. Only certified contractors are allowed to perform abatement, removal, disposal, or encapsulation of asbestos-containing materials.
• The Virginia Department of Labor and Industry requires a written notice no later than 20 days in advance if any work is to be done on a building that contains any more than 10 linear feet or 20 square feet of asbestos-containing materials.
• If a project begins and asbestos is discovered, work should stop immediately until a thorough inspection can be carried out. There should be no attempt to remove or disturb any such materials. A licensed asbestos abatement contractor will determine what steps must be taken before work can continue.
• If any work is to be performed that involves the removal or potential disturbance of asbestos-containing materials, the employer must submit an application to the Virginia Department of Housing and Community Development under the Virginia Uniform Statewide Building Code. Notification must also be sent to the US Environmental Protection Agency and the Virginia Department of Labor and Industry.
• Inspections are required for any type of demolition or renovation work in Virginia, regardless of a building’s age. The inspector must carefully look for signs of suspect asbestos-containing materials. The inspector will need to determine if any materials found should be removed or if encapsulation is sufficient. This process prevents asbestos fibers from being shed and released into the air.

These are just a few examples of the Virginia asbestos regulations that must be followed throughout the state. Construction is one of the highest-risk industries for asbestos exposure, so if you work in construction and believe an employer has failed to adhere to Virginia asbestos regulations, it is important to consult an asbestos exposure lawyer at your first opportunity.

What You Can Do About Mesothelioma Diagnosis

There are about 3,000 new cases of mesothelioma diagnosed throughout the United States each year, and each year, about 2,500 people die from mesothelioma. The disease has a very long latency period, often taking decades for noticeable symptoms to appear. Unfortunately, once mesothelioma has caused noticeable symptoms, it will have reached a critical stage, and life expectancy is very low even with treatment.

If you believe you have developed mesothelioma because another party has failed to follow Virginia asbestos regulations, it is crucial to speak with an experienced Virginia mesothelioma lawyer as quickly as possible. You have a limited time to file your case, and it can take time to review the necessary records to determine the most likely cause of your condition. Wallace & Graham can help with your case, so reach out to our team at your first opportunity.

FAQs

Q: What Is the Rule for Demolition in Virginia Pertaining to Asbestos?

A: The rule for demolition in Virginia pertaining to asbestos is that if the building’s initial permit was issued prior to January 1, 1985, the Virginia Department of Housing and Community Development must receive a certification that the building has been inspected for the presence of asbestos. The certification must either state that no asbestos was found or that proper steps will be taken to minimize the risk of health hazards from asbestos exposure.

Q: How Much Asbestos Exposure Causes Mesothelioma?

A: Any amount of asbestos exposure can potentially cause mesothelioma. It is possible for a single exposure to cause mesothelioma, and it is also possible for someone to be exposed and never develop the disease. Once asbestos particles enter the body, it can take years or even decades for symptoms of mesothelioma to appear, and once it has reached this critical stage, it will progress relatively quickly.

Q: Is Mesothelioma Curable?

A: No, mesothelioma is an incurable cancer. Treatment can only help manage symptoms and maintain quality of life, but life expectancy with treatment is only 18 to 31 months. The five-year survival rate for pleural mesothelioma is only 12%, and the five-year survival rate for peritoneal mesothelioma is 65%. About 65% of people diagnosed with mesothelioma who receive chemotherapy survive for three or more years.

Q: Does Virginia Require Asbestos to Be Removed Once Discovered?

A: Virginia asbestos regulations require asbestos to be removed once discovered if it is damaged and poses a health risk or if it cannot be encapsulated. Encapsulation is a process of sealing asbestos-containing materials so they cannot shed fibers into the air. Removal is only allowed to be performed by certified contractors, and Virginia enforces strict rules for the removal, transport, and disposal of asbestos-containing materials.

Q: Should I Hire a Lawyer After a Mesothelioma Diagnosis?

A: It’s a good idea to hire a lawyer after a mesothelioma diagnosis. Your attorney can help you determine the most likely cause of your condition and identify the party or parties responsible. You may have grounds to file a toxic exposure lawsuit, but success with your case will require careful review of extensive records and documentation. Having experienced legal counsel on your side can dramatically improve your chances of success.

The attorneys at Wallace & Graham have years of experience handling a wide range of complex cases, and we are confident we can provide the compassionate legal counsel you need for your mesothelioma case in Virginia. If you believe another party has violated Virginia asbestos regulations, or if you are unsure of your legal options following your diagnosis, we can help. Contact us today to schedule a free consultation with our team.