Asbestos Regulations
Although the versatility of asbestos has led to its use in a number of products and processes, evidence of its toxicity has led both the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) to issue a number of safety mesothelioma guidelines and asbestos regulations to protect the public.
However, these asbestos regulations are only effective when or if they are properly followed. Because some employers and manufacturers refuse to adhere to asbestos regulations, either to cut corners or due to blatant negligence, many more people are expected to develop asbestos-related conditions in the coming years. Consequently, the number of asbestos lawsuits is also expected to spike, as more and more people are diagnosed with mesothelioma cancer and other asbestos diseases.
EPA Asbestos Regulations
Among its various asbestos regulations in recent decades, the EPA's Toxic Substances Control Act (TSCA) is one of the most notable. While the initial act was passed in 1976 and primarily focused on PCB (polychlorinated biphenyl) products, in 1986, Congress added a second subchapter to the TSCA, entitled "Asbestos Hazard Emergency Response."
Through this amendment to the TSCA, Congress empowered the EPA to enact asbestos regulations for schools, as well as to require that asbestos inspectors are adequately accredited.
By 1989, the negative health effects of asbestos were widely known, and the EPA took measures to significantly limit the use of asbestos through its "Materials Ban." This 1989 EPA asbestos regulation forbid the use of asbestos in a number of products.
Although the Fifth Circuit Court of Appeals overturned this asbestos ban in 1991, paper, flooring felt and rollboards remained banned from using asbestos. Also still in effect was the ban on "new uses" of asbestos, meaning that anything that hasn't typically been produced with asbestos could not start being produced with this toxic mineral.
Since 1991, the EPA has issued a series of other asbestos regulations regarding the manufacturing, distribution and marketing of asbestos products.
What is Asbestos?
Asbestos is a fibrous mineral that is naturally able to hold up against:- harsh chemicals
- high heat
- intense electrical currents
- significant friction
This durability led to its use in construction materials, fireproof gear and various, widely used textiles and applications.
OSHA Asbestos Regulations
Currently, 24 U.S. states, along with Puerto Rico and the Virgin Islands, have OSHA-approved (and OSHA-monitored) state plans for job safety programs. These programs require that states:
- set job safety regulations that are "at least as effective as" federal regulations regarding workplace health and safety
- regularly inspect occupational environments to ensure compliance with job safety regulations
- offer training and education to employers and employees regarding workplace health issues, including asbestos exposure
- help employers evaluate and fix known (or potential) hazards
Because over half of the states in the U.S. have their own health programs, OSHA has also issued various acts to protect workers at risk for asbestos exposure and related diseases. Among the notable acts is the OSH Act, particularly Section 5 entitled the "General Duty Clause."
According to the General Duty Clause, employers are legally (and ethically) obligated to provide their employees with a safe working environment that is free from known hazards, such as asbestos.
Asbestos Cancer Statistics
- Each year, about 10,000 Americans die from an asbestos cancer condition.
- One in every 125 men over 50 dies from an asbestos cancer condition.
- Since 1979, over 230,000 Americans have died from an asbestos disease.
- The three U.S. cities that have the highest asbestos cancer deaths each year are Los Angeles (California), Cook County (Illinois) and Philadelphia (Pennsylvania).
Asbestos Lawsuits
Given the fact that both the EPA and OSHA have issued a number of asbestos regulations, many employers have taken measures to reduce workplace asbestos exposure, thereby saving thousands of lives. Sadly, however, some people will continue developing asbestos diseases, as asbestos regulations aren't fully or properly adhered to.
In these cases, it's essential for those diagnosed with an asbestos-related condition to seek immediate mesothelioma treatment and legal counsel. While medical care can help stop the progression of potentially fatal asbestos diseases, securing the services of an asbestos attorney can help patients win compensation for employer negligence regarding asbestos regulations.
The effects of asbestos exposure have proven deadly for hundreds of thousands of Americans. If you have been diagnosed with an asbestos disease, talk to an asbestos attorney today to start your case and get the money you need to rebuild your life.



