Researchers first connected asbestos to diseases in the early 1900’s, with Asbestosis being one of the earliest detected.

In the 1970s, stricter regulations finally began making their way to workplaces in the United States starting with the Clean Air Act, which allowed the Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards to protect public health and regulate emissions of asbestos. In 1975, OSHA officially declared asbestos a carcinogen and proposed lowering the safe-exposure threshold.

Despite many efforts from those such as OSHA and the EPA, there was little success in the 1970s fully regulating asbestos. Corporate lobbyists, industry, and political pressure made nationwide change difficult.

However, smaller efforts to enact positive change still worked to move the needle. The EPA was able to ban specific products containing asbestos during this time period and enforce stricter regulations. For example, the EPA was able to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures through The Toxic Substances Control Act of 1976 (TSCA). The TSCA addresses the production, importation, use, and disposal of specific chemicals including asbestos, radon, and lead-based paint.

Recently, the EPA proposed a rule to ban the use of chrysotile asbestos in 2022, which is considered to be responsible for causing the majority of mesothelioma cases in the U.S.

In March 2024, the EPA issued a final rule under the TSCA that prohibits the ongoing use of chrysotile asbestos, which is the only form of asbestos still imported and used in the U.S.

The rule is considered to be historic because it marks the first time the EPA has successfully banned ongoing commercial uses of asbestos under its enhanced authority from the 2016 TSCA amendments.

While great progress has been made and asbestos is more heavily regulated today, it is still not entirely banned. There are other forms of asbestos that have not been banned in the U.S., and while they are no longer imported, they remain a concern as all types of asbestos can cause mesothelioma, lung cancer, and other illnesses. According to the CDC, the people at highest risk of asbestos exposure today are those that work in construction, which is an estimated 1.3 million workers.

To help protect workers from asbestos exposure, the Occupational Safety and Health Administration (OSHA) has set some of the following regulations, among others:

• Employers must conduct monitoring to detect if asbestos exposure is at or above the Permissible Exposure Limit (PEL) or Excursion Limit (EL) for workers who are, or may be expected to be, exposed to asbestos. The frequency of monitoring depends on work classification and exposure levels. In construction and shipyard settings, assessment and monitoring must be conducted by a competent person.
• If exposure has the potential to be above the PEL or EL, employers must use proper engineering controls and work practices to the extent feasible to keep exposure at or below these limits. Where feasible, engineering controls and work practices do not ensure worker protection at the exposure limits, employers must reduce exposure to the lowest level achievable and supplement with proper respiratory protection to meet the PEL.
• Proper hazard communication and demarcation with warning signs containing specified language is required in areas where exposures are above the PEL or EL. No smoking, eating, or drinking is allowed in these areas, and proper personal protective equipment (PPE) must be provided and used to prevent exposure.
• Separate decontamination and lunch areas with proper hygiene practices must be provided to workers exposed above the PEL to avoid contamination.
• Training requirements depend on workplace exposure and classification. Training must be provided to all workers exposed at or above the PEL before work begins and yearly thereafter. All training must be conducted in a manner and language the worker can understand. Workers who perform housekeeping operations in buildings with presumed asbestos-containing materials (but not at the PEL) must also be provided asbestos awareness training.
• Medical surveillance requirements differ depending on the industry. Medical surveillance must be provided for workers who engage in certain classifications of work or experience exposure at or above the PEL in construction and shipyards. In general, medical examinations must be provided for workers who experience exposure at or above the PEL.
• Records must be kept on exposure monitoring for asbestos for at least 30 years, and worker medical surveillance records must be retained for the duration of employment plus 30 years. Training records must be kept for at least 1 year beyond the last date of employment.

Employers are legally required to follow these regulations in order to protect their workers. However, sadly, some employers continue to prioritize profit over safety by cutting corners on protective measures. When workers consequently develop asbestos-related illnesses because of workplace exposure and negligence, those employers can be held accountable and may be liable for compensation.

We’ve come a long way as a country in understanding the dangers of asbestos and protecting workers from exposure. Decades of research, advocacy, and regulation have led to significant progress. But the fight isn’t over. Asbestos-related diseases continue to emerge in workers who are exposed years or even decades ago, and older buildings and materials still pose risks today. As we move forward, it’s critical that we remain vigilant in holding employers accountable, supporting those affected, and continuing to push for stronger protections to ensure no worker is put in harm’s way for the sake of profit.