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What Laws Protect Individuals and Consumers from Asbestos Exposure?

EPA and OSHA are the main federal agencies with effective laws and regulations aimed at protecting various groups of individuals from asbestos exposure, be it occupational or environmental.

answered by Mark L. Rowe

Although asbestos use is strictly regulated nowadays, there are still sources of exposure which can become health hazards

The USA is one of the countries which have not banned asbestos completely. While the use of this carcinogenic mineral has decreased considerably within the past five decades, large amounts of asbestos are still regularly employed by several industries. According to the Mineral Resource Program, approximately 360 tons of asbestos were consumed in 2015, over 90% of which by the chloralkali industry. Since the early 1970s, when asbestos was classified as a known human carcinogen, multiple government agencies have been striving to protect citizens from occupational or environmental exposure, as well as to regulate the consumption of asbestos throughout the U.S.

At the moment, there are a series of effective laws and regulations pertaining to asbestos exposure within certain groups of individuals, from consumers and residents to workers who encounter it on a daily basis on the job. The U.S. Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA) and the Consumer Product Safety Commission (CPSC) are three of the federal agencies which have enforced laws and regulations to protect people from asbestos exposure.

EPA Asbestos Laws and Regulations

The Asbestos Hazard Emergency Response Act (AHERA)

This law refers to school buildings with asbestos-containing materials in their structure which are currently in use. Local educational agencies are required to inspect school buildings for asbestos products, prepare and implement asbestos management plans, and perform asbestos response actions to prevent or minimize asbestos exposure. According to AHERA, parents, teachers, staff, as well as any other employees, must be notified about the presence of asbestos in the building. It applies to all educational agencies (public schools, private schools, schools affiliated with religious institutions etc.).

Asbestos School Hazard Abatement Reauthorization Act (ASHARA)

ASHARA pertains to the previous law, extending funding for the asbestos abatement loan and grant program for schools and requiring EPA to increase the duration of training for asbestos abatement workers under the Asbestos Model Accreditation Plan (MAP). It also directed EPA to expand the accreditation criteria to cover asbestos removal operations in all public and commercial buildings in addition to schools.

Clean Air Act (CAA)

The Clean Air Act includes provisions for EPA to protect and improve the country’s air quality and to set national emission standards for air pollutants, including for airborne asbestos.

Safe Drinking Water Act (SDWA)

This federal law concerns the quality and safety of drinking water, ensuring that the concentration of asbestos – as well as of 90 other hazardous contaminants – remains below the permissible limit, which is 1 MFL (million fibers per liter). As asbestos is a naturally occurring mineral, it is nearly inevitable that it will infiltrate the water system in certain states. However, exposure to low doses of asbestos fibers is not likely to cause health issues. When the asbestos level in drinking water exceeds the limit, water suppliers must notify citizens within 30 days.

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

Also known as Superfund, CERCLA addresses abandoned hazardous waste sites. To prevent environmental exposure to asbestos, which is very likely to occur in the case of residents who live in close proximity to such areas, the purpose of this law is to identify and promptly attend to sites where hazardous waste has been dumped following various activities. The problematic areas are called Superfund Sites and are included in EPA’s National Priorities List (NPL). After the responsible party is notified regarding the hazard, they can either willingly start the clean-up operations or EPA will compel them to. Nevertheless, if the liable party is unable to perform the clean-up or refuses to comply, EPA will take charge and initiate the clean-up project itself.

EPA Asbestos Worker Protection Rule

By virtue of Section 6 of the Toxic Substances Control Act (TSCA), EPA was able to extend worker protection requirements. As a result, these requirements now include state and local government employees who are handling asbestos products on the job and were not previously covered by OSHA’s asbestos regulations.

Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP)

This set of regulations concerns the safety of workers who perform renovation, demolition, construction or installation operations involving asbestos-containing materials. According to NESHAP, the owner of the building must notify the appropriate state agency before the operation begins if any amount of asbestos might be disturbed during it. These regulations also refer to manufacturing and fabricating operations involving asbestos.

OSHA Asbestos Regulations

Asbestos General Standard

It specifies the permissible limit for asbestos exposure, which is 0.1 fiber per cubic centimeter of air, and provides in-depth information on worker training, respiratory protection, labeling, engineering controls, as well as the appropriate disposal of asbestos waste.

Asbestos Construction Standard

These regulations cover the essential aspects of construction work which involves the use of asbestos, from safe work practices to asbestos waste disposal.

CPSC Asbestos Bans and Regulations

The Consumer Product Safety Commission is responsible with identifying products which may pose a threat to the health or safety of consumers and regulating or banning them accordingly. In regard to asbestos, CPSC has issued regulations and bans concerning three types of asbestos-containing products:

  • patching compounds
  • emberizing materials
  • asbestos-containing garments for general use

If you or a family member was injured by occupational asbestos exposure, we highly encourage you to take legal action, as asbestos victims are eligible for financial compensation. Whether you suffer from mesothelioma, lung cancer or asbestosis, the experienced lawyers at Environmental Litigation Group, P.C. will gladly help you recover the compensation you deserve from the liable companies. Please contact us at (205) 328-9200 and we will thoroughly answer all your questions.

Other Related Questions

Secondary exposure occurs when a person is not in direct contact with a source of asbestos. It is equally dangerous as occupational asbestos exposure and can be either domestic or environmental.

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The statute of limitations refers to the amount of time you have to file an asbestos claim after diagnosis. It varies between one and six years, depending on the state you live in.

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Trust transparency laws have been enforced by some U.S. states to protect the legal system from fraud and abuse. Some argue that these laws make the process of recovering compensation more difficult for asbestos victims.

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While inhaling asbestos fibers from old building materials can be as dangerous as occupational exposure, asbestos trust funds provide compensation mostly to former employees.

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If multiple companies are at fault for your injury, you can file a claim with the asbestos trust funds of those which are under bankruptcy protection, as well as a lawsuit against those which are not.

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No. Companies with asbestos trust funds are under bankruptcy protection, which means they are immune to lawsuits. However, you can recover compensation from their asbestos trust fund.

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As diseases which occur as a result of asbestos exposure take decades to ensue, recalling the exact circumstances is rarely easy. Working with a lawyer specialized in asbestos cases is instrumental.

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Yes. If the company at fault for your asbestos exposure went out of business, you can still take legal action. However, recovering the compensation you deserve might be problematic.

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The victims of secondary asbestos exposure are also eligible for compensation. Although the legal process is more challenging, a lawyer specializing in asbestos cases will be able to help you greatly.

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No. Only the companies which sought bankruptcy protection were required to establish asbestos trust funds as a source of compensation for injured workers and their families.

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