The Legacy of OSHA and EPA Asbestos Regulations

A Turning Point in Workplace Safety: The Impact of OSHA and EPA Asbestos Regulations

For more than five decades, OSHA and EPA asbestos regulations have shaped workplace safety and environmental policy across the United States. The legacy of these laws offers a powerful lesson. Regulatory oversight can save lives, reduce disease, and influence corporate accountability.

Before 1970, American workers, especially in shipyards, construction, and manufacturing, were unknowingly inhaling asbestos fibers every day. The lack of regulation and awareness led to a devastating wave of occupational illness, most notably mesothelioma.

That tide began to turn with the creation of OSHA in 1971 and the EPA’s intensified focus in the mid-1970s. These agencies introduced new policies that permanently changed how asbestos is managed in workplaces and public spaces.

The Early Years: Asbestos Use and Lack of Oversight

Until the mid-20th century, asbestos was seen as a miracle material. It was fireproof, durable, and cost-effective. From brake pads to insulation, asbestos found its way into thousands of products and nearly every industry.

But there was a deadly cost.

As early as the 1930s, medical literature linked asbestos exposure to severe respiratory illnesses. However, it wasn’t until workers began to fall ill in significant numbers during the 1960s that lawmakers took notice. Unfortunately, many companies ignored or concealed the growing evidence of harm.

In 1970, President Richard Nixon signed the Occupational Safety and Health Act, which created OSHA. Around the same time, the Environmental Protection Agency (EPA) was established to address pollution and health hazards.

Together, these two federal agencies became central to controlling asbestos exposure and improving workplace safety nationwide.

OSHA’s Asbestos Standards: Protecting the Workforce

Initial OSHA Rules (1971–1980)

OSHA’s first asbestos exposure limit, issued in 1971, set the Threshold Limit Value 5 f/cc (8-hr TWA) with a Peak Excursion Limit of 10 f/cc.  While this was a starting point, it was far too high to prevent long-term diseases such as mesothelioma or asbestosis.

Over the years, OSHA revised its standards in response to growing scientific evidence:

• 1983: Reduced the PEL to 0.2 f/cc
• 1994: Tightened the limit further to 0.1 f/cc, which remains the standard today

Medical experts have long warned that no level of asbestos exposure is truly safe. These reductions reflected a growing recognition of that reality.

Key Worker Protections and Requirements

The 1994 standard update also introduced several critical safeguards:

• Use of HEPA-filtered respirators
• Required medical surveillance for exposed workers
• Mandatory employee training and hazard signage
• Implementation of engineering controls like isolation and ventilation

These measures significantly reduced exposure risks in regulated industries. However, due to the long latency period of asbestos-related illnesses, many workers continue to develop conditions like pleural mesothelioma decades after initial exposure.

Learn more about occupational asbestos exposure

The EPA’s Expanding Role in Environmental Asbestos Control

Key EPA Actions (1973–1990)

While OSHA focused on workplace safety, the EPA targeted environmental and public health risks. Starting in the 1970s, the EPA issued several regulations to control asbestos in schools, buildings, and commercial products.

Important milestones include:

• 1973 Clean Air Act NESHAP: Banned most spraying of asbestos in construction
• 1986 AHERA (Asbestos Hazard Emergency Response Act): Required school asbestos inspections and management plans
• 1989 Asbestos Ban and Phase-Out Rule: Proposed banning most asbestos-containing products

Although a 1991 court ruling overturned parts of the 1989 ban, many asbestos applications were phased out. The regulatory effort also raised national awareness about the dangers of asbestos.

See how non-occupational asbestos exposure still poses risks today

Ongoing Efforts and Future Bans

The EPA continues to regulate asbestos under the Toxic Substances Control Act (TSCA). In 2023, the agency proposed a final rule to ban chrysotile asbestos, which is still used in a few industrial processes.

If approved, this would mark the first complete federal ban on asbestos in the United States.

Failures, Loopholes, and Lingering Risks

Despite progress, critics have identified several flaws in regulatory enforcement:

• Limited oversight capacity: OSHA and EPA inspectors cannot monitor every worksite
• Legacy asbestos in buildings: Older homes and facilities still contain asbestos in insulation, tiles, and other materials
• Ongoing imports: Certain asbestos-containing products remain legal and are still imported into the country

The story of asbestos regulation shows that laws alone are not enough. Strong enforcement, updated science, and public education are all necessary to fully protect the public.

Why Historical Knowledge Matters Today

Understanding the legacy of OSHA and EPA asbestos regulations helps us prevent future tragedies.

Most asbestos-related diseases are entirely preventable. Yet mesothelioma, lung cancer, and asbestosis often take 20 to 50 years to develop. This means workers exposed in the 1970s, 1980s, or even later are still receiving diagnoses today.

Public health advocates, researchers, and attorneys continue to push for:

• Complete bans on all asbestos products
• Increased public awareness and education
• Improved support and compensation for victims
• Stricter building codes and inspection policies

If you or a loved one was affected, our mesothelioma attorneys in Texas can help you understand your legal options

FAQs About OSHA and EPA Asbestos Regulations

What year did OSHA start regulating asbestos?
OSHA began regulating asbestos in 1971 with exposure limits and safety requirements for high-risk workplaces.

What does the EPA do about asbestos?
The EPA regulates asbestos in schools, public buildings, and certain consumer products. It also enforces cleanup and disposal rules under TSCA and the Clean Air Act.

Are asbestos products still legal in the U.S.?
Yes, a few industrial uses remain legal. However, most consumer and construction uses have been phased out or banned.

Why was the 1989 asbestos ban overturned?
In 1991, a federal court ruled that the EPA did not fully consider the economic impact of the ban, leading to a partial reversal. However, amendments to TSCA during the Obama administration changed the statutory underpinnings for an eventual ban – which finally occurred in 2023 with the EPA ban of chrysotile asbestos.

What is the current OSHA asbestos exposure limit?
The PEL is 0.1 fibers per cubic centimeter of air, measured over an 8-hour work shift.

How can workers stay protected from asbestos today?
Following OSHA safety standards, using proper protective equipment, and conducting regular air monitoring are essential steps.

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