Asbestos Ban in Construction: Understanding the Regulations

September 18, 2023

Article #107

I’m surprised to learn that over 114 metric tons of asbestos entered the U.S. in the first three months of 2022. This amount beats the 100 metric tons from all of 2021.¹ The U.S. stopped mining asbestos in 2002. Yet, battling its use remains a big challenge. In this article, we will look at asbestos laws, how they affect construction, and the push for a total ban.

Table of Contents

Key Takeaways

Asbestos is not fully banned in the United States, with the 2024 ban on chrysotile asbestos allowing a phase-out period of up to 12 years for certain manufacturing processes.
OSHA defines asbestos-containing materials as any material that contains more than 1% asbestos.¹
Legislation such as the Clean Air Act of 1970, Consumer Product Safety Act of 1972, and Toxic Substances Control Act of 1976 contributed to the decline in asbestos use in the 1970s and 1980s.¹
Many countries, including Canada, Brazil, the United Kingdom, and the European Union, have already implemented comprehensive bans on asbestos.¹
The future of a complete ban on all types of asbestos in the United States remains uncertain, with ongoing efforts and legal challenges.

Introduction

For many years, asbestos has drawn a lot of attention. It’s a natural mineral with six poisonous minerals inside. These minerals have led to many health problems over the years.¹

What is Asbestos?

Asbestos contains six dangerous minerals. These minerals make it great for resisting heat and being strong. Chrysotile and amosite are the types of asbestos you might find the most.¹

Asbestos: A Historical Perspective

People have used asbestos since ancient times. They loved it for staying strong even in fires. But, it became more popular in the late 1800s. Its use grew a lot in building materials, clothes, and cars.¹ By the 1970s, we knew asbestos could cause cancer. So, we stopped using it in some products back then.¹

Health Hazards of Asbestos Exposure

Asbestos is very dangerous to our health. It can cause a rare cancer called mesothelioma. It can also lead to lung cancer and serious lung problems.² When asbestos breaks apart, its fibers can float in the air. This happens during building work. This puts people close by at risk.²

asbestos minerals

Because of the health risks, many places now have rules against using asbestos. This is especially true for the building industry. There, workers and people living in those buildings can easily breathe it in.²

Scope and Application of Asbestos Regulations

The US asbestos regulations focus on projects where people might come in contact with this dangerous material.³ They aim to prevent serious health risks like cancer, especially from chrysotile asbestos.³

Construction Activities Covered

These rules apply to a wide range of building work. This includes taking down buildings with asbestos, or fixing and adding to them.

The rules also cover installing asbestos products, cleaning up asbestos spills, and even digging that may find asbestos in the earth.³

Exceptions and Limitations

The rules are pretty broad, but there are some exceptions. The EPA stops old asbestos items from being sold again, and it adds more limits on certain products.

The EPA might also make new rules to stop using chrysotile asbestos in special items. This is part of keeping the laws up-to-date.⁴

There are still some products that can have asbestos, like car brakes or roofing materials. But the goal remains to stop using asbestos completely.

Key Definitions

It’s important to know the terms related to asbestos definitions, types of asbestos work, ACM, and PACM. This knowledge is key in understanding asbestos rules and safety. We’ll explore the main ideas needed to manage this risky substance.

Types of Asbestos Work

“Class I asbestos work” involves taking off thermal system insulation (TSI) and ACM and PACM on surfaces.¹ “Class II asbestos work” is about removing ACM that isn’t TSI or on surfaces.¹ Then, “Class III asbestos work” includes fixes and upkeep that might disturb ACM, like TSI and ACM on surfaces and PACM.¹ Finally, “Class IV asbestos work” means keeping up or cleaning where workers may touch but not disturb ACM or PACM.¹

Asbestos-Containing Materials (ACM)

Asbestos-Containing Materials (ACM) have over 1% asbestos, says the Occupational Safety and Health Administration (OSHA).¹ You can come across these in many parts of buildings and construction. They are dangerous when moved or worked on during repairs or rebuilding.

Presumed Asbestos-Containing Materials (PACM)

Presumed Asbestos-Containing Materials (PACM) are materials we think have asbestos, even without formal tests. Calling some materials as PACM makes sure they are cared for correctly. This is to protect workers and the environment from the potential dangers of asbestos.

Regulatory Overview

The United States has strict rules to handle the dangers of¹ asbestos. Since 1970, the¹ Clean Air Act has labeled asbestos a risky air pollutant. It gave the⁵ U.S. Environmental Protection Agency (EPA) power to control how it’s used and thrown away. In addition, some uses of asbestos were banned, like¹ friable asbestos insulation in 1975.

Toxic Substances Control Act

The¹ Toxic Substances Control Act (TSCA) made the EPA even stronger in 1976. It allowed the EPA to watch over dangerous materials, including asbestos. Thanks to the TSCA, the⁵ EPA could make sure asbestos products were safe before coming into the U.S.

Asbestos Hazard Emergency Response Act

In 1986, the¹ Asbestos Hazard Emergency Response Act (AHERA) helped make schools safer from asbestos. It said schools must check for asbestos and make plans to lower risks. Recently, on April 5, 2022, the EPA moved to stop certain uses of imported asbestos.

Important laws and the work of⁵ groups like the Occupational Safety and Health Administration (OSHA) shaped the rules about asbestos in the U.S. These include⁵ Consumer Product Safety Commission and the⁵ U.S. Food and Drug Administration. All their efforts have had a big impact.

But, fully banning asbestos worldwide is still a big goal. There have been many attempts, like the Alan Reinstein Ban Asbestos Now Act, but not all of them have succeeded. While some countries have fully banned asbestos, like¹ Iceland and Sweden, others are still working on it. In fact, many states in Brazil only banned asbestos in 2021.

ASBESTOS BAN IN CONSTRUCTION

In July 1989, the U.S. Environmental Protection Agency (EPA) made a big move. They set out to stop using asbestos. Asbestos is a mineral that was widely used in building stuff. They wanted to stop making and selling things with asbestos.¹

Asbestos Ban and Phase-Out Rule (ABPR)

The EPA wanted to get rid of asbestos all over the U.S. This was because people started to learn how dangerous it was. But, companies that made asbestos products did not want this. They argued in court. The court decided to only partly ban asbestos.

Even so, it was a major step. It showed that people were serious about protecting health. The fight to fully remove asbestos is still ongoing.¹

Products Banned under ABPR

The goal of the ABPR was to stop using asbestos in many things. It included stuff used in buildings, cars, and industries. So, certain items like corrugated paper could not have asbestos anymore.¹

Challenges to the ABPR

Because of the industry’s arguments, not everything was banned. Some uses were still allowed. But, the EPA has not given up. They’re working to stop all uses of asbestos. They keep making new rules to achieve this goal.¹Stopping asbestos is tough but important. Although there have been some wins, the effort to protect people goes on. This shows how hard it is to remove something bad from our lives.⁶

Asbestos Regulations in California

In California, strict rules are in place to fight asbestos dangers, mainly in building work. These rules, part of the California Code of Regulations, focus on safe practices for handling asbestos, listing details found in sections like 1529, 5208, and 8358. Even with bans on some uses, asbestos can still be found in many places and jobs.⁷

California Code of Regulations

Under California’s laws, both building and general industry work must follow health limits for asbestos exposure. These rules demand employers take steps like notifying anyone near asbestos activities and monitoring the air quality to keep workers safe. Businesses in California have to strictly inform and educate their workers on asbestos dangers based on the California Code of Regulations, Chapter 8.⁸

Exposure Monitoring and Limits

In California, strict standards are in place to limit asbestos exposure on construction sites. Employers have a list of responsibilities, including making sure the authorities know when asbestos is being handled, monitoring the air, keeping workers informed, and displaying warning signs. Also, building owners must share info on asbestos with anyone stepping on their property, like workers, tenants, and those looking to rent or buy. Everyone working must keep ahead of safe practices, prevent exposure, and alert others about asbestos.⁸

Asbestos Removal and Abatement

California keeps in step with U.S. OSHA guidelines for removing asbestos, needing qualified contractors for the job.⁸ Using a Cal/OSHA-Approved Asbestos Consultant is advised for jobs needing inspections, abatement planning, and air quality checks. While Cal/OSHA doesn’t endorse specific asbestos removal firms, it suggests looking into their experience, methods, and compliance records.⁸⁷ Workers handling asbestos must make sure everyone knows the risks involved to promote a safe working environment.

Ongoing Efforts for a Comprehensive Ban

In 2024, the U.S. made a big step by banning one kind of asbestos, chrysotile asbestos. But, the ban on all asbestos types is still up in the air here.⁶ Over 50 countries already said no to asbestos. Yet, America hasn’t fully blocked the use of this dangerous stuff.⁶

Proposed Legislation

The year 2019 saw the introduction of the Alan Reinstein Ban Asbestos Now Act in Congress. Its goal: to stop making, processing, and sending asbestos within the U.S.¹ Sadly, by October 2020, this law hadn’t made it through.¹ There’s still hope. The EPA is looking into the risks of asbestos. And it might lead to more rules later on. But it’s not clear when or how big these changes could be.⁶

International Efforts

Many countries around the world have acted ahead of the U.S. in banning asbestos.¹ As far back as the 1980s and 1990s, places like Iceland and Sweden put a stop to all asbestos use.¹ In 2021, 17 states in Brazil also said no to asbestos, joining other nations. This includes countries like Canada and the UK. They have banned asbestos over the years too.¹ The World Health Organization has been calling for a worldwide asbestos ban since 2005. They aim to lower diseases tied to asbestos, such as mesothelioma.¹

The journey to ban asbestos in the U.S. is tough. But, the rest of the world is getting better at keeping people safe from this harmful material.

Compliance and Safe Work Practices

Making sure we follow asbestos rules and use safe asbestos methods is very important in building work. This protects workers and the public from asbestos harm. The rules for working with asbestos in construction cover many tasks, like tearing down buildings, taking out asbestos, and putting new things in.⁹

Risk Assessment

One big part of this is having the right person decide what needs to be done about asbestos dangers. This person is called the “Competent person.”⁹ They should be trained to handle different asbestos jobs. This includes removing asbestos to doing work that doesn’t disturb it too much.⁹

Personal Protective Equipment

The rules also list what special gear and checks are needed. This includes things like “glovebags,” “HEPA filters,” and making sure the first tests don’t show exposure to asbestos.⁹ Companies have to set up safe zones, control how work is done, and use technology to lower asbestos in the air.¹⁰

Training and Certification

To make sure workers know how to deal with asbestos, everyone must be trained. Specifically, those dealing with the more dangerous asbestos work need extra special training. This training is quite detailed and is supposed to meet very strict standards set by the EPA’s Model Accreditation Plan or its equal.⁹ Workers learn how to keep themselves and others safe from asbestos.¹⁰

By following all these rules and making sure workers are properly trained, the building industry can keep asbestos dangers low. This protects everyone’s health, both the workers and the people nearby.⁹,⁸,¹⁰

Legal Implications and Liability

Asbestos was widely used in building and industry for many years. This has caused a lot of¹¹ asbestos-related lawsuits in the U.S. In the 1960s, Dr. Irving J. Selikoff connected asbestos to diseases like mesothelioma and lung cancer. This proof helped challenge the power of the asbestos industry.² Studies also show that asbestos exposure leads to these serious health issues.²

Asbestos-Related Lawsuits

The use of asbestos and its harm has created a complex legal situation. This includes many¹¹ asbestos-related lawsuits around the U.S. States such as¹² California,¹² New York,¹² Pennsylvania,¹² Texas,¹² Ohio, and¹² Florida have made laws to deal with asbestos and help its victims.¹²

These lawsuits have pushed for new¹¹ regulations and laws. For example, the FACT Act was introduced at the federal level but didn’t pass. However, 16 states have enacted laws to ensure fairness in asbestos cases.¹¹¹²

Workers’ Compensation Claims

Workers who were exposed to asbestos might also be able to get¹¹ workers’ compensation. Asbestos use and mining was big in the early 1900s. By the 1920s and 1930s, studies were already showing the health dangers of asbestos.²

The impact of asbestos on health and the law is still changing. Efforts are being made to¹¹ ban more asbestos products, change what asbestos means, and make more people aware of its health risks. Recent² studies and medical reports confirm the danger of asbestos. It requires a big effort to deal with this problem.²

Conclusion

I look back on our journey through the complicated rules on asbestos in the U.S. It’s clear we’ve made some progress, but there are still hurdles ahead. Although we haven’t fully banned all types of asbestos, banning chrysotile asbestos in 2024 was a big improvement.²¹³

The dangers of asbestos are widely known. Studies say it causes the death of up to 15,000 Americans each year.² It takes as long as 50 years after exposure for symptoms to show up. This makes it a silent but severe threat.¹⁴ We must keep raising awareness and making stronger rules to keep people and workers safe.

Especially in construction, many buildings may have asbestos. This is because they were built before we had strict asbestos rules. So, keeping up with safety rules, checking risks, and training workers is crucial. This work will help us make a future that’s safer and healthier for everyone.

FAQ

Is asbestos fully banned in the United States?

As of now, asbestos isn’t fully banned in the US, despite a recent decision. The Biden administration set a ban on chrysotile asbestos in March 2024. However, companies can use it for certain tasks during a 12-year phase-out. This ban doesn’t cover all types.

What is asbestos, and what are the different types?

Asbestos is a group of six naturally found minerals. The most common types are chrysotile and amosite. Back in the 1970s, experts labeled asbestos as a cancer-causing material. By 1977, its use in textured paint and patching compounds was banned.

What construction activities are covered by asbestos regulations?

Rules regarding asbestos in construction are quite extensive. They include dealing with asbestos in odd jobs like demolishing buildings, fixing or renovating structures, and even cleaning up asbestos spills.They also apply to the people who handle, transport, and store asbestos, ensuring safety in every step.

What are the different classes of asbestos work?

There are four types of asbestos jobs under the rules:– Class I is for removing big asbestos coverings in buildings.– Class II is focused on taking out asbestos that doesn’t cover pipes or other surfaces.– Class III covers fixing things that could disturb asbestos, like making a hole in a wall.– Class IV includes general cleaning or keeping an area where asbestos is found, as long as the work doesn’t disturb the asbestos.

What key legislation and regulations address asbestos in the United States?

The Clean Air Act marked asbestos as dangerous to air quality in 1970. This act allowed the EPA to manage its use and disposal. There was a proposed rule in 1989 called the Asbestos Ban and Phase-Out Rule. It aimed to fully stop the making, selling, and use of asbestos products but didn’t pass because the asbestos industry fought against it fiercely.

What are the key definitions related to asbestos regulations?

Important terms to know include:– Competent person is someone who knows how to spot asbestos danger and can fix it.– Asbestos-containing materials (ACM) have over 1% asbestos.– Presumed asbestos-containing materials (PACM) are certain insulation and surface materials in buildings built before 1980.

What are the ongoing efforts for a comprehensive ban on asbestos?

Right now, the future ban on asbestos types is up in the air. In April 2024, the EPA’s draft report found big risks from leftover asbestos. Both local law and global actions aim for a full asbestos ban in the US.

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