Asbestos Laws & Exposure Regulations Guide

Before the U.S. Environmental Protection Agency (EPA) released official warnings about asbestos, exposure was already linked with serious health problems. State and federal laws now protect workers and consumers by limiting asbestos use and describing how it must be handled.

If you’ve been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, keep in mind that you may be eligible for substantial compensation. There is currently over $30 billion in asbestos trust funds set up for victims of asbestos-related diseases. We invite you to fill out our form today for a free Financial Compensation Packet, filled with information about experienced mesothelioma lawyers in your area, how to get paid in 90 days, how to file an asbestos trust fund claim, and much more. 

NESHAP

The EPA created the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) to reduce the amount of asbestos released into the air during activities that involve professional workers handling asbestos materials.

After the EPA determined asbestos to be a hazardous pollutant and dangerous to health in 1971, NESHAP was created and amended several times until its latest version was released in 1995.

In addition to asbestos, NESHAP also regulates six other hazardous air pollutants, including:

• Mercury
• Beryllium
• Vinyl Chloride
• Arsenic
• Benzene
• Radon

In regards to asbestos, NESHAP laws apply to all buildings that were created using asbestos-containing materials, including schools, office buildings, apartments, department stores, auto repair shops, churches, hospitals, and more.

The only exception to NESHAP regulations is residential homes and buildings with less than four dwellings.

Otherwise, all housing complexes must abide by NESHAP and other state asbestos regulations. In addition, NESHAP rules apply to any industrial, institutional, or commercial buildings:

Schools

Before the 1970s, most schools in the U.S. were built using asbestos-containing materials (ACMs).

Many of these schools still exist today. Federal laws mandate that each of these buildings follow a series of required asbestos management plans, which include:

• The Asbestos Hazard Emergency Response Act (AHERA): AHERA requires all schools that were built using asbestos materials to inspect each building for asbestos materials and to come up with a proper management plan to prevent any asbestos hazards.
• Any employee, contractor, or workers in school buildings built with asbestos materials must become accredited with The Asbestos Model Accreditation Plan.
• If the renovation of a school results in stirring large deposits of friable asbestos fibers, the school must be demolished.
• School districts must provide annual notifications to parents, employees, and others who are in the building for long periods that give updates on management plans and any actions that will be taken against asbestos.
• There must a qualified and designated individual who ensures that notifications and management plans are implemented correctly.
• Areas in the school buildings that contain asbestos must be periodically inspected.
• Custodians and school janitors must be provided with and complete asbestos-awareness training.
• Both public and nonprofit schools must comply with all regulations and rules of NESHAP.

Laws For Building Managers and Owners

State and federal laws also require building owners and managers to follow specific asbestos safety procedures:

• If any business owner or manager plans to renovate or demolish their building, they must first get it approved by their state’s agency.
• Any worker hired to help renovate or demolish a building must be certified and accredited through a program such as the EPA Model Accreditation Plan (MAP).
• Owners, managers, and anyone who works in a building containing asbestos must take advantage of EPA’s Operation and Maintenance Program (O&M). O&M is a plan that provides training on cleaning, inspections, and work practices for those who are in building for longs periods that contain asbestos.
• Under the Clean Air Act of 1970, NESHAP mandates that building managers and owners must follow a certain set of guidelines to control the asbestos in their buildings. These laws differ from school laws as school laws have their own unique requirements.

Laws for Asbestos Professionals

In any instance that a site, building, school, home, or any other entity containing asbestos needs to be repaired, remodeled, or destroyed, a certified asbestos professional must be the one to do the job.

Asbestos professionals have the required knowledge and training to work around asbestos-laden materials.

Workers, contractors, inspectors, planners, and designers must all undergo strict asbestos training before working on sites that contain asbestos.

Once they have completed training, asbestos professionals follow strict rules:

• Anyone working around asbestos must always be allowed proper ventilation.
• Anyone worker who is exposed to asbestos while renovating, repairing, or remodeling, must be allowed several breaks without being exposed for too long.
• The employer must also provide hygiene products and protective clothing to each worker.
• Warning signs and instructions must always be visible around work areas containing asbestos.
• Along with protective clothing, workers must have access to other protective equipment, such as respirators.
• Medical examinations must be provided to all workers who are in contact with asbestos and asbestos-containing materials.
• Showers with hot water and other post-asbestos exposure safety precautions must be provided.

Most of these laws were implemented years after millions of workers had already been exposed to asbestos daily.

As a result, many of those workers have already been diagnosed with an asbestos-related disease, such as asbestos-related lung cancer, asbestosis, or asbestos cancer. More people are expected to be diagnosed in the future.

According to state and federal laws, if you’ve been exposed to asbestos and diagnosed with a disease after working in a place that contained asbestos, the responsible party could be one or any of the following:

• The business that manufactured the asbestos and/or the business that manufactured faulty protective gear and clothing
• The owners of the facility where the work was done, and the contractors or subcontractors involved

A trust fund may already be set in place for future cases, especially if a business or manufacturer has gone through bankruptcy.

These types of lawsuits are almost always settled out of court before going to trial. An asbestos lawyer will be able to investigate and provide this information.

These are some of the job sites and occupations that used the most asbestos:

• Shipbuilding and ship repairs
• Asbestos distribution plants
• Commercial businesses
• Heating and Cooling repair professionals
• Brake and clutch repair (automotive repair)
• Paper mills
• Breweries (built before 1980)
• Pipefitting companies
• Sawmills
• Manufacturing plants
• Airports and military airfields
• Power plants
• Oil and chemical plants
• Steel plants
• Mining companies
• Roofing
• Construction
• Electrical repair jobs
• Insulation installation or removal
• Custodial jobs
• Welding

For more information, see our articles on Asbestos Abatement and Asbestos Disposal.

Talk to your doctor as soon as possible if you believe you were exposed to asbestos. Then, contact an asbestos lawyer to determine your legal options.

Getting Help

If you’ve been injured by mesothelioma, asbestos-related lung cancer, or asbestosis, there is a good chance that you’ll qualify for considerable compensation. Remember to fill out our form to get your free Financial Compensation Packet, with information on experienced asbestos and mesothelioma lawyers in your area. If you have questions or need additional assistance, contact us at 800-793-4540.