National Asbestos Legislation
A number of U.S. policymakers have tried to introduce laws to ban the toxic mineral in the country, but they all have failed. As more cases of mesothelioma surface, we can hope that lawmakers finally put an end to using products in America that contain asbestos.
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The dangers of asbestos are well known in the U.S. Although few would dispute the major health hazards related to exposure, America does not have a comprehensive federal law addressing the issue. Indeed, sweeping national legislation about asbestos has proved a struggle. Instead, those issues largely are left in the hands of individual states, which often have different approaches to dealing with risks and claims.
Most federal and state asbestos legislation in the U.S. was motivated by the same two concerns: public safety and economic concerns. The evolution of these concerns can be traced back to the early 20th century. By then, use of asbestos in the U.S. had surpassed that of the rest of the world.
History of U.S. Asbestos Legislation
Although the U.S. government has taken some action on the issue, it has faced criticism for not acting on two issues: Banning asbestos and developing a system to compensate those injured by exposure.
The federal government adopted policies to promote safety related to asbestos. Like most countries, the U.S. does not have a universal ban on the toxic mineral. So far, an estimated 55 countries have substantially banned its use.
Federal legislation to ensure that claimants can be compensated for sickness, loss of life and loss of wages has also been limited. Federal laws were passed to create compensation systems for other types of claimants. The Black Lung Benefits Act created a program for U.S. coal miners. However, a similar program has not been established for people who are sick because of asbestos exposure.
Need someone to guide you through the legal process? We can help. Talk to one of our Patient Advocates. Get In Touch
1930s
By the 1930s, medical evidence had already linked exposure with deadly diseases. Although manufacturers knew about the early evidence, many of them did not warn workers or the public about the dangers and potential future health issues. Routine use of asbestos in construction and industrial products continued.
Asbestos paint advertisement
Asbestos Protest
1960s - 70s
Because related diseases do not surface until decades after exposure, the health hazards created by this exposure did not receive widespread public attention until the late 1960s and the 1970s. That is when victims increasingly filed lawsuits against manufacturers for their injuries, claiming those manufacturers knowingly made them sick. Soon, the health risks of asbestos were too big to hide.
1980s
Through the late 1980s, much of the attention surrounding asbestos focused on abatement, which involves removing or containing asbestos from existing buildings. There were also calls for laws to ban the use of the toxic mineral. During the 1970s, the U.S. government issued guidelines to limit asbestos exposure. These guidelines were followed by more federal, state and local public safety laws during the 1980s.
Asbestos abatement
Present Day
U.S. Sen. Patty Murray (D-Wash.) sponsored the Ban Asbestos in America Act of 2007, but it died in Congress. In 2009, she also sponsored a bill that led to recognition of September 26 as National Mesothelioma Awareness Day. Murray, a longtime advocate for asbestos awareness and research, continues to list these issues among her legislative priorities.
Compensation for Patients & Families
If you or a loved one has been diagnosed, we can help you obtain compensation through grants, trust funds and more.
Get Started Today
Legislation
Major legislation on asbestos abatement and tort reform have been considered at the federal level. When it comes to asbestos abatement legislation, the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) are the main federal agencies in charge of enforcing these laws.
The EPA and OSHA are instrumental in the evolution of asbestos abatement litigation because both agencies deal with workers, such as those in the construction industry, who often come into contact with asbestos.
One of the biggest threats to those unfairly injured by asbestos exposure is the Furthering Asbestos Claim Transparency (FACT) Act.
It would require asbestos trusts to publicly disclose information about the settlement terms between trusts and claimants. Current state and federal laws consider these negotiations private and confidential, not subject to discovery or admissible in court cases.
The original bill was introduced in the U.S. House of Representatives in 2013. The bill passed and was sent to the U.S. Senate, where a similar bill wasintroduced in 2014. A new congressional session in 2015 archived both versions of the proposals.
However, Rep. Blake Farenthold, R-Texas, introduced a new version (H.R. 526) in the U.S. House in January 2015.
This legislation would add to the pain of all those affected by asbestos-related conditions.
1970
1976
1986
1994
2006
2007
Clean Air Act of 1970
Congress first identified asbestos as a hazardous air pollutant under this law. The Clean Air Act has been amended over the years and resulted in Environmental Protection Agency (EPA) regulations governing the use and disposal of asbestos. The law has been followed by other federal measures to protect workers and the public, such as Consumer Product Safety Act provisions and Occupational Safety and Health Administration (OSHA) regulations. Although asbestos is still used in certain products, its identification as a pollutant has helped reduce use.
A number of U.S. policymakers have tried to introduce laws to ban the toxic mineral in the country, but they all have failed. As more cases of mesothelioma surface, we can hope that lawmakers finally put an end to using products in America that contain asbestos.
Find An Attorney
Get help finding an attorney who knows the process and can get you and your family the compensation you deserve.
Get Help Now
The dangers of asbestos are well known in the U.S. Although few would dispute the major health hazards related to exposure, America does not have a comprehensive federal law addressing the issue. Indeed, sweeping national legislation about asbestos has proved a struggle. Instead, those issues largely are left in the hands of individual states, which often have different approaches to dealing with risks and claims.
Most federal and state asbestos legislation in the U.S. was motivated by the same two concerns: public safety and economic concerns. The evolution of these concerns can be traced back to the early 20th century. By then, use of asbestos in the U.S. had surpassed that of the rest of the world.
History of U.S. Asbestos Legislation
Although the U.S. government has taken some action on the issue, it has faced criticism for not acting on two issues: Banning asbestos and developing a system to compensate those injured by exposure.
The federal government adopted policies to promote safety related to asbestos. Like most countries, the U.S. does not have a universal ban on the toxic mineral. So far, an estimated 55 countries have substantially banned its use.
Federal legislation to ensure that claimants can be compensated for sickness, loss of life and loss of wages has also been limited. Federal laws were passed to create compensation systems for other types of claimants. The Black Lung Benefits Act created a program for U.S. coal miners. However, a similar program has not been established for people who are sick because of asbestos exposure.
Need someone to guide you through the legal process? We can help. Talk to one of our Patient Advocates. Get In Touch
1930s
By the 1930s, medical evidence had already linked exposure with deadly diseases. Although manufacturers knew about the early evidence, many of them did not warn workers or the public about the dangers and potential future health issues. Routine use of asbestos in construction and industrial products continued.
Asbestos paint advertisement
Asbestos Protest
1960s - 70s
Because related diseases do not surface until decades after exposure, the health hazards created by this exposure did not receive widespread public attention until the late 1960s and the 1970s. That is when victims increasingly filed lawsuits against manufacturers for their injuries, claiming those manufacturers knowingly made them sick. Soon, the health risks of asbestos were too big to hide.
1980s
Through the late 1980s, much of the attention surrounding asbestos focused on abatement, which involves removing or containing asbestos from existing buildings. There were also calls for laws to ban the use of the toxic mineral. During the 1970s, the U.S. government issued guidelines to limit asbestos exposure. These guidelines were followed by more federal, state and local public safety laws during the 1980s.
Asbestos abatement
Present Day
U.S. Sen. Patty Murray (D-Wash.) sponsored the Ban Asbestos in America Act of 2007, but it died in Congress. In 2009, she also sponsored a bill that led to recognition of September 26 as National Mesothelioma Awareness Day. Murray, a longtime advocate for asbestos awareness and research, continues to list these issues among her legislative priorities.
Compensation for Patients & Families
If you or a loved one has been diagnosed, we can help you obtain compensation through grants, trust funds and more.
Get Started Today
Legislation
Major legislation on asbestos abatement and tort reform have been considered at the federal level. When it comes to asbestos abatement legislation, the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) are the main federal agencies in charge of enforcing these laws.
The EPA and OSHA are instrumental in the evolution of asbestos abatement litigation because both agencies deal with workers, such as those in the construction industry, who often come into contact with asbestos.
One of the biggest threats to those unfairly injured by asbestos exposure is the Furthering Asbestos Claim Transparency (FACT) Act.
It would require asbestos trusts to publicly disclose information about the settlement terms between trusts and claimants. Current state and federal laws consider these negotiations private and confidential, not subject to discovery or admissible in court cases.
The original bill was introduced in the U.S. House of Representatives in 2013. The bill passed and was sent to the U.S. Senate, where a similar bill wasintroduced in 2014. A new congressional session in 2015 archived both versions of the proposals.
However, Rep. Blake Farenthold, R-Texas, introduced a new version (H.R. 526) in the U.S. House in January 2015.
This legislation would add to the pain of all those affected by asbestos-related conditions.
1970
1976
1986
1994
2006
2007
Clean Air Act of 1970
Congress first identified asbestos as a hazardous air pollutant under this law. The Clean Air Act has been amended over the years and resulted in Environmental Protection Agency (EPA) regulations governing the use and disposal of asbestos. The law has been followed by other federal measures to protect workers and the public, such as Consumer Product Safety Act provisions and Occupational Safety and Health Administration (OSHA) regulations. Although asbestos is still used in certain products, its identification as a pollutant has helped reduce use.
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