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Return to Asbestos BlogAsbestos: A Miracle Mineral Before Being Banned
Asbestos, once hailed as a “miracle mineral” due to its remarkable properties, is now infamous for its deadly health effects. A fibrous mineral that can be split into fine, strong strands for use in commercial products, it had a number of applications for many years. The fibers were heat deterrent and fire resistant, durable, and inexpensive to use. This made asbestos seemingly perfect for use in construction, including in insulation, floor and ceiling tiles, as well as in everyday products including art supplies and tapestries, and even in automotive parts.
EPA efforts to warn the public about the health dangers of asbestos
Since its widespread ban in the mid-1980s, however, due to successful efforts made by the Environmental Protection Agency (EPA) to warn the public, the dangers associated with asbestos exposure have become public knowledge. Mesothelioma, lung cancer, and asbestosis are just a few of the many diseases caused by inhalation of microscopic asbestos fibers, and although not illegal in all forms, the mineral has largely been replaced with more benign alternatives.
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If you may have been exposed to asbestos, speak with your healthcare provider about tests and screening to help detect the presence of asbestos fibers and asbestos-related diseases.
How exactly is asbestos harmful, and why did the EEPA push to ban it?
Tiny asbestos fibers are released into the when disturbed, and these fibers could become trapped in a person’s lungs if inhaled. As particles build up in the lungs, over time, diseases can develop. This can take many years, and thus, some people who unknowingly ingested the fibers decades ago are just now getting sick.
Industrial workers at greatest risk of asbestos exposure
Those at the greatest risk of developing asbestos-related illnesses are individuals who worked directly with the mineral or were exposed to high quantities elsewhere over an extended period of time. Likewise, close loved ones who might come into contact with fibers on the exposed individual’s clothing, work accessories, in their vehicle, etc., are also commonly exposed second-hand.
Nonfriable asbestos, or that which can be contained and left undisturbed, is not likely to be hazardous. However, even when the substance is contained, if the material in which it is lurking is broken down in some way (i.e., during building renovations or demos), non friable asbestos can easily become airborne. Whatever ingested in the air, soil or in drinking supplies, asbestos contamination and ingestion is dangerous.
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Red Flags Years Before Asbestos was Banned
More than two thousand years ago, ancient civilizations first discovered asbestos and were intrigued by its usefulness. They quickly began referring to the “magical powers” of a substance that would not deteriorate even when thrown directly into a fire. However, they also noticed (and began to document) adverse health effects associated with exposure.
Asbestos-related “lung disease” was witnessed in enslaved people who handled the mineral directly. Slowly, but surely, more and more individuals were becoming deathly ill. Yet, the substance’s alleged magical properties ostensibly overshadowed this, and asbestos continued to make its way into industry for years to come.
Middle Ages: A lull in the use of asbestos
The Middle Ages saw a drop in the use of asbestos, but it returned in the 1700s and gained in popularity during the late-1800s alongside the Industrial Revolution. As a result, asbestos was first used in the United States in the late 1800s, primarily as an insulative material and for fireproofing.
Asbestos helped make the industrial revolution possible.
In the late 19th century, when significant asbestos resources were found in portions of Canada and the northern United States, use of the mineral in industry boomed. It became commonly employed in various applications, especially during World War II, when it was applied in shipbuilding and in other equipment and arsenal.
Health dangers of asbestos are reported
In the early 20th century, doctors and scientists began to report, once again, a higher incidence of lung disease in asbestos in those working directly with the mineral – this time in miners and textile workers. In in the 1930s, more literature followed, and major medical publications began publishing studies connecting asbestos to cancer.
Despite all of this, the asbestos industry continued to be a powerful one for most of the 20th century, and individuals continued to be regularly exposed in their homes, neighborhoods, and places of employment.
The mineral was actively used in new construction and in the creation of numerous household goods. Moreover, the general public remained largely unaware that they were in danger. Only the medical and scientific communities were privy to the harm caused thanks to the fact that many of their initial findings were removed from circulation at the request of the asbestos industry.
Finally Regulating Asbestos in the U.S.
U.S. builders finally stopped using asbestos in 1978, replacing it with safer alternatives. However, the first federal regulations came in 1970 with the passage of the Occupational Safety and Health Act (OSHA), setting standards for workplace safety and limiting the permissible exposure levels for workers. In 1971, the Environmental Protection Agency (EPA) issued the National Emission Standards for Hazardous Air Pollutants, which set emission limits for sources of asbestos in the environment. And, throughout the 1970s, the EPA started outlawing various asbestos-related items.
CERCLA: Comprehensive regulation of asbestos
In 1980, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was signed into law. The purpose of this statute, sometimes referred to simply as “Superfund,” is to handle unattended toxic waste dumps in the United States. Later, in 1989, the EPA issued a final rule banning most asbestos-containing products under the authority of the Toxic Substances Control Act (TSCA). The rule, known as the Asbestos Ban and Phase Out Rule, prohibited the manufacturing, importation, processing, and distribution of asbestos-containing products such as flooring, felt roll board, and corrugated, commercial, and specialty paper.
Despite these efforts, the asbestos industry fought back, of course, and challenged the rule in court. As a result, in 1991, the Fifth Circuit Court of Appeals chose to vacate and remand the rule back to the EPA. Thus, the ban on asbestos-containing products was overturned, and the EPA was required to conduct a new risk assessment and cost-benefit analysis proving use of the substance should be widely limited.
EPA expands limitations on asbestos products
In 1990, the EPA forbade spraying compounds with more than 1 percent asbestos from being used on pipes, buildings, conduits, and other installations. Then, in 2002, the Small Business Liability Relief and Brownfields Revitalization Act was put into place, which amended CERCLA by providing funds to assess and clean up brownfields while clarifying CERCLA liability protections and offering funds to enhance state and tribal response programs.
Not all asbestos is banned in the United States.
To this day, asbestos can still be used in the United States so long as the EPA has determined the benefits outweigh the costs, and in applications where it is unlikely the mineral will become friable. However, it’s important to note that even the smallest amounts of asbestos exposure can be dangerous. There is no threshold at which the fibers go from being harmless to harmful, and precautions must be taken whenever the mineral is handled.
Asbestos Use Today
Asbestos is highly regulated, but remains an ongoing danger.
Today, asbestos continues to be used, but highly regulated. The EPA still sets emission limits for sources of asbestos, and the Consumer Product Safety Commission (CPSC) enforces regulations on manufacturing and selling of asbestos-containing products. In addition, many states have chosen to create their own regulations surrounding use, with some banning it entirely. More specific laws, such as the National Emission Standards for Hazardous Air Pollutants (NESHAP), have been put into place. NESHAP outlines the asbestos work processes that must be adhered to during the removal and restoration of all facilities, buildings, and dwellings (except residential buildings having four or fewer dwelling units).
Conclusions on the regulation of asbestos in the U.S.
The dangers of asbestos exposure have been recognized for decades (even back to ancient times), and the U.S. government has taken action to regulate and limit the use of the mineral. The complications associated with the compound usually emerge after chronic exposure. While a comprehensive ban on asbestos-containing products was once in place, it was overturned in court, and asbestos is still legal to use in the U.S. under certain conditions.
The health dangers of asbestos have not gone away.
The issue of health-related complications, such as various forms of life-threatening cancers, emerging from long-term exposure, does exist. However, continued regulation and oversight aim to limit risk and protect public health. It’s important to remain vigilant about the potential risks of asbestos exposure in the workplace and at home, and if one suspects they’ve been exposed, it’s best to seek medical attention immediately. Additionally, if a homeowner is planning to renovate or demolish a building that may contain asbestos, following all relevant protocols is vital.
AsbestosClaims.Law
For Justinian C. Lane, getting compensation for asbestos victims is personal.
Justinian’s grandparents and his father all worked with asbestos in their younger years and died from asbestos-related cancers in their later years.
At the time of each of their deaths, no one in Justinian’s family knew that they were eligible to file an asbestos lawsuit and to seek compensation from the asbestos trusts.
Because no one in Justinian’s family knew their options, they never received any compensation for the death of their loved ones.
If you believe that you or your family member’s injury was related to asbestos exposure, you could be entitled to significant compensation.
This is money you could use to cover the costs of asbestos removal services, pay for medical treatment, and preemptively protect your physical well-being.
There are also asbestos trusts that offer compensation much more quickly and easily (without filing a lawsuit.)
If you’d like help with filing a claim, please get in touch by email at [email protected], or call or text us at (833) 4-ASBESTOS (427-2378) or (206) 455-9190. We’ll listen to your story and explain your options. And we never charge for anything unless you receive money in your pocket.
In addition to legal claims, veterans disability, social security and employment protection like workers compensation, FELA and The Jones Act for maritime workers, there are asbestos trusts that have been set up to compensate those harmed by asbestos without having to file a lawsuit.
There is no risk or cost to speak with one of our staff about your asbestos litigation. There are no fees unless you receive money.
If you have any additional questions or concerns related to asbestos, check out our website and YouTube page for videos, infographics and answers to your questions about asbestos, including health and safety, asbestos testing, removing asbestos from your home and building, and legal information about compensation for asbestos injuries.
Introducing the largest database of asbestos information on the planet.
W.A.R.D., which stands for the Worldwide Asbestos Research Database, helps clients to narrow down when and where they may have been exposed, as well as which products may still contain asbestos. W.A.R.D. will also help indicate compensation types and how much a person may be entitled to.
