6 Key Moments That Changed Safety Regulations In Construction Materials 6 Key Moments That Changed Safety Regulations In Construction Materials

6 Key Moments That Changed Safety Regulations In Construction Materials

Safety rules for construction materials did not happen overnight. They came after years of evidence, illness, and legal battles. Many people still ask when was asbestos banned in the United States, and the honest answer is complicated. There was no single ban. It happened in pieces, over decades. Asbestos was used in more than 3,000 products in the U.S. during the 20th century. By the time serious regulations took hold, millions of workers had already been exposed. Understanding these key moments explains why asbestos-related diseases are still being diagnosed today.

The U.S. Public Health Service first raised concerns about asbestos in the 1930s. But the strongest early warning came in 1964, when Dr. Irving Selikoff published research linking asbestos to lung cancer and mesothelioma. His data showed that insulation workers who handled asbestos had 8 times the risk of dying from lung cancer compared to the general population. That study changed the direction of medical and legal research for the next 50 years and became the foundation of every major regulatory action that followed.

  • OSHA’s Permissible Exposure Limits Set in the Early 1970s

The Occupational Safety and Health Administration was created in 1971. Within its first few years, it started setting exposure limits for asbestos in workplaces. By 1972, OSHA set the permissible exposure limit at 5 fibers per cubic centimeter of air. That number dropped repeatedly over the following decade as science showed even lower exposure levels caused disease. These limits gave workers legal protection that did not exist before and gave injured workers a basis for legal action.

  • The EPA’s Hazardous Air Pollutant Listing Under the Clean Air Act in 1973

The Environmental Protection Agency listed asbestos as a hazardous air pollutant under the Clean Air Act in 1973. This restricted asbestos spraying and set rules for demolition and renovation projects in buildings containing asbestos. From this point forward, any major construction project had to account for asbestos before tearing down walls or floors. The 1973 rule was the first time asbestos removal became a regulated activity with documented procedures, not just a job anyone could walk in and do.

  • The EPA’s Failed Total Asbestos Ban and Its 1991 Court Reversal

In 1989, the EPA issued the Asbestos Ban and Phase-Out Rule, designed to eliminate nearly all uses of asbestos in the U.S. Then in 1991, the Fifth Circuit Court of Appeals overturned most of the rule. Asbestos manufacturers argued successfully that the EPA had not proven the ban was the least burdensome option available. This left the U.S. in a complicated position where some asbestos uses were banned but many were not. The 1991 reversal is why asbestos continued to be imported and used in specific industries for decades after the failed ban.

The legal fallout surrounding asbestos exposure has also shaped public awareness and accountability around hazardous construction materials. Over the years, law firms such as ELSM Law have been part of broader efforts to help affected individuals understand their legal options and the long-term consequences tied to occupational asbestos exposure. 

  • The Toxic Substances Control Act Update and the 2024 Chrysotile Ban

The Frank R. Lautenberg Chemical Safety for the 21st Century Act, which updated the Toxic Substances Control Act in 2016, gave the EPA new authority to evaluate and act on asbestos risks. In 2024, the EPA used that authority to finalize a rule banning chrysotile asbestos, the only type still actively imported and used in the U.S. This was a genuine regulatory turning point. It came more than 30 years after the first failed ban attempt, and it closed a loophole that had allowed asbestos to keep flowing into American industries.

  • The Current Regulatory Landscape and Ongoing Exposure Risks

Today, asbestos is not fully banned in all its forms in the U.S. Products installed before the various bans are still present in older buildings. Some imported products have carried trace amounts of asbestos. Workers in demolition, renovation, and shipbuilding still face real exposure risks. The regulatory history is long, but the health consequences have not stopped. Mesothelioma has a latency period of 20 to 50 years, which means new cases from past exposures will continue to emerge well into the 2040s.