Contrary to popular belief, asbestos is not completely banned in the United States. However, there are quite a few asbestos restrictions that must be adhered to by companies that handle the material.

Asbestos is a naturally occurring material that is mined from the earth. In the earlier part of the twentieth century, it was widely used throughout the world for its fire retardant properties as well as its ability to insulate. It has been extensively used in certain industries such as the military, construction, shipping and railroads.

Asbestos is harmful to human health if it is inhaled or unintentionally ingested. Many workers who work with asbestos and products containing asbestos are at risk for several diseases because of their close work with the material. Mesothelioma, a cancer of the lining of the lungs, and asbestos lung cancer are among the more serious conditions caused by asbestos.

Asbestos fibers, once inhaled or ingested, can lodge themselves in the lungs or nearby organs. They cannot be expelled from the body. Once they are inhaled or ingested, they create inflammation in surrounding tissue which can lead to tumor and cancer growth over time. Many who have been adversely affected by asbestos will not know it until many years later, oftentimes decades later.

In the latter part of the twentieth century, as studies began to be published regarding the danger of inhaling asbestos and working with asbestos products, the substance began to be regulated in the United States and asbestos restrictions were put in place.

Asbestos is recognized as a hazardous air pollutant under the Clean Air Act. Because of this, the U.S. Environmental Protection Agency (EPA) was able to put into place regulations for the use and disposal of asbestos and asbestos products. The EPA enacted asbestos restrictions that sought to protect the public from the dangers of asbestos inhalation and ingestion. The Clean Air Act banned spray-applied asbestos.

Additionally, in 1976 the Toxic Substances Control Act (TSCA) allowed the EPA to put further asbestos restrictions on the material. Ten years later, the Asbestos Hazard Emergency Response Act of 1986 put asbestos restrictions on the inspection and removal of the material in educational institutions.

In 1989, the ABPR, or Asbestos Ban and Phase-Out Rule was put into place. This attempted to completely phase out and ban the manufacturing, importation, processing and sale of products containing asbestos. However, the asbestos industry opposed the ABPR because of the intense asbestos restrictions it suggested, and the ban was overturned in a court case.

Even though it was overturned, it was determined that the ban could still hold in place to cover certain products including flooring felt, commercial paper, specialty paper, rollboard, corrugated paper and any new uses of asbestos.

Many people believe that asbestos is banned outright in the United States, but the only products that are banned are the ones covered under the ABPR. Products such as brake pads, roofing products and fire retardant clothing are still allowed to be manufactured using asbestos.

Other legislative attempts at putting more asbestos restrictions into place have been tried, but many have failed. Most recently, the EPA added asbestos to a high priority list regarding chemical safety.

If you have been adversely affected by asbestos and have developed mesothelioma or asbestos lung cancer, you may benefit from speaking with an experienced attorney.