1. Introduction
The Occupational Safety and Health Administration (OSHA) was created in 1970 to protect workers from health and safety hazards in the workplace. Among the most pressing dangers it faced at its inception was asbestos—a naturally occurring mineral used widely in construction, shipbuilding, and manufacturing for its fire-resistant properties. However, by the time OSHA was formed, the devastating health impacts of asbestos exposure, including mesothelioma, asbestosis, and lung cancer, were already known. The agency’s slow response in regulating and enforcing asbestos safety standards has drawn criticism from workers’ rights advocates, medical professionals, and legal experts.
This article explores OSHA’s historical response to asbestos, examining how regulatory delays and industry influence may have contributed to avoidable harm. We will analyze the background of asbestos use, OSHA’s key actions (and inactions), the major players in enforcement and opposition, and what this history teaches us about government oversight. Finally, we’ll provide strategic takeaways and outlooks for workers, buyers, and industries still managing asbestos risks today.
2. Background & Context
Asbestos use surged in the 20th century, especially during and after World War II, thanks to its affordability, fire resistance, and strength. It was used in over 3,000 consumer and industrial products—from insulation and cement to brake pads and roofing materials. However, health concerns were raised as early as the 1930s. Studies in the UK and the U.S. linked asbestos exposure to deadly lung conditions, and by the 1960s, the connection between asbestos and mesothelioma was widely accepted in medical literature [CDC].
Despite this, the U.S. lagged in regulating asbestos. OSHA was established under the Occupational Safety and Health Act of 1970 to address workplace hazards, including toxic substances like asbestos. Its mission was clear, but its execution was hampered by limited resources, bureaucratic inertia, and fierce lobbying by powerful industries reliant on asbestos-based products [OSHA].
The 1970s saw initial attempts to limit workplace asbestos exposure, but these standards often fell short of protecting workers. OSHA’s permissible exposure limits (PELs) remained dangerously high for years, and enforcement was inconsistent. Moreover, OSHA’s jurisdiction was limited to the workplace, ignoring broader public health implications.
In this context, OSHA’s delayed and piecemeal approach to asbestos regulation raises a critical question: did it act too little, too late?
3. Key Highlights from the Report
OSHA’s regulatory timeline regarding asbestos reveals a patchwork of delayed responses, inadequate standards, and inconsistent enforcement. Key highlights from this historical trajectory demonstrate both progress and missed opportunities.
1971: Initial PELs Set
Shortly after OSHA’s formation, it adopted a permissible exposure limit (PEL) of 12 fibers per cubic centimeter (f/cc) of air for asbestos—a level already considered unsafe by many researchers [NIOSH]. This initial regulation was more about aligning with existing industry norms than setting new safety benchmarks.
1976–1986: Slowly Lowered Exposure Limits
In 1976, OSHA reduced the PEL to 5 f/cc, and then again in 1986 to 0.2 f/cc. Each reduction followed public pressure and mounting scientific evidence, not proactive regulation. During this period, OSHA also introduced requirements for medical surveillance and protective equipment [EPA History].
However, critics argue that these steps were too incremental. The National Institute for Occupational Safety and Health (NIOSH) had already recommended a PEL of 0.1 f/cc in 1976—ten years before OSHA adopted that limit in 1994 [NIOSH Criteria Document].
1989: The EPA’s Asbestos Ban and Phase-Out
While not an OSHA initiative, the Environmental Protection Agency (EPA) attempted to ban most asbestos-containing products in 1989 under the Toxic Substances Control Act (TSCA). However, in 1991, the Fifth Circuit Court of Appeals overturned much of the ban, allowing many asbestos products to remain legal in the U.S. [EPA Asbestos Overview].
OSHA did little to respond, maintaining workplace exposure limits but failing to implement stricter product or handling bans.
2000s–Present: Minimal Updates, Persistent Problems
Despite increasing awareness, OSHA has made few significant regulatory changes in the past two decades. The PEL remains at 0.1 f/cc—higher than the no-safe-level stance taken by many global health bodies [WHO].
Enforcement has also been lax. A 2018 report by the U.S. Department of Labor’s Office of Inspector General found that OSHA’s asbestos inspection rates were insufficient, particularly in construction and renovation industries, where legacy asbestos is common [OIG Report].
4. Deep Dive on Top Vendors
While OSHA is a regulatory body, several other entities—governmental, corporate, and non-profit—play key roles in shaping the landscape of asbestos control and compliance. These “vendors” include policy influencers, advocacy groups, and industrial players.
1. National Institute for Occupational Safety and Health (NIOSH)
NIOSH serves as the research arm for occupational health in the U.S. It has consistently advocated for stricter asbestos limits, often ahead of OSHA. Its recommendations have influenced but not always dictated OSHA policy. NIOSH’s Criteria Document for a Recommended Standard remains a benchmark for occupational health scientists.
2. Environmental Protection Agency (EPA)
The EPA regulates asbestos in consumer products and public buildings rather than workplaces. It attempted a full asbestos ban in 1989, only to have most of it overturned. Still, the EPA plays a critical role in asbestos hazard assessments, particularly through its Asbestos Hazard Emergency Response Act (AHERA) which governs school building inspections.
In 2023, the EPA proposed a new risk evaluation under TSCA aiming to ban chrysotile asbestos entirely—a move that, if finalized, would finally align U.S. policy with those of many industrialized nations [EPA News].
3. Industrial Vendors & Trade Associations
Major players in construction, shipbuilding, and automotive industries historically opposed stricter asbestos regulation, arguing about economic impacts and feasibility. Trade associations like the Asbestos Information Association (AIA) lobbied heavily against bans, claiming that “safe use” was possible.
Some companies have pivoted toward safer alternatives and asbestos abatement services. Firms like AECOM and TRC Companies now provide asbestos remediation services and training, capitalizing on the legacy asbestos issue.
4. Nonprofits and Advocacy Groups
Organizations like the Asbestos Disease Awareness Organization (ADAO) and the Environmental Working Group (EWG) have played watchdog roles. They expose corporate malfeasance and push for tougher legislation. ADAO’s annual reports have been instrumental in keeping public attention on asbestos risks long after its peak use.
5. Strategic Takeaways for Buyers
Despite decades of regulation, asbestos remains a present-day threat in older buildings, ships, and infrastructure. Buyers—whether property managers, industrial procurement teams, or government contractors—must remain vigilant.
1. Know Your Property’s Age and History
Properties built before 1980 are highly likely to contain asbestos in insulation, floor tiles, ceiling panels, and pipe wrapping. Conduct a full asbestos survey before initiating any renovation, demolition, or HVAC work [OSHA Guidance].
2. Demand Certified Abatement
Use only licensed asbestos abatement professionals. DIY removal is illegal and hazardous. OSHA requires that contractors follow strict containment and disposal procedures—buyers must verify credentials and ensure full compliance.
3. Monitor Vendor Certifications
Whether purchasing materials or contracting services, ensure vendors comply with OSHA standards and EPA regulations. Seek out vendors with positive compliance records and third-party certifications, such as those recognized by the American Industrial Hygiene Association (AIHA).
4. Understand Liability and Insurance
Buyers should confirm asbestos liability coverage in property and general liability insurance. Neglecting asbestos risk management can lead to lawsuits, fines, and even criminal charges in the event of exposure-related harm [NIH].
6. Future Outlook or Market Trends
The push for a complete asbestos ban in the United States is gaining renewed momentum. The EPA’s proposed rule in 2023 to eliminate chrysotile asbestos could be a watershed moment if finalized. This would finally close a loophole that allows asbestos in certain brake pads, gaskets, and imported products [EPA 2023 Proposal].
Market Trends
- Asbestos Abatement Industry Growth: The U.S. asbestos abatement market is projected to exceed $3 billion by 2028, driven by infrastructure revitalization, aging buildings, and stricter compliance requirements [ResearchAndMarkets].
- Digital Risk Assessments: Tech solutions are helping companies track asbestos risk through AI-driven modeling, especially in large real estate portfolios or naval asset management.
- International Pressure: The U.S. remains one of the few industrialized nations without a full asbestos ban. Global advocacy, particularly from the WHO and EU, is increasing the pressure for reform [WHO Asbestos Policy].
7. Conclusion + Call to Action
The story of OSHA and asbestos is a cautionary tale of regulatory delay in the face of undeniable science. While OSHA has made some progress in reducing exposure limits and enforcing safety practices, its actions often came decades after the dangers were well understood. For many workers, the consequences were deadly—and avoidable.
Today, the responsibility lies with informed buyers, employers, and policymakers to go beyond minimum compliance. With better technology, heightened awareness, and stronger advocacy, the tide may finally be turning against asbestos.
Call to Action: If you manage or purchase property or industrial assets, invest in a full asbestos assessment. Demand certified abatement services. Advocate for stronger protections in your industry. Most importantly, support policies that finally ban asbestos altogether—because the next chapter of this history shouldn’t be written in lives lost.
