Mesothelioma symptoms often take years to manifest, and once diagnosed, its five-year survival rate is just 12%, according to the American Cancer Society. This aggressive disease claims thousands of lives nationwide every year.
Below, we outline the key laws and regulations related to asbestos and mesothelioma lawsuits, along with tips on finding the best mesothelioma lawyer to effectively handle your case.
Texas and Federal Asbestos Regulations
The federal government, primarily through the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA), heavily restricts and monitors asbestos use to safeguard public health.
EPA. The EPA first attempted to ban asbestos in 1989 under the Toxic Substances Control Act (TSCA) by prohibiting the manufacture, import and use of specific asbestos-containing products. However, in 1991, the Fifth Circuit Court of Appeals overturned most of this rule, allowing the majority of asbestos products back on the market. Only a few items—such as corrugated paper, rollboard and flooring felt—remained banned, along with any new uses of asbestos.
In 2019, the EPA implemented a new rule under TSCA, mandating that asbestos products not currently in use could not be reintroduced into the market without the agency’s evaluation and approval. This rule ensures that any reintroduced products containing asbestos undergo a thorough risk assessment. The regulation also allows the EPA to impose necessary restrictions on these products or prohibit their use entirely.
In March 2024, the EPA banned the remaining use of chrysotile asbestos, the most common type, which is strongly linked to lung cancer and mesothelioma. This rule has halted the import of this dangerous mineral and provided companies with a period to phase out its use in manufacturing.
OSHA. The Occupational Safety and Health Administration (OSHA) regulates asbestos exposure in the workplace, setting standards for its use in construction, shipyards and general industry. Employers must implement various safety measures, including providing personal protective equipment, conducting regular air monitoring and following proper asbestos abatement procedures.
Texas Department of State Health Services (DSHS). At the state level, the Texas DSHS oversees the Asbestos Program, which aims to protect residents from occupational and environmental diseases by identifying, evaluating and controlling asbestos-related health hazards.
Given the prevalence of this hazardous mineral in many Texas buildings and schools, the program deploys regional inspectors to monitor its removal and respond to community concerns. The state’s asbestos program also conducts outreach efforts focused on educating the public about the dangers of asbestos and encouraging voluntary compliance with state and federal laws.
Asbestos Hazard Emergency Response Act (AHERA). The EPA and Texas DSHS have collaborated to enact the Asbestos Hazard Emergency Response Act. The law’s purpose is to protect students and faculty from asbestos exposure in public, private and nonprofit schools. They provide asbestos training to maintenance staff at schools and conduct inspection and evaluation to ensure AHERA compliance.
Further, under AHERA, schools must also develop and maintain an asbestos management plan that identifies the presence and location of asbestos-containing materials within the school. These plans need to include detailed procedures to prevent disturbance of asbestos.
National Emission Standards for Hazardous Air Pollutants (NESHAP). The EPA has set forth federal standards that regulate emissions of hazardous materials like asbestos. It requires anyone interested in renovating or demolishing their property to perform a survey to identify the presence of asbestos in the structure before starting such a project.
In Texas, you must also notify the Texas DSHS about your projects so they can send a licensed person to perform the survey and remove the asbestos.
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