Understanding the Ongoing Risk of Asbestos

By Cotney Attorneys & Consultants

For most Americans, it may seem like the dangers of asbestos are a thing of the past, but that is far from true. Many buildings still contain the substance, and construction workers can be exposed to it on a regular basis. So, it is essential that you comprehend the risks and prioritize the protection of your crew.

What Is Asbestos?

Asbestos is a blanket term used for a classification of fibrous minerals that occur naturally and are known for being flexible, strong, and resistant to heat. The construction industry has used asbestos in many installed products, including pipe insulation, floor tiles, sprayed-on fireproofing, roofing felts and shingles, ceiling tiles, cement pipe and sheet, acoustical products, fire-resistant drywall, and drywall joint compounds.

What Are the Dangers?

When individuals ingest or inhale airborne asbestos fibers, those fibers can become embedded in the tissues of their respiratory or digestive systems. Asbestos exposure can result in severe and sometimes fatal medical conditions, such as lung cancer, gastrointestinal cancer, mesothelioma, and asbestosis (an illness similar to emphysema). Sometimes, these diseases do not produce symptoms for 20 or more years after first exposure.

Asbestos continues to be a threat to the health of construction workers, as well as the general population. In the United States, some applications and uses of asbestos have been banned; however, the natural silicate material is still legal. Few asbestos-containing products are still being installed today, so most workers experience exposure when removing asbestos or renovating and repairing buildings that still contain asbestos.

How Asbestos Came into Use

Some forms of asbestos have been used for thousands of years. Archeologists have found evidence of asbestos fibers in candle wicks that date to the Stone Age. Asbestos cloth was used to wrap some Egyptian pharaohs’ bodies and protect them from deterioration. In some cultures, asbestos fibers were used in clay pots to make them stronger and less resistant to fire.

In the 20th century, the use of asbestos increased as the United States grew and developed during industrialization. Asbestos was popular due to its durability and strength, its resistance to heat and fire, and its low mining and production costs. Its application increased even further during the active construction era following World War II.

Falling Out of Favor

Concerns about asbestos risk were voiced as early as the 1920s; however, it was not until the 1980s that medical studies solidly linked the substance to lung disease. Many manufacturers stopped using asbestos in their products after the health risks became well-known, but it can still be found throughout the country in residential, industrial, and commercial buildings erected decades before.

Many people might assume that asbestos is banned in the United States, but that is not the case. The Environmental Protection Agency (EPA) made an effort to ban the substance in 1989, but some regulations were overturned in a 1991 court ruling. New use of asbestos is restricted in many materials. However, current laws allow companies to use certain asbestos products in construction projects if they meet specified guidelines. Some legal asbestos-containing materials include roofing felt and coatings, vinyl floor tiles, millboard, cement sheets, shingles, pipeline wrap, pipes, non-roofing coatings, and fireproof clothing.

Protecting Your Workers

Construction workers can encounter asbestos throughout various projects. Asbestos-containing products can be hidden in older buildings and uncovered during renovation, maintenance, and demolition activities. If your workers are unaware of the dangers, they can be exposed to medical risk.

Make sure to train your workers to know where asbestos has been commonly used and how to recognize it. Ensure they have access to the appropriate personal protective equipment (PPE) and learn how to handle and dispose of the material.

Since asbestos may be concealed in older structures, your workers may not expect to find it or know how to identify it. And as asbestos-containing products age, they may break apart and release fibers into the air. Those fibers can be difficult to detect, and your workers can easily inhale or ingest them.

The Occupational Safety and Health Administration (OSHA) has published an Asbestos Standard for the Construction Industry, which outlines the protocols for handling the material. Ensure that you and your crew are educated on the prevalence of asbestos and its health risks.

Before starting any project, it is vital to do an asbestos risk assessment. If the substance is present, you must determine what type and quantity exists, understand the exposure risk, employ PPE and ventilation to control the exposure, devise a plan for disposing of it, decontaminate tools afterward, and have an emergency procedure for accidental exposure.

As older construction workers retire, the younger generation may be less aware of asbestos and how it can harm them. So, it is critical to educate your workers and ensure they know how to identify and handle this dangerous material. Protecting your crew from work-related injury and illness is your legal obligation. Taking steps to ensure that protection will keep them safe and can help your company stay viable for many years to come.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.