Workers' Compensation: Asbestos Ban: A Win for Workers

In a significant development for public health and worker safety, the Trump administration has withdrawn its plan to reconsider the Biden-era ban on chrysotile asbestos, the last form of asbestos still imported and used in the United States. This reversal comes after a period of uncertainty and public outcry, marking a crucial step toward finally addressing the long-standing threat of asbestos exposure in the United States.

Key Takeaway: The Environmental Protection Agency (EPA) will no longer pursue a notice-and-comment rule-making to evaluate potential changes to the Asbestos Part 1 Rule, meaning the existing ban on chrysotile asbestos remains in effect. This decision provides much-needed clarity and stability for the continued prohibition of this dangerous carcinogen.

For decades, asbestos has cast a dark shadow over public health, leaving a devastating trail of diseases. When asbestos-containing materials are disturbed, microscopic fibers are released, which, when inhaled, can become lodged deep within the lungs and other organs, leading to severe and often fatal illnesses with latency periods spanning decades. The primary health hazards include mesothelioma, a rare and aggressive cancer almost exclusively caused by asbestos exposure, as well as lung cancer and asbestosis. There is no safe level of asbestos exposure, and even minimal contact can pose a risk.

The EPA's 2024 rule, which prohibits the importation and ongoing use of chrysotile asbestos, was a landmark achievement. Chrysotile asbestos has been primarily used in products such as diaphragms in the chlor-alkali industry, brake blocks, and specialized gaskets. The ban aims to protect individuals from severe health risks, including various types of cancer. While the ban does include phase-out periods for specific uses and does not prohibit existing, already installed products, the administration's decision not to reconsider it reinforces the commitment to worker protection.

This outcome is particularly significant for American workers, who have historically faced disproportionate exposure to asbestos in various industries. The rule also mandates workplace information and training on the health effects of asbestos and the quantities involved, further safeguarding those at risk.

While many developed nations have long enacted comprehensive bans on all forms of asbestos, the United States has lagged. This recent development brings the U.S. closer to alignment with global standards, where over 50 countries have already implemented full asbestos bans. The ongoing legal challenges from industry groups against the restrictions remain, but for now, the path forward for a safer, asbestos-free future for American workers appears more secure.

Related Resources

Texas Chemistry Council v. EPA (24-60193), Court of Appeals for the Fifth Circuit (Docket) CourtListener