The EPA's November 2024 legacy asbestos risk evaluation confirmed what construction workers have known for years: asbestos remains a clear and present danger in American buildings, with OSHA estimating that 1.3 million workers face exposure during renovation, demolition, and maintenance activities [1]. Despite the March 2024 ban on new chrysotile asbestos uses, the millions of tons already installed in pre-1980 buildings continue to put workers at risk every day. If you work in construction, renovation, or building maintenance, understanding this ongoing risk—and your legal rights—has never been more important.
Executive Summary
The EPA's Part 2 risk evaluation for legacy asbestos uses, released November 2024, found unreasonable risk to 1.3 million construction and maintenance workers exposed to asbestos-containing materials in existing buildings [1]. While the March 2024 chrysotile ban addresses new uses, it does not remove the estimated asbestos present in 733,000+ commercial buildings and millions of homes nationwide [2][5]. OSHA identifies 14 high-risk occupational categories facing ongoing exposure [3]. A January 2024 study found that cutting asbestos cement pipes releases fibers at 50 times the OSHA permissible exposure limit [8]. Workers exposed during building renovation, demolition, or maintenance retain full legal rights to pursue compensation through asbestos trust fund claims and personal injury lawsuits. Approximately 3,000 Americans are still diagnosed with mesothelioma each year [6].
10 Key Facts About Legacy Asbestos Risk in 2026
- Workers at Risk: 1.3 million construction workers face ongoing asbestos exposure [1]
- EPA Finding: November 2024 evaluation confirmed unreasonable risk from legacy asbestos [1]
- Buildings Affected: 733,000+ commercial buildings contain asbestos materials [5]
- Products Used: Over 3,000 building products historically contained asbestos
- Annual Diagnoses: Approximately 3,000 new mesothelioma cases per year in the U.S. [6]
- Exposure Levels: Cement pipe cutting releases fibers at 50x the OSHA limit [8]
- Chrysotile Ban: March 2024 ban covers new uses only, not existing installations [2]
- High-Risk Jobs: 14 occupational categories identified by OSHA [3]
- OSHA PEL: 0.1 fibers per cubic centimeter over 8-hour shift [3]
- Latency Period: 20-50 years from exposure to mesothelioma diagnosis
What Did the EPA's November 2024 Legacy Asbestos Evaluation Find?
The EPA's Part 2 risk evaluation examined legacy uses of asbestos—materials already installed in buildings, infrastructure, and industrial equipment throughout the country [1]. This evaluation is separate from the March 2024 ban on new chrysotile asbestos uses [2].
Key Findings
The EPA determined that legacy asbestos poses unreasonable risk to human health in the following scenarios [1][11]:
- Building renovation: Workers disturbing asbestos-containing materials during remodeling
- Demolition operations: Tearing down buildings releases trapped asbestos fibers
- Maintenance and repair: Routine building maintenance exposes workers to deteriorating asbestos
- Disaster response: Natural disasters and fires release asbestos from damaged structures
- Disposal operations: Handling and transporting asbestos waste creates exposure risks
"The EPA's evaluation confirms what we've seen in case after case—workers are still being exposed to asbestos in 2026 because the materials installed decades ago remain in place. Every renovation job on a pre-1980 building carries potential risk, and too many contractors still cut corners on safety."
— Yvette Abrego, Senior Client Manager, Danziger & De Llano
Construction workers estimated by OSHA to face ongoing asbestos exposure in the United States
Where Does Asbestos Still Exist in Buildings Today?
Asbestos was incorporated into thousands of building products because of its fire resistance, durability, and insulating properties. The asbestos products database documents many of these materials. Buildings constructed before 1980 are most likely to contain asbestos in the following locations [5]:
Common Asbestos Locations in Older Buildings
| Building Component | Asbestos Product Types | Disturbance Risk |
|---|---|---|
| Floor Tiles and Adhesive | Vinyl asbestos tile (VAT), mastic | High during removal/renovation |
| Pipe and Duct Insulation | Asbestos wrap, duct connectors | High during HVAC and plumbing work |
| Ceiling Tiles | Acoustic tiles, suspended ceiling panels | Moderate during maintenance |
| Roofing Materials | Shingles, felts, flashing cement | High during roof replacement |
| Joint Compound | Drywall mud, texture coatings | High during sanding and removal |
| Cement Products | Cement pipes, siding, wallboard | Very high during cutting [8] |
| Fireproofing | Spray-on fireproofing, fire doors | High during renovation |
| Electrical Components | Wiring insulation, circuit breakers | Moderate during electrical work |
The Cement Pipe Cutting Problem
A January 2024 study published in the Annals of Work Exposures and Health found that cutting asbestos-cement pipes—a routine activity for construction and utility workers—releases asbestos fibers at concentrations 50 times the OSHA permissible exposure limit [8]. This finding is particularly alarming because asbestos-cement pipes remain in water distribution systems across the country, and workers often cut them without proper respiratory protection.
Which Workers Face the Greatest Legacy Asbestos Risk?
OSHA identifies 14 occupational categories with significant ongoing asbestos exposure risk [3][4]. The construction worker exposure profile documents the specific risks each trade faces.
High-Risk Occupations for Legacy Asbestos Exposure
| Occupation | Primary Exposure Activities | Estimated Workers at Risk |
|---|---|---|
| Demolition Workers | Building teardown, material removal | Very High exposure potential |
| Renovation Contractors | Remodeling older buildings | Very High exposure potential |
| HVAC Technicians | Duct insulation, boiler work | High exposure potential |
| Plumbers and Pipefitters | Pipe insulation removal, cement pipe cutting | High exposure potential |
| Electricians | Wire insulation, panel work in older buildings | Moderate exposure potential |
| Roofers | Removing old roofing materials | High exposure potential |
| Carpenters | Cutting through walls with asbestos materials | Moderate-High exposure potential |
| Maintenance Workers | Ongoing facility maintenance in older buildings | Moderate exposure potential |
"I work with construction and industrial workers every day, and the reality is that many still don't realize the building they're renovating contains asbestos until it's too late. The EPA evaluation confirms what we see in practice—the danger is far from over."
— Yvette Abrego, Senior Client Manager, Danziger & De Llano
How Does the 2024 Chrysotile Ban Relate to Legacy Asbestos Risk?
In March 2024, the EPA finalized a comprehensive ban on chrysotile asbestos under the Toxic Substances Control Act (TSCA) [2]. However, it is critical to understand what this ban does and does not cover:
What the Chrysotile Ban Covers
- New imports: Prohibits importing raw chrysotile asbestos into the United States
- New manufacturing: Bans production of new chrysotile-containing products
- Chlor-alkali industry: 12-year phase-out for the last remaining industrial use
- New applications: Prevents any new uses of chrysotile asbestos going forward
What the Ban Does NOT Cover
- Existing installations: Asbestos already in buildings, infrastructure, and equipment remains in place
- Other asbestos types: Amosite, crocidolite, and other forms were not specifically addressed (already rarely imported)
- Removal mandate: Building owners are not required to remove existing asbestos materials
- Ongoing exposure: Workers who encounter legacy asbestos continue to face health risks
Commercial and public buildings estimated to contain asbestos-containing materials in the United States
What Safety Standards Protect Workers from Legacy Asbestos?
OSHA's asbestos standards for the construction industry (29 CFR 1926.1101) establish specific requirements for any work that may disturb asbestos-containing materials [3][4]:
Employer Requirements Before Work Begins
- Building survey: Identify all asbestos-containing materials before renovation or demolition
- Written exposure assessment: Document expected exposure levels and control measures
- Worker notification: Inform all workers about the presence and location of asbestos
- Training: Provide OSHA-required asbestos awareness or operations training
- Medical surveillance: Offer baseline and annual medical examinations for exposed workers
During Asbestos Work
- Air monitoring: Continuous monitoring to verify exposure levels remain below the PEL [3]
- Respiratory protection: Appropriate respirators when exposure exceeds limits
- Wet methods: Keeping materials damp to minimize fiber release
- Containment: Enclosing work areas with plastic sheeting and negative air pressure
- Proper disposal: Labeled containers and licensed disposal facilities
When Employers Violate These Standards
Workers who were exposed to asbestos because their employer failed to follow OSHA standards have strong legal claims. Common violations include:
- Failing to test for asbestos before renovation work
- Not providing respiratory protection or training
- Ignoring known asbestos hazards to save time or money
- Using improper removal methods that create unnecessary exposure
- Not conducting required air monitoring during asbestos work
"When an employer knows there's asbestos in a building and sends workers in without protection, that's negligence—and it happens far more often than people think. OSHA citations are just the beginning. These workers deserve full compensation for the risk they were subjected to."
— Yvette Abrego, Senior Client Manager, Danziger & De Llano
What Legal Options Exist for Workers Exposed to Legacy Asbestos?
Workers who develop mesothelioma or other asbestos-related diseases from legacy exposure have multiple legal pathways to compensation. The mesothelioma claim process applies regardless of when exposure occurred.
Personal Injury Claims
Workers can file lawsuits against:
- Building owners: Who failed to identify and manage asbestos before authorizing renovation work
- General contractors: Who failed to conduct pre-work asbestos surveys
- Employers: Who failed to protect workers from known asbestos hazards
- Property managers: Who knew about asbestos and failed to disclose it
Asbestos Trust Fund Claims
Even when exposure occurs during modern renovation work, the original manufacturers of asbestos-containing products may be liable through their bankruptcy trust funds. With over 60 active trusts holding $30 billion, workers can file claims against the companies that manufactured the asbestos products they encountered [15].
Workers' Compensation
Workers who develop asbestos-related diseases from occupational exposure can file workers' compensation claims in most states. However, workers' compensation typically provides lower benefits than personal injury lawsuits, and it does not prevent workers from also pursuing trust fund claims.
Why Does Legacy Asbestos Exposure Still Cause 3,000 Mesothelioma Cases Per Year?
Despite decades of regulation and declining industrial asbestos use, mesothelioma diagnoses have remained relatively stable at approximately 3,000 cases per year [6]. Several factors explain this ongoing toll:
The 20-50 Year Latency Period
Mesothelioma has one of the longest latency periods of any occupational disease. Workers exposed in the 1970s-1990s are now being diagnosed, and those exposed to legacy asbestos today may not develop symptoms until 2040-2070.
Ongoing Occupational Exposure
The EPA's evaluation confirms that meaningful asbestos exposure continues to occur in construction, renovation, and maintenance work [1]. Without a mandate to remove existing asbestos from buildings, exposure will continue for decades.
Secondary Exposure Risk
Workers who disturb asbestos during the workday can carry fibers home on their clothing, exposing family members to secondary asbestos exposure. This pathway has been documented in numerous medical studies and legal cases.
Americans diagnosed with mesothelioma each year, a number that has remained stable despite regulation
How Can Workers Protect Themselves from Legacy Asbestos?
Practical steps that construction and maintenance workers should take to minimize their exposure risk include [3][4][14]:
- Assume asbestos is present: Treat all pre-1980 building materials as potentially containing asbestos until tested
- Demand testing: Insist on professional asbestos testing before disturbing any suspect materials
- Use proper PPE: Wear appropriate respiratory protection when working near potential asbestos
- Know your rights: OSHA requires employers to train you about asbestos hazards and provide protection
- Document everything: Keep records of job sites, materials encountered, and any exposure incidents
- Decontaminate: Change clothes and shower before going home to prevent secondary exposure
- Report violations: File OSHA complaints if your employer fails to provide adequate protection
What Should You Do If You've Been Exposed to Legacy Asbestos?
If you believe you have been exposed to asbestos during construction, renovation, or maintenance work, take these steps immediately:
- Document the exposure: Record the date, location, employer, materials involved, and duration of exposure
- Report to your employer: File a written report documenting the exposure incident
- Seek medical evaluation: Tell your doctor about your asbestos exposure history; request baseline chest imaging
- Preserve evidence: Keep copies of employment records, pay stubs, and any photographs from the job site
- Consult an attorney: An experienced mesothelioma attorney can evaluate your legal options, even before a diagnosis occurs
Understanding the statute of limitations in your state is critical, as filing deadlines begin from the date of diagnosis, not from the date of exposure.
Sources
- U.S. Environmental Protection Agency — Risk Evaluation for Asbestos Part 2: Legacy Uses (November 2024)
- U.S. Environmental Protection Agency — Final Rule: Chrysotile Asbestos Ban Under TSCA (March 2024)
- Occupational Safety and Health Administration — Asbestos Standards for Construction Industry
- OSHA — Fact Sheet: Asbestos in Construction
- U.S. Environmental Protection Agency — Asbestos in Buildings: National Survey Data
- Centers for Disease Control and Prevention — Mesothelioma Incidence and Mortality Statistics
- NIOSH — Construction Worker Asbestos Exposure Assessment
- Annals of Work Exposures and Health — Cement Pipe Cutting and Asbestos Fiber Release Study (January 2024)
- U.S. Environmental Protection Agency — AHERA: Asbestos Hazard Emergency Response Act
- U.S. Environmental Protection Agency — Asbestos NESHAP Requirements
- U.S. Environmental Protection Agency — TSCA Risk Evaluation Process
- American Journal of Industrial Medicine — Asbestos Exposure During Renovation and Demolition (2024)
- Bureau of Labor Statistics — Construction Industry Occupational Disease Data
- CPWR — Center for Construction Research and Training
- U.S. Government Accountability Office — Asbestos Abatement and Worker Safety Report
About the Author
Yvette AbregoSenior Client Manager specializing in industrial and construction worker cases
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