Legacy Asbestos Risk: EPA's 2024 Evaluation Reveals 1.3 Million Workers Still Exposed in 2026

The EPA's November 2024 legacy asbestos risk evaluation confirmed what construction workers have known for years: the mineral 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 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.

10 Key Facts About Legacy Asbestos Risk in 2026

• Workers at Risk: 1.3 million construction workers face ongoing exposure [1]
• EPA Finding: November 2024 evaluation confirmed unreasonable risk from legacy ACM [1]
• Buildings Affected: 733,000+ commercial buildings contain ACM [5]
• Products Used: Over 3,000 building products historically contained the mineral
• Annual Diagnoses: Approximately 2,700 to 3,000 new pleural 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 ACM [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—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 uses [2].

Key Findings

The EPA determined that legacy ACM poses unreasonable risk to human health in the following scenarios [1][11]:

• Building renovation: Workers disturbing ACM during remodeling
• Demolition operations: Tearing down buildings releases trapped fibers
• Maintenance and repair: Routine building maintenance exposes workers to deteriorating materials
• Disaster response: Natural disasters and fires release fibers from damaged structures
• Disposal operations: Handling and transporting contaminated 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

Where Does Asbestos Still Exist in Buildings Today?

The mineral was incorporated into thousands of building products because of its fire resistance, durability, and insulating properties. The products database [17] documents many of these materials. Buildings constructed before 1980 are most likely to contain ACM in the following locations [5]:

Common Asbestos Locations in Older Buildings

Building Component	Product Types	Disturbance Risk
Floor Tiles and Adhesive	Vinyl tile (VAT), mastic	High during removal/renovation
Pipe and Duct Insulation	Pipe 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 cement pipes containing the mineral—a routine activity for construction and utility workers—releases fibers at concentrations 50 times the OSHA permissible exposure limit [8]. This finding is particularly alarming because these 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 exposure risk [3][4]. The construction worker exposure profile [18] 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 containing ACM	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 hazardous materials 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 chrysotile ban 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 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 chrysotile uses going forward

What the Ban Does NOT Cover

• Existing installations: Materials already in buildings, infrastructure, and equipment remain in place
• Other fiber types: Amosite, crocidolite, and other forms were not specifically addressed (already rarely imported)
• Removal mandate: Building owners are not required to remove existing ACM
• Ongoing exposure: Workers who encounter legacy materials continue to face health risks

What Safety Standards Protect Workers from Legacy Asbestos?

OSHA's construction standards (29 CFR 1926.1101) establish specific requirements for any work that may disturb ACM [3][4]:

Employer Requirements Before Work Begins

• Building survey: Identify all ACM 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 hazardous materials
• Training: Provide OSHA-required awareness or operations training
• Medical surveillance: Offer baseline and annual medical examinations for exposed workers

During Abatement 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 because their employer failed to follow OSHA standards have strong legal claims. Common violations include:

• Failing to test for ACM before renovation work
• Not providing respiratory protection or training
• Ignoring known hazards to save time or money
• Using improper removal methods that create unnecessary exposure
• Not conducting required air monitoring during abatement work

"When an employer knows there's a hazard 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 related diseases from legacy exposure have multiple legal pathways to compensation. The mesothelioma claim process [19] applies regardless of when exposure occurred.

Personal Injury Claims

Workers can file lawsuits against:

• Building owners: Who failed to identify and manage ACM before authorizing renovation work
• General contractors: Who failed to conduct pre-work surveys
• Employers: Who failed to protect workers from known hazards
• Property managers: Who knew about the hazard and failed to disclose it

Asbestos Trust Fund Claims

Even when exposure occurs during modern renovation work, the original manufacturers of products containing the mineral 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 products [17] they encountered [15].

Workers' Compensation

Workers who develop occupational diseases from 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 Thousands of Mesothelioma Cases Per Year?

Despite decades of regulation and declining industrial use of the mineral, CDC data show that mesothelioma diagnoses have remained relatively stable, with 2,669 cases reported in 2022 [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 materials today may not develop symptoms until 2040-2070.

Ongoing Occupational Exposure

The EPA's evaluation confirms that meaningful exposure continues to occur in construction, renovation, and maintenance work [1]. Without a mandate to remove existing ACM from buildings, exposure will continue for decades.

Secondary Exposure Risk

Workers who disturb ACM during the workday can carry fibers home on their clothing, exposing family members to secondary exposure [20]. This pathway has been documented in numerous medical studies and legal cases.

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 ACM is present: Treat all pre-1980 building materials as potentially hazardous until tested
• Demand testing: Insist on professional testing before disturbing any suspect materials
• Use proper PPE: Wear appropriate respiratory protection when working near potential ACM
• Know your rights: OSHA requires employers to train you about these 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 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 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 [21] in your state is critical, as filing deadlines begin from the date of diagnosis, not from the date of exposure.

Sources

1. [1] U.S. Environmental Protection Agency — Risk Evaluation for Asbestos Part 2: Legacy Uses (November 2024)
2. [2] U.S. Environmental Protection Agency — Final Rule: Chrysotile Asbestos Ban Under TSCA (March 2024)
3. [3] Occupational Safety and Health Administration — Asbestos Standards for Construction Industry
4. [4] OSHA — Fact Sheet: Asbestos in Construction
5. [5] U.S. Environmental Protection Agency — Asbestos in Buildings: National Survey Data
6. [6] Centers for Disease Control and Prevention — Incidence of Malignant Mesothelioma
7. [7] NIOSH — Construction Worker Asbestos Exposure Assessment
8. [8] Annals of Work Exposures and Health — Cement Pipe Cutting and Asbestos Fiber Release Study (January 2024)
9. [9] U.S. Environmental Protection Agency — AHERA: Asbestos Hazard Emergency Response Act
10. [10] U.S. Environmental Protection Agency — Overview of the Asbestos NESHAP
11. [11] U.S. Environmental Protection Agency — EPA Finalizes Part 2 TSCA Risk Evaluation for Asbestos
12. [12] American Journal of Industrial Medicine — Asbestos Exposure During Renovation and Demolition (2024)
13. [13] Bureau of Labor Statistics — Construction Industry Occupational Disease Data
14. [14] CPWR — Center for Construction Research and Training
15. [15] U.S. Government Accountability Office — Asbestos Abatement and Worker Safety Report
16. [16] WikiMesothelioma — Asbestos Trust Funds
17. [17] WikiMesothelioma — Asbestos Products Database
18. [18] WikiMesothelioma — Construction Worker Exposure Profile
19. [19] WikiMesothelioma — Mesothelioma Claim Process
20. [20] WikiMesothelioma — Secondary Exposure
21. [21] WikiMesothelioma — Statute of Limitations by State