Federal and State Laws for Responding to Asbestos Home Contamination

Read about the federal and state laws regarding asbestos contamination in the home from the Centers for Disease Control and Prevention (CDC).  Those exposed to asbestos are at risk to develop serious lung diseases such as mesothelioma, asbestos-related lung cancer and asbestosis.

Seven statutes provide Federal agencies with some mechanisms for responding to or preventing workers' home contamination. Twenty rules or standards in the Code of Federal Regulations (CFR) address workers' home contamination or have elements that serve to protect workers' families.

Under the Occupational Safety and Health Act of 1970 (Public Law 91-596), NIOSH research assessing the health of workers has also addressed the exposure of their families to workplace contaminants, resulting in recommendations to prevent home contamination. The Occupational Safety and Health Administration (OSHA) regulations and actions intended to protect workers also help assure that families are protected. In addition, OSHA can promulgate standards to protect workers' family members when workers are required to live in housing provided by the employer as a condition of employment. Under the Federal Mine Safety and Health Act of 1977 (Public Law 95-164), the Mine Safety and Health Administration (MSHA) has limited regulatory authority to address issues of workers' home contamination.

The U.S. Environmental Protection Agency (EPA) has broad authority under the Toxic Substances Control Act (Public Law 94-469) to regulate chemicals and to obtain information about the adverse effects of chemicals. In addition, EPA has specific authority and responsibility regarding the use of asbestos and lead. Under the Federal Insecticide, Fungicide, and Rodenticide Act (Public Law 92-516), EPA also regulates the use and disposal of pesticides (which also helps to protect workers' families). EPA and the Agency for Toxic Substances and Disease Registry (ATSDR) are authorized under the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499) to address hazardous waste and releases of hazardous substances that may relate to identifying contamination of workers' homes and assuring decontamination.

Thirty states and Puerto Rico responded to the requests from NIOSH for information about State laws. Most indicated that there were no laws specific to workers' home contamination or protection of workers' family members. Some States identified laws requiring the reporting of cases of elevated blood lead levels and pesticide poisonings to a State agency; other States identified laws related to work at hazardous waste sites and emergency responses to releases of hazardous substances. An examination of occupational safety and health regulations of States with OSHA-approved occupational safety and health programs revealed none more stringent than Federal OSHA regulations, with respect to the protection of workers' families. However, extension of occupational safety and health regulations to state and local government employees in these States also helps protect the families of public employees' in these States.