Chronology of asbestos bans, restrictions & regulations

Since the early 1970s, nation states have been introducing restrictions and bans on the mining, production and use of asbestos. The early adopters of asbestos bans implemented restrictions on the use of crocidolite, amosite and tremolite (the amphibole fibres) in the first instance, with bans on chrysotile (white) asbestos being introduced some years later.

First moves to ban or restrict asbestos

In 1972, Denmark banned the use of asbestos material for thermal and noise insulation and waterproofing; in 1973, the United States, banned sprayed asbestos-containing material for fireproofing and insulation; and also in 1973, Sweden proscribed the use of sprayed asbestos-containing fireproofing.[i]

United States and Canada

In the mid-1980s, the United States (US) Environmental Protection Agency (EPA) commenced plans for phasing out all asbestos use. Due to a concerted effort by the asbestos industry, with support from the Quebec and Canadian Governments, a legal challenge was successful in overturning the US Asbestos Ban and Phase-out Rule in October 1991. As of June 2022, there still is no ban on asbestos in place however, recent moves by the US Environmental Protection Agency to prohibit use of chrysotile, the only form of asbestos fibre currently imported into the US, is a promising development [ii].

Europe

In October 1996, five years after the US ban was vacated, the French Government announced plans to ban asbestos; in retaliation, the Canadian Government launched a legal challenge at the World Trade Organization (WTO). On 12 March 2001, the WTO’s Appellate Body confirmed that Member Governments were indeed entitled to protect populations from exposures to toxic substances such as asbestos.

The adoption of the French ban in December 1996, provided the momentum for the European Union (EU) to take action; Commission Directive 1999/77/EC of 26 July 1999 on dangerous substances and preparations [iii] mandated that as of January 1, 2005, the use of all types of asbestos fibre and all asbestos-containing products – with a time-barred exemption for asbestos-containing diaphragms used for electrolysis in certain chlorine plants – was to be prohibited throughout the EU [iv, v].

Rest of the World

Outside of Europe, the phased approach of first banning the use of one or more of the amphiboles was adopted in Indonesia (1985), Sri Lanka (1987), Japan (1995), Hong Kong (1996), Lebanon (1998), Russia (1999), Malaysia (1999), Argentina (2000), Philippines (2000), Oman (2002) and China (2002). More recently, bans have been introduced in New Zealand (2016), Canada (2018) and Colombia (2019) [i].

References

i. Chronology of asbestos bans and restrictions

Asbestos Ban List – International Ban Asbestos Secretariat

ii. EPA Proposes to Ban Ongoing Uses of Asbestos, Taking Historic Step to Protect People from Cancer Risk

EPA Proposes Ban on Ongoing Uses of Asbestos to Protect Public Health

iii. Commission Directive 1999/77/EC of 26 July 1999 on dangerous substances and preparations (asbestos)

EU Directive 1999/77/EC – Ban of Asbestos-Containing Products

iv. Europe Bans Asbestos!

Status of Asbestos Ban in Sri Lanka and EU – IBA Secretariat

v. Commission extends ban on asbestos products in EU.

European Commission Extends EU Ban on Asbestos Products

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