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is asbestos still being used today or did they actually ban it

Veteran · · 34 views
So I've been asking around since my diagnosis and the answer pissed me off. They didn't actually ban it. It's restricted but not banned, which is basically the government saying "we know it kills people but here's a loophole."

They banned it in like 1989 for most stuff but then reversed a bunch of that in 1991. Some asbestos products are still legal to sell and use in the US right now. Insulation, brake pads, certain gaskets. It's still out there.

I was at Camp Lejeune from 1978 to 1982 and the barracks had asbestos wrapped around pipes everywhere. Nobody told us anything. Then I spent time on the USS Iwo Jima and same deal. We were just living in it, breathing it, and the government knew the whole time.

What really gets me is they knew in the 70s and 80s that this stuff causes meso. They had the data. But it wasn't profitable to stop using it so they just... didn't. And now here we are.

If you were military like me or worked in construction, HVAC, shipyards, any of that, the odds are you got exposed to asbestos that was legal at the time. That's not your fault. But it matters for your VA claim and your lawsuit. Document where you worked and when.

Anyway, to answer the question: no, it's not fully banned. And yeah, that's messed up.

11 Replies

Veteran
You're right and it burns me up too. I was aboard the Oriskany from '71 to '91 and that ship was basically a floating asbestos factory. Insulation, pipe wrap, deck tiles, gaskets in the engine room where I worked as a hull tech. They knew. Command knew. The Navy knew.

Here's what I did that helped with my VA claim when I got diagnosed this past June. I pulled my service records and made a detailed timeline of every space I worked in that had visible asbestos. The VA screener asked specific questions about where and when, not just "were you exposed." That specificity matters. I also found the Navy's own documentation about asbestos use on that class of carrier from the Naval History and Heritage Command. Took me about three weeks of digging but it was solid evidence.

The restricted vs banned thing is exactly the loophole you're talking about. They can still use it in certain brake linings and chlor-alkali plants. It's ridiculous. But for us it doesn't change much now. What matters is proving where you were and when.

Get your service medical records too if you can. Even if they don't mention asbestos, the dates and locations corroborate your timeline. My pleurectomy was August and recovery's going alright, but the paperwork fight before surgery took longer than the actual treatment.

Stay sharp on documenting everything. That paper trail is what protects you down the line.
Attorney Expert Response
Frank, the Oriskany exposure is actually well documented in litigation records. Ships built before 1980 used somewhere between 300 and 600 different asbestos-containing products in a single vessel, and the manufacturers knew exactly where their materials were going.

To your point about the 1991 reversal, that was Corrosion Proof Fittings v. EPA, and it gutted most of the 1989 ban. Courts ruled the EPA hadn't met its cost-benefit burden under TSCA. So legally, the industry won that round. The TSCA reform in 2016 gave EPA new authority but asbestos still hasn't been fully banned under it, which... yeah.

For the Camp Lejeune and USS Iwo Jima exposure specifically, there may be multiple overlapping claims worth looking at, VA benefits, the Camp Lejeune Justice Act of 2022, and a separate civil suit against product manufacturers. Those don't cancel each other out and the timelines and procedures are different for each. Please talk to an attorney about your specific situation before filing anything because the order you pursue them can matter.
3 found this helpful
Attorney Expert Response
The 1991 reversal you mentioned, that was Corrosion Proof Fittings v. EPA, Fifth Circuit struck down most of the EPA's 1989 ban. Twenty-plus years of litigation later and I still see cases where that decision is the reason someone's exposure was technically "legal." Doesn't mean there's no liability though.

What a lot of people don't realize is that the military cases often run on two tracks simultaneously. You can pursue VA benefits AND a civil lawsuit against manufacturers. They're not mutually exclusive. Camp Lejeune specifically also has the Camp Lejeune Justice Act of 2022 now, which opened a separate window for claims that had previously been blocked by North Carolina's statute of repose.

The documentation piece you mentioned at the end of your post is genuinely the most important practical thing anyone in this thread can do right now. Service records, ship assignments, work orders, even old union books. I had a client once who found a 1979 timesheet in a shoebox that placed him in a specific boiler room on a specific date. That document changed everything.

Jurisdiction matters a lot in these cases too, so please do talk to an attorney about your specific situation.
3 found this helpful
Veteran
Yeah man, same boat here. Navy knew what they were doing with that stuff on the Oriskany back in the 70s, and they just let us work around it like it was nothing.
Patient
Yeah the partial ban is infuriating, especially when you find out they knew the risks back when you were getting exposed at the plant. I've been digging through my old work records from Johns-Manville trying to document exactly when and where, because apparently that specificity matters for claims.
Veteran
Johns-Manville, yeah that's a name I've heard. The specificity definitely matters, especially for VA stuff. I'm about four months into my claim and they keep asking for dates, locations, unit numbers on the USS Iwo Jima, all of it. Having those old work records is gold because the government will drag their feet otherwise.

What years were you at the plant? And did they ever give you any safety training or warnings back then, or was it just "here's your job, see you later"?
Medical Expert Response
Patricia, digging through those Johns-Manville records is smart. That company's internal documents from the 1950s and 60s are some of the most damning evidence in the history of occupational medicine. The Selikoff studies (Irving Selikoff published his landmark findings on insulation workers in 1964 in JAMA) essentially confirmed what the industry already knew privately. What a lot of people don't realize is that the latency period for mesothelioma runs 20 to 50 years, so someone exposed in 1978 like the original poster might not see a diagnosis until the 2000s or 2010s. That gap is part of why the legal and medical trail gets complicated. Your records from that era matter enormously, both for your care team trying to piece together exposure history and for any legal process. I'd bring everything you find to your oncologist at your next visit too, because exposure duration and intensity can sometimes influence treatment decisions.
2 found this helpful
Veteran
You're right to be angry. I found out the same thing when my VA rep walked me through the exposure history for my claim. Asbestos is still legal in some applications and that's a fact that doesn't sit well with anybody who got sick from it.

I was on the Oriskany from 71 to 91 and the ship was basically built with asbestos everywhere. Insulation on steam lines, gaskets, floor tiles, spray coating in the engine rooms. We didn't have masks half the time because nobody treated it like a hazard. They knew. The Navy absolutely knew. We had safety briefs about everything else but asbestos was just... there. Part of the job.

The thing that got me was finding out during my VA screening in June that the stuff I was breathing in the 80s is still technically legal to import and use today in certain products. Brake pads, clutch facings, some gaskets. The EPA restricted it but didn't ban it outright, which means manufacturers can still use it under certain conditions. That's the loophole you're talking about.

For your claim, document everything. Dates, ships, bases, job titles. I had to pull records from Norfolk Naval Station and USS Oriskany archives and that paper trail made a difference. The VA needed specifics about where I worked and what I was exposed to. If you were at Lejeune or on the Iwo Jima you've got solid documentation to work with.

The anger is justified. Just channel it into getting your claim filed properly.
Medical Expert Response
You're right on all of it, and I want to be clear that your anger is completely justified from a medical and policy standpoint.

The 1989 EPA ban was overturned by the Fifth Circuit Court in 1991, and what we were left with is a patchwork of restrictions that still allows certain asbestos-containing products into commerce. I had a patient in 2019 who had worked with imported chlor-alkali diaphragms not knowing they contained chrysotile asbestos, which is technically still permitted under current rules. Perfectly legal exposure, decades after we knew exactly what it causes.

The latency period (the time between exposure and diagnosis) for mesothelioma is typically 20 to 50 years, which is why we're still seeing diagnoses from 1970s and 1980s military service right now. The NIOSH data on shipyard workers has been consistent on this for a long time. Camp Lejeune and the Navy fleet specifically show up repeatedly in occupational exposure research because of how heavily asbestos was used in pipe insulation and ship construction through that era.

For your VA claim, the specificity you already have, the ship name, the dates, the description of where the asbestos was, that's genuinely useful. A lot of claims fall apart on documentation so what you've described here is worth putting in writing formally.

Talk to your oncologist about how your exposure history might affect treatment decisions too, because it sometimes matters.
2 found this helpful
Veteran
Yeah, that chrysotile stuff is what really gets under my skin. People think "oh it's just restricted" like that means it's safe, but restricted just means they're still selling it to someone. And most folks have no idea what they're handling. Your patient probably never thought twice about it until symptoms showed up years later.

The Fifth Circuit thing in 91 was basically the government saying the ban was too strict. Too strict. For a substance that causes mesothelioma. Still angry about that one.
Veteran
You're right and it burns me up too. I was at Lejeune 78 to 82 and the asbestos was everywhere. Pipes, insulation on the steam lines, ceiling tiles in the barracks. We'd bang on stuff and clouds would come off. Nobody said a word about it back then. Just part of the job.

The VA claim process is where this really matters. Filed mine in November after my October diagnosis and I'm still waiting. Three months and nothing. But when you file you need to document exactly where you were exposed and when. I listed Camp Lejeune specifically, the barracks numbers, and the USS Iwo Jima with dates. Get your service records if you can. The VA will cross reference them anyway but having it all lined up helps.

What nobody tells you is the VA claim and any legal action are separate things. The claim is slow as hell but it's the government paying out. I got surgery in December and they're covering the treatment even though the claim isn't officially approved yet. That's something at least.

The thing that gets me is you did your job. You served. You weren't told this stuff would kill you. The government knew and didn't care because asbestos was cheap and profits mattered more. That's the reality. So make sure you get everything documented and filed properly. Don't leave money on the table because the system is slow.

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