Asbestos Laws in Pennsylvania

Asbestos Laws in Pennsylvania

Asbestos Laws in Pennsylvania

Asbestos was once widely used in building materials for its durability and heat resistance. However, it’s now known to be extremely hazardous to human health. Inhalation of asbestos fibers can lead to serious diseases such as asbestosis, lung cancer, and mesothelioma. As a result, strict regulations exist at both the federal and state levels to control the use, handling, and removal of asbestos-containing materials (ACMs).

In Pennsylvania, the state government enforces a comprehensive set of laws aimed at protecting workers, residents, and the environment from asbestos-related risks. These laws govern training, certification, work practices, and reporting requirements. Understanding these laws is essential for contractors, building owners, and anyone involved in renovation or demolition projects.

Pennsylvania’s Asbestos Occupations Accreditation and Certification Act (Act 194 of 1990)

At the heart of Pennsylvania’s asbestos regulations is the Asbestos Occupations Accreditation and Certification Act, also known as Act 194 of 1990. This law was enacted on December 19, 1990, and took effect on July 1, 1991. The act mandates that individuals performing asbestos abatement work must be trained and certified by the Pennsylvania Department of Labor & Industry (DLI).

The purpose of Act 194 is to ensure that asbestos-related work is performed safely and competently to minimize public health risks. It covers a wide range of activities, including inspection, planning, design, supervision, and removal of asbestos materials. According to the act:

“No person shall perform asbestos abatement work in this Commonwealth unless the person has been certified by the Department of Labor and Industry.”

Under the act and enforced by the DLI’s Bureau of Occupational and Industrial Safety, certification is required for the following six asbestos-related occupations:

  • Asbestos Abatement Worker
  • Asbestos Abatement Supervisor
  • Inspector
  • Management Planner
  • Project Designer
  • Contractor

To be certified, individuals must complete an accredited training program and submit an application along with proof of training and the required fee. Certification must be renewed annually, and refresher courses are required to maintain active status. Employers, including asbestos abatement contractors, must also be certified and may not employ uncertified individuals for asbestos-related work.

In addition to certification, Pennsylvania law requires prior notification to the Department of Labor & Industry before beginning asbestos abatement projects. Specifically, any project that involves removing more than 3 linear feet or 3 square feet of friable asbestos in a regulated facility must be reported at least five calendar days before work begins.

This advance notice allows the DLI to schedule inspections, ensure safety protocols are in place, and confirm that all personnel involved are properly certified. Failure to notify can result in fines and work stoppages.

Role of the Pennsylvania Department of Environmental Protection (DEP)

While the DLI regulates licensing and workforce qualifications, the Pennsylvania DEP plays a crucial role in overseeing environmental safety related to asbestos. The DEP’s Bureau of Air Quality ensures compliance with federal asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations and enforces Pennsylvania’s air quality standards.

The DEP requires:

  • Proper handling and disposal of ACMs
  • Emission control practices to prevent asbestos fibers from becoming airborne
  • Specific recordkeeping and reporting practices

Asbestos in Residential Settings

Importantly, Pennsylvania does not regulate asbestos removal in private single-family homes unless the property is used for commercial purposes or involves the hiring of an outside contractor. However, homeowners are strongly encouraged to follow safety guidelines and hire certified professionals for any project involving asbestos.

While the law allows DIY asbestos work in certain private settings, this can be extremely dangerous. Improper removal or disturbance of asbestos can contaminate a home with microscopic fibers that remain airborne for hours and lodge in the lungs once inhaled. For safety and legal reasons, using a certified abatement contractor is always the best practice.

Enforcement and Penalties

Both the DEP and DLI have enforcement authority and regularly conduct inspections of asbestos abatement projects. Violations of Pennsylvania asbestos laws can result in:

  • Civil fines
  • Project shutdowns
  • Loss of certification
  • Legal liability

In severe cases, violators may also face criminal charges, especially if public health is endangered or fraudulent practices are involved.

Why Compliance Matters

Asbestos regulations in Pennsylvania exist to protect everyone — from construction workers and building occupants, to nearby residents and the public. Complying with these laws not only ensures legal protection for property owners and contractors but also helps prevent long-term health consequences that can arise from careless handling of asbestos.

Whether you’re managing a renovation, demolishing an old building, or simply concerned about the presence of asbestos in your home or workplace, understanding and following these laws is critical.

Pennsylvania has taken strong steps to regulate asbestos-related activities through laws like Act 194 and supporting agencies like the Department of Labor & Industry and the Department of Environmental Protection. These rules are not just legal formalities—they are public health safeguards.

If you are involved in any project where asbestos might be present, be sure to:

  • Verify the need for certification
  • Follow required notification procedures
  • Work with licensed professionals
  • Dispose of materials safely and legally

If you or someone you know may have been diagnosed with mesothelioma due to asbestos exposure, contact us at 412-471-3980 to discuss your case and protect your rights. Our team is committed to advocating for justice and holding those responsible for asbestos exposure accountable.

Sources:
“Asbestos Information” Commonwealth of Pennsylvania [Link]
“Asbestos Occupations” Commonwealth of Pennsylvania [Link]
“Act No. 194 of 1990” Pennsylvania General Assembly [Link]
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