Legal and Medical reported on 4th, December 2007 that a Bill ensuring faster compensation for mesothelioma sufferers passed through the House of Commons on 3rd December.
The Child Maintenance and Other Payments Bill will establish a self-funding lump sum payment scheme for mesothelioma sufferers not covered by the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 – allowing victims in England, Scotland and Wales to receive swifter settlements.The Bill was given an unopposed third reading and will now go to the House of Lords.
Wednesday, 12 December 2007
Just who does HSE protect?
Hazards Magazine, OCT – DEC 2007 accused the HSE of failing to perform adequately.
It stated that HSE’s desperately poor safety enforcement record just took a turn for the worse. Now 9 out of 10 major injuries don’t result in an investigation, HSE inspections have hit a new low and the last two years have seen the worst enforcement performance on record. Hazards editor Rory O'Neill says only dangerous employers now have reason to feel safe.
He claimed that there was hardly any enforcement and that this was borne out by the statistics.
FATALITIES UP 241 worker deaths in 2006/07 compared to 217 in 2005/06, an 11 per cent increase.
FATALITY RATE UP 0.8 workers killed per 100,000 in 2006/07 compared to 0.72 per 100,000 in 2005/06, a 10 per cent increase.
INSPECTIONS DOWN 41,496 HSE inspections in 2006/07 compared to 54,717 in 2005/06, a 24 per cent decrease.
INSPECTION RATE DOWN HSE enforced workplaces in 2006/07 could expect an inspection on average once every 14.5 years, compared to once ever 7 years in 2001/02.
INVESTIGATIONS DOWN the proportion of major injuries investigated by HSE fell to 11 per cent in 2005/06 from 13 per cent in 2004/05.
PROSECUTIONS REMAIN LOW 1,056 offences prosecuted by HSE in 2005/06 compared to 1,320 in 2004/05, a fall of 20 per cent. Convictions dropped by 10 per cent. Provisional figures for 2006/07 show a minor improvement in prosecutions and convictions, but the last two years remain the worst on record.
NOTICES REMAIN LOW 6,593 enforcement notices issued by HSE in 2005/06 compared to 8,471 in 2004/05, a fall of over 22 per cent. Prohibition notices were down by 18 per cent and improvement notices by 24 per cent. The provisional total notices figure rose to 8,071 in 2006/07, but the last two years remain the worst on record.
These figures were taken from the HSE's own statistics.
www.hse.gov.uk/statistics
There are serious concerns the enforcement crisis at HSE will worsen, as further funding cuts bite. HSE has already lost over 250 jobs since April 2006 and faces a further 100 job losses in the second half of the financial year. HSE is grappling with the news that the anticipated 15 per cent budget cut by 2011 to meet Treasury efficiency targets may in fact be larger still.
Chancellor Alistair Darling’s announcement that HSE’s parent department DWP would take a 5.6 per cent hit year on year from 2008-2010 was 12 per cent more than the 5 per cent cut it had been led to believe was on the cards.
Since 2002, HSE has lost over 1,000 posts as a result of government spending cuts; HSE union Prospect says the organisation now employs fewer than 3,250 staff, down from over 4,000 when Labour took office.
But as HSE struggled this year to cope with a crippling funding crisis it was pushed into areas of work with no relevance to workers’ health – including taking the lead on and footing the £100,000 bill for the investigation into this summer’s foot and mouth outbreak linked to the Pirbright laboratory near Guildford. Foot and mouth is a non-fatal disease of animals presenting no risk at all to humans.
Mike Macdonald, negotiations officer with HSE inspectors’ union Prospect, said cash-strapped watchdog “cannot meet its public expectations to advise, inspect and enforce workplace health and safety.” He added: “Better funding for the HSE would be good for workers concerned about their safety, employers seeking advice and the taxpayer who meets the costs of higher benefit and insurance because of rising accident rates.”
To read the full report please click on the link below
http://www.hazards.org/enforcement/whodoeshseprotect.htm
It stated that HSE’s desperately poor safety enforcement record just took a turn for the worse. Now 9 out of 10 major injuries don’t result in an investigation, HSE inspections have hit a new low and the last two years have seen the worst enforcement performance on record. Hazards editor Rory O'Neill says only dangerous employers now have reason to feel safe.
He claimed that there was hardly any enforcement and that this was borne out by the statistics.
FATALITIES UP 241 worker deaths in 2006/07 compared to 217 in 2005/06, an 11 per cent increase.
FATALITY RATE UP 0.8 workers killed per 100,000 in 2006/07 compared to 0.72 per 100,000 in 2005/06, a 10 per cent increase.
INSPECTIONS DOWN 41,496 HSE inspections in 2006/07 compared to 54,717 in 2005/06, a 24 per cent decrease.
INSPECTION RATE DOWN HSE enforced workplaces in 2006/07 could expect an inspection on average once every 14.5 years, compared to once ever 7 years in 2001/02.
INVESTIGATIONS DOWN the proportion of major injuries investigated by HSE fell to 11 per cent in 2005/06 from 13 per cent in 2004/05.
PROSECUTIONS REMAIN LOW 1,056 offences prosecuted by HSE in 2005/06 compared to 1,320 in 2004/05, a fall of 20 per cent. Convictions dropped by 10 per cent. Provisional figures for 2006/07 show a minor improvement in prosecutions and convictions, but the last two years remain the worst on record.
NOTICES REMAIN LOW 6,593 enforcement notices issued by HSE in 2005/06 compared to 8,471 in 2004/05, a fall of over 22 per cent. Prohibition notices were down by 18 per cent and improvement notices by 24 per cent. The provisional total notices figure rose to 8,071 in 2006/07, but the last two years remain the worst on record.
These figures were taken from the HSE's own statistics.
www.hse.gov.uk/statistics
There are serious concerns the enforcement crisis at HSE will worsen, as further funding cuts bite. HSE has already lost over 250 jobs since April 2006 and faces a further 100 job losses in the second half of the financial year. HSE is grappling with the news that the anticipated 15 per cent budget cut by 2011 to meet Treasury efficiency targets may in fact be larger still.
Chancellor Alistair Darling’s announcement that HSE’s parent department DWP would take a 5.6 per cent hit year on year from 2008-2010 was 12 per cent more than the 5 per cent cut it had been led to believe was on the cards.
Since 2002, HSE has lost over 1,000 posts as a result of government spending cuts; HSE union Prospect says the organisation now employs fewer than 3,250 staff, down from over 4,000 when Labour took office.
But as HSE struggled this year to cope with a crippling funding crisis it was pushed into areas of work with no relevance to workers’ health – including taking the lead on and footing the £100,000 bill for the investigation into this summer’s foot and mouth outbreak linked to the Pirbright laboratory near Guildford. Foot and mouth is a non-fatal disease of animals presenting no risk at all to humans.
Mike Macdonald, negotiations officer with HSE inspectors’ union Prospect, said cash-strapped watchdog “cannot meet its public expectations to advise, inspect and enforce workplace health and safety.” He added: “Better funding for the HSE would be good for workers concerned about their safety, employers seeking advice and the taxpayer who meets the costs of higher benefit and insurance because of rising accident rates.”
To read the full report please click on the link below
http://www.hazards.org/enforcement/whodoeshseprotect.htm
Asbestos firms fined
Peterborough Evening Telegraph 21 November 2007 reported that fireworks and spray cans were mixed with asbestos before being dumped at a landfill site near Peterborough – in a breach of strict environmental rules.
The city magistrates’ court heard that it was only when an eagle-eyed landfill worker saw the materials being tipped into the site and flagged it up with his boss that the breach came to light, and an Environment Agency probe into two companies’ actions was launched.
The court was told that putting different hazardous materials together could cause “serious environmental health risks”, including sparking fires and releasing potentially deadly asbestos fibres into the air.
Since July 16, 2005, asbestos can only be landfilled in separate cells isolating it from other materials which break down to create gas.
Astra UK (Contracts) Ltd, faced two charges – of mixing asbestos with other waste, such as fireworks, wood and flammable solvents on June 12 last year and writing a “ misleading” note to skip hire company Bowmer (Waste Disposal) Ltd as to what the materials were.
Bowmer was charged with causing Thornaugh Landfill Site to be in breach of its permit by not checking the contents of the skip matched the description given to them.Both pleaded guilty at earlier hearings.
Prosecuting for the Environment Agency, Anna-Lise McDonald said just by looking at the waste it would have been “obvious” it did not contain solely asbestos. She said: “Astra had a contract with a Kent housing association to remove asbestos from their properties. “An employee had written a misleading description of what was in the bag, resulting in the waste being disposed of inappropriately.“There are strict rules as to the mixing of different materials and dumping them in landfill to ensure public and environmental safety.“Astra should have known it was not appropriate to mix the different materials. “Bowmer didn’t confirm the contents were as per consignment note and didn’t inspect the contents. “If they had inspected them, even visually , it would have been obvious it had been mis-described.”
Astra was fined £2,500 in total and ordered to pay £2,200 costs.Bowmer was given a two year conditional discharge and must pay £5,400 costs.
http://www.peterboroughtoday.co.uk/news/Asbestos-firms-fined.3511352.jp
The city magistrates’ court heard that it was only when an eagle-eyed landfill worker saw the materials being tipped into the site and flagged it up with his boss that the breach came to light, and an Environment Agency probe into two companies’ actions was launched.
The court was told that putting different hazardous materials together could cause “serious environmental health risks”, including sparking fires and releasing potentially deadly asbestos fibres into the air.
Since July 16, 2005, asbestos can only be landfilled in separate cells isolating it from other materials which break down to create gas.
Astra UK (Contracts) Ltd, faced two charges – of mixing asbestos with other waste, such as fireworks, wood and flammable solvents on June 12 last year and writing a “ misleading” note to skip hire company Bowmer (Waste Disposal) Ltd as to what the materials were.
Bowmer was charged with causing Thornaugh Landfill Site to be in breach of its permit by not checking the contents of the skip matched the description given to them.Both pleaded guilty at earlier hearings.
Prosecuting for the Environment Agency, Anna-Lise McDonald said just by looking at the waste it would have been “obvious” it did not contain solely asbestos. She said: “Astra had a contract with a Kent housing association to remove asbestos from their properties. “An employee had written a misleading description of what was in the bag, resulting in the waste being disposed of inappropriately.“There are strict rules as to the mixing of different materials and dumping them in landfill to ensure public and environmental safety.“Astra should have known it was not appropriate to mix the different materials. “Bowmer didn’t confirm the contents were as per consignment note and didn’t inspect the contents. “If they had inspected them, even visually , it would have been obvious it had been mis-described.”
Astra was fined £2,500 in total and ordered to pay £2,200 costs.Bowmer was given a two year conditional discharge and must pay £5,400 costs.
http://www.peterboroughtoday.co.uk/news/Asbestos-firms-fined.3511352.jp
DEVELOPER ACCUSED OF ASBESTOS WASTE RISK
This is Exeter.co.uk reported on 27th November 2007 that a developer has been accused of negligence for leaving potentially dangerous asbestos exposed at a site in Exeter being cleared for housing. Exeter city councillor Marcel Choules criticised Dukeminster after a resident alerted him to the asbestos risk at the old Royal Naval Storage Depot site, off Topsham Road.
Cllr Choules said that asbestos could be seen clearly from the gate of the site and was in a large container with the doors open.
To read the full version click on the link below
http://www.thisisexeter.co.uk/displayNode.jsp?nodeId=142329&command=displayContent&sourceNode=142324&contentPK=19078619&folderPk=79879&pNodeId=142334
Cllr Choules said that asbestos could be seen clearly from the gate of the site and was in a large container with the doors open.
To read the full version click on the link below
http://www.thisisexeter.co.uk/displayNode.jsp?nodeId=142329&command=displayContent&sourceNode=142324&contentPK=19078619&folderPk=79879&pNodeId=142334
Fire at UK Olympic Site Ruled Accidental
Associated Press 21/11/07 reported that a fire at an east London warehouse that sent a towering column of black smoke over the 2012 Olympics site was an accident, according to an investigation that concluded on Wednesday.
The Olympic Delivery Authority said the Nov. 12 blaze was started by a welder's torch that was being used to prepare the empty building for demolition. The torch ignited insulation on steel pipes that were being cut. While asbestos burned, it did not pose a risk to health, the authority said.
About 75 firefighters fought the blaze, which sent up the pillar of smoke that was seen for miles. No one was hurt.
The Olympic Delivery Authority — the body responsible for building the venues and infrastructure for the games — said this type of "hot working" during demolition of other buildings has been suspended pending a review.
"This was a serious incident and we are instigating a thorough review of our stringent health and safety procedures as a result," ODA Chief Executive David Higgins said.
The story was reported at the following link
http://ap.google.com/article/ALeqM5g8t2GRRam6Dl-7PRNqXjazOCGu_wD8T23IKO6
The Olympic Delivery Authority said the Nov. 12 blaze was started by a welder's torch that was being used to prepare the empty building for demolition. The torch ignited insulation on steel pipes that were being cut. While asbestos burned, it did not pose a risk to health, the authority said.
About 75 firefighters fought the blaze, which sent up the pillar of smoke that was seen for miles. No one was hurt.
The Olympic Delivery Authority — the body responsible for building the venues and infrastructure for the games — said this type of "hot working" during demolition of other buildings has been suspended pending a review.
"This was a serious incident and we are instigating a thorough review of our stringent health and safety procedures as a result," ODA Chief Executive David Higgins said.
The story was reported at the following link
http://ap.google.com/article/ALeqM5g8t2GRRam6Dl-7PRNqXjazOCGu_wD8T23IKO6
CANCER VICTIM FORCED TO BUY OWN DRUGS
The Plymouth Evening Herald reported on 14th November 2007 that a dying former dockyard worker with asbestos-related cancer is spending his life savings on a drug 'not routinely' available on the NHS in England.
Victor Lamb is paying a minimum of £12,000 for three sessions of chemotherapy drug Alimta, which doctors said offers the best chance of extending his life, he told The Herald.
The drug is available free in Scotland, but local health authorities decide who receives it in England because national guidelines on its use have not been finalised.
Since Victor was diagnosed with mesothelioma four months ago, the one-inch tumour has spread rapidly through his lungs and into his spine and ribs.The 66-year-old former carpenter, who lives in Whitsand Bay with his wife Carol, has been told he may not survive until Christmas without treatment."It may be too late for me but I want to raise awareness so maybe other people can get this drug," he said yesterday."I hope I live to spend Christmas with my grandchildren and to see my daughter married in February. They say Alimta's my best chance."I'm worried about having to pay for it ourselves, but there's no option.
Plymouth has been identified as the UK's fourth-largest 'hotspot' for asbestos-related deaths due to its past use at Devonport Dockyard, in ships and buildings.The latest figures show that 320 people in Plymouth died from mesothelioma caused by asbestos between 1985 and 2004, with cases expected to peak between 2011 and 2015.
Victor received £12,000 in compensation from the Ministry of Defence in 2004 - and said this meant he was not eligible for any further compensation payments.
To read the full story click on the link below
http://www.thisisplymouth.co.uk/displayNode.jsp?nodeId=181429&command=displayContent&sourceNode=229968&home=yes&more_nodeId1=133174&contentPK=19139942
Victor Lamb is paying a minimum of £12,000 for three sessions of chemotherapy drug Alimta, which doctors said offers the best chance of extending his life, he told The Herald.
The drug is available free in Scotland, but local health authorities decide who receives it in England because national guidelines on its use have not been finalised.
Since Victor was diagnosed with mesothelioma four months ago, the one-inch tumour has spread rapidly through his lungs and into his spine and ribs.The 66-year-old former carpenter, who lives in Whitsand Bay with his wife Carol, has been told he may not survive until Christmas without treatment."It may be too late for me but I want to raise awareness so maybe other people can get this drug," he said yesterday."I hope I live to spend Christmas with my grandchildren and to see my daughter married in February. They say Alimta's my best chance."I'm worried about having to pay for it ourselves, but there's no option.
Plymouth has been identified as the UK's fourth-largest 'hotspot' for asbestos-related deaths due to its past use at Devonport Dockyard, in ships and buildings.The latest figures show that 320 people in Plymouth died from mesothelioma caused by asbestos between 1985 and 2004, with cases expected to peak between 2011 and 2015.
Victor received £12,000 in compensation from the Ministry of Defence in 2004 - and said this meant he was not eligible for any further compensation payments.
To read the full story click on the link below
http://www.thisisplymouth.co.uk/displayNode.jsp?nodeId=181429&command=displayContent&sourceNode=229968&home=yes&more_nodeId1=133174&contentPK=19139942
Ghost ship firm fined for 'reckless asbestos breach'
Hartlepool Mail reported on 13th November 2007 that the company at the centre of the ghost ships row has been fined £22,000 for a "reckless breach" of environmental regulations.
Able UK Holdings admitted failing to properly dispose of asbestos on two occasions after routine inspections were made at its Seaton Meadows landfill site on the outskirts of Hartlepool in 2005 and 2006.
The fine comes after Able UK was given planning permission to dispose of four former US Navy ships and weeks after the end of a planning inspectorate inquiry into the saga.
The company was twice found to be spreading and crushing asbestos with heavy machinery, which could have released dangerous fibres into the air. Although Able UK Holdings had the correct permit in place to dispose of hazardous waste, the site was operated by Alab Environmental Services, a subsidiary of the firm. During the sentencing hearing at Hartlepool Magistrates' Court, Trevor Cooper, representing the Environment Agency, described the offences as a reckless breach. He told the court: "It's a matter of scientific fact that there are severe health risks posed by exposure to asbestos, and breaking or crushing it can increase the number of fibres released, so there are strict controls that tell us how it's to be handled."Routine inspections on October 28, 2005, found a bulldozer scooping up asbestos and dropping it on top of already deposited asbestos. A large area of around 30yd x 25yd had also been left uncovered.
A second inspection on January 23, 2006, found similar activities taking place, which Able UK Holdings claimed had happened after a sub-contractor bulldozer operator failed to follow the proper operating instructions. Able UK Holdings pleaded guilty to two counts of contravening pollution regulations. Magistrates also took a third offence into consideration from October 6, 2005, when the site accepted asbestos waste for disposal before an asbestos fibres monitoring plan had been approved by the Environment Agency.
Able UK Holdings was ordered to pay fines of £10,000 for the first offence and £12,000 for the second offence. The company was also ordered to pay legal costs of £4,522.50 to the Environment Agency – all of which must be paid in the next seven days.
To read the full story please click on the link below
http://www.hartlepoolmail.co.uk/news/Ghost-ship-firm-fined-for.3482794.jp
Able UK Holdings admitted failing to properly dispose of asbestos on two occasions after routine inspections were made at its Seaton Meadows landfill site on the outskirts of Hartlepool in 2005 and 2006.
The fine comes after Able UK was given planning permission to dispose of four former US Navy ships and weeks after the end of a planning inspectorate inquiry into the saga.
The company was twice found to be spreading and crushing asbestos with heavy machinery, which could have released dangerous fibres into the air. Although Able UK Holdings had the correct permit in place to dispose of hazardous waste, the site was operated by Alab Environmental Services, a subsidiary of the firm. During the sentencing hearing at Hartlepool Magistrates' Court, Trevor Cooper, representing the Environment Agency, described the offences as a reckless breach. He told the court: "It's a matter of scientific fact that there are severe health risks posed by exposure to asbestos, and breaking or crushing it can increase the number of fibres released, so there are strict controls that tell us how it's to be handled."Routine inspections on October 28, 2005, found a bulldozer scooping up asbestos and dropping it on top of already deposited asbestos. A large area of around 30yd x 25yd had also been left uncovered.
A second inspection on January 23, 2006, found similar activities taking place, which Able UK Holdings claimed had happened after a sub-contractor bulldozer operator failed to follow the proper operating instructions. Able UK Holdings pleaded guilty to two counts of contravening pollution regulations. Magistrates also took a third offence into consideration from October 6, 2005, when the site accepted asbestos waste for disposal before an asbestos fibres monitoring plan had been approved by the Environment Agency.
Able UK Holdings was ordered to pay fines of £10,000 for the first offence and £12,000 for the second offence. The company was also ordered to pay legal costs of £4,522.50 to the Environment Agency – all of which must be paid in the next seven days.
To read the full story please click on the link below
http://www.hartlepoolmail.co.uk/news/Ghost-ship-firm-fined-for.3482794.jp
Tuesday, 11 December 2007
Victims of asbestos fight payout 'apartheid'
On 9th December the Observer reported that people suffering from pleural plaques through exposure to asbestos will soon be facing a postcode lottery to determine whether they qualify for compensation.
People Pleural plaques are a scarring on the lining of the lungs, an asymptomatic sign of exposure to asbestos that does not of itself lead to more serious asbestos-related conditions. While about 1,800 people die of asbestos-related diseases each year in Britain, a number that is rising, some commentators have labelled plaques sufferers as 'the worried well' and the House of Lords recently ruled that the condition was not worthy of compensation.
'When people say those things, it's because they haven't had to live with it,' says Valerie Pask, a 55-year-old mother of seven from Nottingham who was diagnosed with plaques last year. Asbestos has left its mark on three generations of her family. 'I'll never forget my eldest brother in the final weeks before he died,' she recalls. 'He was unable to say more than a few words because his lungs were so congested.'
Valerie's brother died from mesothelioma, the cancer contracted from breathing in asbestos dust. Her father worked all his life as a lagger, fitting insulation at power stations. He died of heart disease in 1980, at the age of 65, with his death certificate recording that the condition was 'related to asbestosis'. 'My eldest brother, Brian, died at the age of 50 in 1987 and my next eldest brother, Michael, died in 1991,' she says.
Three sons worked with their father. Two of them had their lives cut short by mesothelioma and the surviving brother was recently diagnosed with asbestosis. Her brother-in-law and sister-in-law, who worked with them, have both died of asbestos-related conditions, as did an uncle who worked in London.
But the tragedy doesn't end there. Valerie and her three sisters would clean their father's dust-covered overalls when he came back from the power stations, where he eventually became a site manager. 'He'd take his work clothes off in the conservatory and we'd beat them and get as much dust off as we could; otherwise our washing machine would get clogged up,' she recalls. Two of the four women have been diagnosed with plaques, as has one of their daughters.
In October, the Law Lords refused to overrule an appeal court ruling in January 2006 preventing plaques sufferers from claiming damages (in Rothwell v Chemical & Insulating Co). 'Proof of damage is an essential element in a claim in negligence and in my opinion the symptomless plaques are not compensatable,' ruled Lord Hoffmann.
The Scottish government announced this month that it intended to reverse the Law Lords' ruling by introducing new legislation. 'The effects of asbestos are a terrible legacy of Scotland's industrial past and we should not turn our backs on those who contributed to our nation's wealth,' said Holyrood's Justice Secretary, Kenny MacAskill. 'Pleural plaques in anyone exposed to asbestos mean they have a greatly increased lifetime risk of developing mesothelioma. This will mean that people diagnosed with this condition will have to live with the worry of possible future ill-health for the rest of their lives.'
The Association of British Insurers calls the Scottish approach 'misguided'. Insurers are 'fully committed' to compensating claimants with mesothelioma and other asbestos-related diseases, says the ABI's Stephen Haddrill, but 'introducing legislation to overturn a unanimous Law Lords' ruling could significantly increase costs for Scottish businesses'.
Campaigners point to a growing difference between England and Wales on the one hand and Scotland on the other, where the life-extending drug Alimta is more readily available for mesothelioma sufferers and where bereavement payments of up to £30,000 have been made by the courts (such compensation is fixed at £10,000 in England). Now it seems likely plaques sufferers will only get compensation in Scotland.
To read the full account click on the link below:
http://www.guardian.co.uk/money/2007/dec/09/cash.health
People Pleural plaques are a scarring on the lining of the lungs, an asymptomatic sign of exposure to asbestos that does not of itself lead to more serious asbestos-related conditions. While about 1,800 people die of asbestos-related diseases each year in Britain, a number that is rising, some commentators have labelled plaques sufferers as 'the worried well' and the House of Lords recently ruled that the condition was not worthy of compensation.
'When people say those things, it's because they haven't had to live with it,' says Valerie Pask, a 55-year-old mother of seven from Nottingham who was diagnosed with plaques last year. Asbestos has left its mark on three generations of her family. 'I'll never forget my eldest brother in the final weeks before he died,' she recalls. 'He was unable to say more than a few words because his lungs were so congested.'
Valerie's brother died from mesothelioma, the cancer contracted from breathing in asbestos dust. Her father worked all his life as a lagger, fitting insulation at power stations. He died of heart disease in 1980, at the age of 65, with his death certificate recording that the condition was 'related to asbestosis'. 'My eldest brother, Brian, died at the age of 50 in 1987 and my next eldest brother, Michael, died in 1991,' she says.
Three sons worked with their father. Two of them had their lives cut short by mesothelioma and the surviving brother was recently diagnosed with asbestosis. Her brother-in-law and sister-in-law, who worked with them, have both died of asbestos-related conditions, as did an uncle who worked in London.
But the tragedy doesn't end there. Valerie and her three sisters would clean their father's dust-covered overalls when he came back from the power stations, where he eventually became a site manager. 'He'd take his work clothes off in the conservatory and we'd beat them and get as much dust off as we could; otherwise our washing machine would get clogged up,' she recalls. Two of the four women have been diagnosed with plaques, as has one of their daughters.
In October, the Law Lords refused to overrule an appeal court ruling in January 2006 preventing plaques sufferers from claiming damages (in Rothwell v Chemical & Insulating Co). 'Proof of damage is an essential element in a claim in negligence and in my opinion the symptomless plaques are not compensatable,' ruled Lord Hoffmann.
The Scottish government announced this month that it intended to reverse the Law Lords' ruling by introducing new legislation. 'The effects of asbestos are a terrible legacy of Scotland's industrial past and we should not turn our backs on those who contributed to our nation's wealth,' said Holyrood's Justice Secretary, Kenny MacAskill. 'Pleural plaques in anyone exposed to asbestos mean they have a greatly increased lifetime risk of developing mesothelioma. This will mean that people diagnosed with this condition will have to live with the worry of possible future ill-health for the rest of their lives.'
The Association of British Insurers calls the Scottish approach 'misguided'. Insurers are 'fully committed' to compensating claimants with mesothelioma and other asbestos-related diseases, says the ABI's Stephen Haddrill, but 'introducing legislation to overturn a unanimous Law Lords' ruling could significantly increase costs for Scottish businesses'.
Campaigners point to a growing difference between England and Wales on the one hand and Scotland on the other, where the life-extending drug Alimta is more readily available for mesothelioma sufferers and where bereavement payments of up to £30,000 have been made by the courts (such compensation is fixed at £10,000 in England). Now it seems likely plaques sufferers will only get compensation in Scotland.
To read the full account click on the link below:
http://www.guardian.co.uk/money/2007/dec/09/cash.health
5000 UK asbestos deaths remembered in bulb planting
On 11th November 2007, Rochdale on Line reported that 5,000 lives lost to asbestos related diseases were being commemorated by the planting of bulbs in Rochdale's beautiful Memorial Gardens.
Rochdale Council’s Environmental Services Department and the British Trust for Conservation Volunteers (BCTV) carried out the work around the International Asbestos Memorial.
Five thousand crocus bulbs have been planted to represent the numbers of UK deaths the Health and Safety Executive (HSE) attribute each year to asbestos related disease. They have been planted in clusters- this reflects the clusters of asbestos disease around the UK and beyond due to the past use of asbestos products. White and purple were chosen as the predominant colours: white for remembrance and purple as the colour of the ribbons worn to remember those who have died as a result of their work.
It is hoped they will be in full bloom by late February in time for Action Mesothelioma Day. There are currently 2000 UK deaths each year from the asbestos cancer mesothelioma.
Since the Asbestos Memorial was unveiled in 2006, the poignant Rochdale memorial has welcomed visitors from all over the UK, Europe, Canada, Australia and the USA. In 2007, Australian asbestos victim groups supplied a eucalyptus tree to create a permanent bond between Rochdale and the pacific states that are now facing an asbestos disease epidemic. As the birthplace of the world's asbestos textile industry Rochdale is a fitting place to remember the dead and fight for the living.
To read the full story click on the following link:
http://www.rochdaleonline.co.uk/News/news.asp?ID=4828
Rochdale Council’s Environmental Services Department and the British Trust for Conservation Volunteers (BCTV) carried out the work around the International Asbestos Memorial.
Five thousand crocus bulbs have been planted to represent the numbers of UK deaths the Health and Safety Executive (HSE) attribute each year to asbestos related disease. They have been planted in clusters- this reflects the clusters of asbestos disease around the UK and beyond due to the past use of asbestos products. White and purple were chosen as the predominant colours: white for remembrance and purple as the colour of the ribbons worn to remember those who have died as a result of their work.
It is hoped they will be in full bloom by late February in time for Action Mesothelioma Day. There are currently 2000 UK deaths each year from the asbestos cancer mesothelioma.
Since the Asbestos Memorial was unveiled in 2006, the poignant Rochdale memorial has welcomed visitors from all over the UK, Europe, Canada, Australia and the USA. In 2007, Australian asbestos victim groups supplied a eucalyptus tree to create a permanent bond between Rochdale and the pacific states that are now facing an asbestos disease epidemic. As the birthplace of the world's asbestos textile industry Rochdale is a fitting place to remember the dead and fight for the living.
To read the full story click on the following link:
http://www.rochdaleonline.co.uk/News/news.asp?ID=4828
Canada: Asbestos exports on the increase
27th November 2007, TUC Risks reported that a major sales drive by Canada's asbestos industry has seen asbestos exports to some developing nations increase dramatically.
Exports to Brazil in the period January-August 2007 were three times the volume for the same period in 2006. Canadian asbestos exports to the Dominican Republic doubled and Bangladesh saw its imports increase by 69.9 per cent.
An analysis of official figures by the International Ban Asbestos Secretariat (IBAS) notes that even as proposed legislation to ban asbestos in the US was being discussed in the Senate, the country's use of asbestos rose by 15.4 per cent. 'The seemingly insatiable Canadian thirst for asbestos profits has incentivised JM Inc. and LAB Chrysotile Mines, rival Quebec asbestos companies, to cooperate in the creation of a joint sales agency: Chrysotile Canada Inc (CCI) which will, so industry lobbyists say, help the industry counter stiff overseas competition,' wrote IBAS coordinator Laurie Allen.
Seventy-five per cent of Canadian asbestos exports go to Asian countries, the analysis shows. The top five regional markets are India - which imported C$25,196,357 (£12,420,000) worth of Canadian asbestos between January and August 2007, followed by Sri Lanka, Indonesia, Thailand and Bangladesh.
The IBAS analysis cites Dr Barry Castleman, an internationally respected expert on asbestos, who criticised the Canadian government and industry line justifying safe 'controlled use' of Canadian asbestos in developing nations. He commented: 'Anyone who says there's a controlled use of asbestos in the Third World is either a liar or a fool.'
www.tuc.org.uk/risks
Exports to Brazil in the period January-August 2007 were three times the volume for the same period in 2006. Canadian asbestos exports to the Dominican Republic doubled and Bangladesh saw its imports increase by 69.9 per cent.
An analysis of official figures by the International Ban Asbestos Secretariat (IBAS) notes that even as proposed legislation to ban asbestos in the US was being discussed in the Senate, the country's use of asbestos rose by 15.4 per cent. 'The seemingly insatiable Canadian thirst for asbestos profits has incentivised JM Inc. and LAB Chrysotile Mines, rival Quebec asbestos companies, to cooperate in the creation of a joint sales agency: Chrysotile Canada Inc (CCI) which will, so industry lobbyists say, help the industry counter stiff overseas competition,' wrote IBAS coordinator Laurie Allen.
Seventy-five per cent of Canadian asbestos exports go to Asian countries, the analysis shows. The top five regional markets are India - which imported C$25,196,357 (£12,420,000) worth of Canadian asbestos between January and August 2007, followed by Sri Lanka, Indonesia, Thailand and Bangladesh.
The IBAS analysis cites Dr Barry Castleman, an internationally respected expert on asbestos, who criticised the Canadian government and industry line justifying safe 'controlled use' of Canadian asbestos in developing nations. He commented: 'Anyone who says there's a controlled use of asbestos in the Third World is either a liar or a fool.'
www.tuc.org.uk/risks
Port worker receives asbestos settlement
24/11/07 TUC Risks reported that a retired Port of London Authority (PLA) worker has received £23,500 compensation after being diagnosed with asbestos-related pleural thickening.
Unite secured the compensation for Terence O'Connell, 84, who worked for the PLA from 1937 until 1975, save for the wartime years when he served in the RAF. He started as a boy messenger and by the time of retirement, was manager of the Orsett container base.
While working as a customs clearing clerk in the 1950s and 1960s, he was exposed to asbestos at the South West India Docks when supervising the discharge of asbestos cargo. Mr O'Connell said: 'I suffered from a very dry cough which I could not shake off. My GP referred me to hospital where I had a CT scan. I was told that I had asbestos-related pleural thickening.
' Mr O'Connell's solicitor, Paul Meehan, commented: 'Like the majority of workers at that time, Mr O'Connell was never warned by his employers of the dangers of working with asbestos. At that time, the PLA knew or should have known, that asbestos was a dangerous material and it was legally obliged to protect its workers from exposure to asbestos.'
www.tuc.org.uk/risks
Unite secured the compensation for Terence O'Connell, 84, who worked for the PLA from 1937 until 1975, save for the wartime years when he served in the RAF. He started as a boy messenger and by the time of retirement, was manager of the Orsett container base.
While working as a customs clearing clerk in the 1950s and 1960s, he was exposed to asbestos at the South West India Docks when supervising the discharge of asbestos cargo. Mr O'Connell said: 'I suffered from a very dry cough which I could not shake off. My GP referred me to hospital where I had a CT scan. I was told that I had asbestos-related pleural thickening.
' Mr O'Connell's solicitor, Paul Meehan, commented: 'Like the majority of workers at that time, Mr O'Connell was never warned by his employers of the dangers of working with asbestos. At that time, the PLA knew or should have known, that asbestos was a dangerous material and it was legally obliged to protect its workers from exposure to asbestos.'
www.tuc.org.uk/risks
Call for tough action on safety 'crime wave'
TUC Risks 24th November 2007 reported that TUC general secretary Brendan Barber, called for tougher enforcement to tackle workplace health and safety, when he addressed the Centre for Corporate Accountablility conference.
He told delegates that there are at least 20,000 work-related deaths and 2.2 million injuries every year.
He said the 241 fatalities in 2006/07 'only tells us part of the story. We have to remember the 5,000 people killed last year because of asbestos exposure, the thousand killed in work-related road accidents, the many thousands killed by workplace cancers every year, as well as those who suffer heart attacks as a result of overwork or stress.'
'Nobody knows exactly how many people die prematurely every year as a result of work, but is certainly well over 20,000 a year - and every single one of these deaths was avoidable. The HSE estimates that over 80 per cent of injuries are a direct result of management failures. This means that the vast majority of deaths are simply down to management breaking health and safety laws. The same is true of the 2.2 million people who are suffering from an illness they believed was caused or made worse by their work.' Mr Barber concluded: 'To me this is a crime wave on a massive scale. A crime wave that screams out for action. Evidence shows the most effective way to change behaviour is strong enforcement action, supported by advice and guidance.
To read the full article click on the link below
www.tuc.org.uk/risks
He told delegates that there are at least 20,000 work-related deaths and 2.2 million injuries every year.
He said the 241 fatalities in 2006/07 'only tells us part of the story. We have to remember the 5,000 people killed last year because of asbestos exposure, the thousand killed in work-related road accidents, the many thousands killed by workplace cancers every year, as well as those who suffer heart attacks as a result of overwork or stress.'
'Nobody knows exactly how many people die prematurely every year as a result of work, but is certainly well over 20,000 a year - and every single one of these deaths was avoidable. The HSE estimates that over 80 per cent of injuries are a direct result of management failures. This means that the vast majority of deaths are simply down to management breaking health and safety laws. The same is true of the 2.2 million people who are suffering from an illness they believed was caused or made worse by their work.' Mr Barber concluded: 'To me this is a crime wave on a massive scale. A crime wave that screams out for action. Evidence shows the most effective way to change behaviour is strong enforcement action, supported by advice and guidance.
To read the full article click on the link below
www.tuc.org.uk/risks
Cancer payout for asbestos hug woman
TUC Risks reported that a Devon woman who developed an incurable asbestos-related cancer from hugging her father as a child has settled a damages claim. The Ministry of Defence (MoD), which owned Devonport Dockyard when Debbie Brewer's father worked there in the 1960s, settled with a six-figure sum. It had agreed liability in February
Ms Brewer, 48, was diagnosed with mesothelioma and doctors gave her between six and nine months to live. The MoD has acknowledged her only contact with the lethal substance was as a child, hugging her father Phillip Northmore when he came home from work as a lagger at Devonport Dockyard in Plymouth. Her father died from lung cancer in 2006 aged 68. His inquest found his death was linked to the deadly asbestos he worked with daily.
www.tuc.org.uk/risks
Ms Brewer, 48, was diagnosed with mesothelioma and doctors gave her between six and nine months to live. The MoD has acknowledged her only contact with the lethal substance was as a child, hugging her father Phillip Northmore when he came home from work as a lagger at Devonport Dockyard in Plymouth. Her father died from lung cancer in 2006 aged 68. His inquest found his death was linked to the deadly asbestos he worked with daily.
www.tuc.org.uk/risks
Teacher's testimony to asbestos dangers
TUC Risks 17th November 2007 reported that a teacher who developed the asbestos cancer mesothelioma as a result of exposures in a school has issued an online video warning about the dangers of the deadly fibre.
Elizabeth Bradford was informed after an inspection by her local authority employer she had been exposed to asbestos, but it was white asbestos so there wasn't a problem. In fact all forms of asbestos can cause mesothelioma, lung and other cancers.
Elizabeth said: 'I remembered, going back many, many years, I had worked in a room lined with asbestos, but I was told it was white asbestos and it was safe.'
www.tuc.org.uk/risks
Elizabeth Bradford was informed after an inspection by her local authority employer she had been exposed to asbestos, but it was white asbestos so there wasn't a problem. In fact all forms of asbestos can cause mesothelioma, lung and other cancers.
Elizabeth said: 'I remembered, going back many, many years, I had worked in a room lined with asbestos, but I was told it was white asbestos and it was safe.'
www.tuc.org.uk/risks
Australia:Death of Bernie Banton
Bernie Banton, an Australian factory worker who spearheaded a nationwide campaign for workers' rights died on 27th November aged 61. He had suffered from asbestosis for many years and more recently developed mesothelioma, a cancer caused by inhaling asbestos fibres. He became a national hero who led the fight for compensation against his former employers James Hardie, even giving evidence from his hospital bed during his last few days.
He was given a state funeral at which the eulogy was read by Australia's new prime minister Kevin Rudd.
Further details of his influence upon modern Australian politics, can be viewed on the Australian Workers' Union website.
http://www.awu.net.au/national/news/1196820817_9695.html
He was given a state funeral at which the eulogy was read by Australia's new prime minister Kevin Rudd.
Further details of his influence upon modern Australian politics, can be viewed on the Australian Workers' Union website.
http://www.awu.net.au/national/news/1196820817_9695.html
Tuesday, 13 November 2007
Council ‘failing in duty of care’ to staff over hazardous asbestos
The Liverpool Daily Post reported on November 13th 2007 that The Health and Safety Executive (HSE) issued the Liverpool City Council an improvement notice because the council was providing "inadequate" information and training regarding the management of asbestos to staff.
The council has been forced to enlist the help of experts Zurich Municipal to create a course for 800 staff on how to manage asbestos at a cost of £100,000.
It is the second enforce-ment notice from the HSE that the council is dealing with. Last month the council had been told to improve its occupational health service or face legal action.
The HSE issued the asbestos warning in May and since then the council identified 778 employees who needed the asbestos training. The staff manage around 500 buildings across the city including leisure centres, libraries and schools.
They have been sent on a one-day training course on asbestos management, which also covered Legionella, fire risk assessment and the control of contractors.
The council has been forced to apply for an extension notice, until December 14, because there are still about 70 people waiting to take the course.
The council also has until December 14 to conduct an assessment relating to the other enforcement notice.
HSE inspectors found the authority was not carrying out regular checks or screening to protect the health of its staff.
The council is required to produce an action plan detailing how it will deal with deficiencies to the HSE by January 25. It will have to explain how it will deal with people at risk of hazards.
The council has been forced to enlist the help of experts Zurich Municipal to create a course for 800 staff on how to manage asbestos at a cost of £100,000.
It is the second enforce-ment notice from the HSE that the council is dealing with. Last month the council had been told to improve its occupational health service or face legal action.
The HSE issued the asbestos warning in May and since then the council identified 778 employees who needed the asbestos training. The staff manage around 500 buildings across the city including leisure centres, libraries and schools.
They have been sent on a one-day training course on asbestos management, which also covered Legionella, fire risk assessment and the control of contractors.
The council has been forced to apply for an extension notice, until December 14, because there are still about 70 people waiting to take the course.
The council also has until December 14 to conduct an assessment relating to the other enforcement notice.
HSE inspectors found the authority was not carrying out regular checks or screening to protect the health of its staff.
The council is required to produce an action plan detailing how it will deal with deficiencies to the HSE by January 25. It will have to explain how it will deal with people at risk of hazards.
Scientists monitor fire fallout for asbestos
13th November 2007 news agencies reported that the fire which broke out yesterday at one of the sites earmarked for development prior to the Olympic Games in 2012, may have released asbestos into the atmoshpere.
Health officials were last night monitoring the fallout from the giant plume of smoke after police confirmed that materials containing asbestos were found at the scene.
Residents living near to the site were told to keep their windows closed and people with respiratory conditions were advised to stay indoors.
Asbestos causes a number of diseases and, in particular, is linked to the development of mesothelioma and lung cancer.
The Health Protection Agency said it had dispatched chemical experts to the scene and weathermen were assessing if the smoke would fall to ground level in other parts of London.
A spokesman for the London Air Quality Network said: "It depends a lot on weather conditions whether the smoke comes down to ground level.
"We are going to keep a close eye on it for the near future.
"In some case like Buncefield we didn't see a lot of pollution because it stayed up high in the atmosphere. With this one we're not sure, it's quite hard to predict."
Health officials were last night monitoring the fallout from the giant plume of smoke after police confirmed that materials containing asbestos were found at the scene.
Residents living near to the site were told to keep their windows closed and people with respiratory conditions were advised to stay indoors.
Asbestos causes a number of diseases and, in particular, is linked to the development of mesothelioma and lung cancer.
The Health Protection Agency said it had dispatched chemical experts to the scene and weathermen were assessing if the smoke would fall to ground level in other parts of London.
A spokesman for the London Air Quality Network said: "It depends a lot on weather conditions whether the smoke comes down to ground level.
"We are going to keep a close eye on it for the near future.
"In some case like Buncefield we didn't see a lot of pollution because it stayed up high in the atmosphere. With this one we're not sure, it's quite hard to predict."
Kent firm fined for safety breaches
TUC Risks reported on 10th November 2007 that Kent-based firm Galamast was fined £20,000 and ordered to pay £16,140 in costs at Bedford Magistrates Court last week for exposing asbestos during work at a department store in March 2006.
Galamast Ltd, based in Bromley, Kent, was convicted of two breaches of the Health and Safety at Work etc Act. The company was carrying out a 'strip-out' of the old Littlewood's store in Bedford's Harpur Centre in March 2006 when verbal instructions were misunderstood, leading to its employees, sub-contractors and health and safety inspectors being exposed to asbestos.
The work was being carried out on behalf of Primark, which took over several Littlewood's stores during 2005/6. The prosecution was brought by the Health and Safety Executive.
Galamast Ltd, based in Bromley, Kent, was convicted of two breaches of the Health and Safety at Work etc Act. The company was carrying out a 'strip-out' of the old Littlewood's store in Bedford's Harpur Centre in March 2006 when verbal instructions were misunderstood, leading to its employees, sub-contractors and health and safety inspectors being exposed to asbestos.
The work was being carried out on behalf of Primark, which took over several Littlewood's stores during 2005/6. The prosecution was brought by the Health and Safety Executive.
Tuesday, 30 October 2007
Mesothelioma sufferer pioneers new hope
Rochdale on Line reported on 11th October 2007 that Leigh Carlisle, a 27-year-old cancer sufferer who is pioneering new treatment for a deadly asbestos-related form of the illness, mesothelioma, is beginning to beat the disease.
Leigh, who is believed to be the country’s youngest sufferer, has been taking part in clinical trials at Manchester’s Christie Hospital.
Leigh may have contracted the disease after she took a short-cut through a Failsworth factory yard, where asbestos was cut, when she was a schoolgirl. She may also have breathed in the fibres from clothes of a relative who worked there.
Leigh was diagnosed with the condition, which affects her abdomen, in 2006. Her treatment includes a drug which knocks out a tumour’s resistance so chemotherapy has a better chance of working.
To Leigh’s delight, doctors told her last week that her lungs and stomach are clear of cancer cells, her lymph nodes have returned to near-normal and the tumours in her abdomen have broken down significantly.
Leigh said: "I was overjoyed at being told there had finally been a breakthrough with my clinical trial for Mesothelioma. I have been scared and often faced doubted that treatment wouldn't prove effective, but my consultant and nursing team at 'The Christie' always provided optimism and great support. I know I have some way to go, but the news on my progress is fantastic and I'm looking forward to getting my energy back during my break from treatment now!"
To read the full article, click on the link below:
http://www.rochdaleonline.co.uk/News/news.asp?ID=4522
Leigh, who is believed to be the country’s youngest sufferer, has been taking part in clinical trials at Manchester’s Christie Hospital.
Leigh may have contracted the disease after she took a short-cut through a Failsworth factory yard, where asbestos was cut, when she was a schoolgirl. She may also have breathed in the fibres from clothes of a relative who worked there.
Leigh was diagnosed with the condition, which affects her abdomen, in 2006. Her treatment includes a drug which knocks out a tumour’s resistance so chemotherapy has a better chance of working.
To Leigh’s delight, doctors told her last week that her lungs and stomach are clear of cancer cells, her lymph nodes have returned to near-normal and the tumours in her abdomen have broken down significantly.
Leigh said: "I was overjoyed at being told there had finally been a breakthrough with my clinical trial for Mesothelioma. I have been scared and often faced doubted that treatment wouldn't prove effective, but my consultant and nursing team at 'The Christie' always provided optimism and great support. I know I have some way to go, but the news on my progress is fantastic and I'm looking forward to getting my energy back during my break from treatment now!"
To read the full article, click on the link below:
http://www.rochdaleonline.co.uk/News/news.asp?ID=4522
U.K. Court Dismisses Asbestos Pleural Plaques Appeal
On October 17th Bloomberg.com and many other agencies reported that insurers including Aviva Plc's Norwich Union won a U.K. court decision blocking compensation for pleural plaques, an asbestos-related lung condition that accounts for as many as 75 percent of all asbestos claims in Britain.
The House of Lords in London, the U.K.'s highest court, ruled that sufferers of the condition shouldn't be awarded damages. The decision backs a 2006 judgment that ``anxiety'' about the condition, which causes thickening of lung membranes and usually doesn't have symptoms, isn't enough to win compensation.
"Proof of damage is an essential element in a claim in negligence and in my opinion the symptom-less plaques are not compensatable,'' Lord Leonard Hoffman wrote in his ruling.
Around 14,000 pleural plaques claims are brought annually in Britain, costing insurers as much as £25 million.
Norwich Union, a unit of Aviva, Britain's biggest property insurer, and Switzerland's Zurich Financial Services AG brought the case to clarify the industry's liability.
Lawyers for the people who have pleural plaques argued that their clients were entitled to compensation both for anxiety caused by the condition, which is thought to be a result of exposure to asbestos, and for the risk of future asbestos-related disease.
Unite, the trade union that helped bring the case, said in an e-mailed statement that the ruling "means massive savings for the insurers of companies who knowingly exposed their employees to asbestos in the workplace.'' "Unite will continue to fight to recoup damages for those people who have developed mesothelioma and other asbestos related conditions.
To read the full account please click on the link below:
http://www.bloomberg.com/apps/news?pid=20601102&sid=ahZW93q312XU&refer=uk#
The House of Lords in London, the U.K.'s highest court, ruled that sufferers of the condition shouldn't be awarded damages. The decision backs a 2006 judgment that ``anxiety'' about the condition, which causes thickening of lung membranes and usually doesn't have symptoms, isn't enough to win compensation.
"Proof of damage is an essential element in a claim in negligence and in my opinion the symptom-less plaques are not compensatable,'' Lord Leonard Hoffman wrote in his ruling.
Around 14,000 pleural plaques claims are brought annually in Britain, costing insurers as much as £25 million.
Norwich Union, a unit of Aviva, Britain's biggest property insurer, and Switzerland's Zurich Financial Services AG brought the case to clarify the industry's liability.
Lawyers for the people who have pleural plaques argued that their clients were entitled to compensation both for anxiety caused by the condition, which is thought to be a result of exposure to asbestos, and for the risk of future asbestos-related disease.
Unite, the trade union that helped bring the case, said in an e-mailed statement that the ruling "means massive savings for the insurers of companies who knowingly exposed their employees to asbestos in the workplace.'' "Unite will continue to fight to recoup damages for those people who have developed mesothelioma and other asbestos related conditions.
To read the full account please click on the link below:
http://www.bloomberg.com/apps/news?pid=20601102&sid=ahZW93q312XU&refer=uk#
Builder fined over asbestos
On 19th October 2007, the Lancashire Evening Post reported that a building contractor has been prosecuted after two workers from another company were exposed to asbestos.
Mustaq Bargit, trading as M and B Builders, of Victoria Road, Fulwood, Preston, was fined £10,000 and ordered to pay costs of £5,137.73 for the offence. Bargit was convicted at Preston Magistrates Court under the Health and Safety at Work Act 1974 because he allowed work on a construction site to continue before an asbestos survey was completed.
During a visit, Health and Safety Executive (HSE) inspectors became concerned that asbestos was present in a building that Bargit's company was working on. This was later confirmed.
HSE Inspector, Joanne Eccles, said: "All contractors have a duty to ensure people's health and safety."In this instance Mr Bargit had been made aware of the possible presence of asbestos but failed to take the proper precautions necessary to deal with this danger."Asbestos is the greatest single cause of work-related death in this country. "Asbestos is only dangerous when disturbed so, if possible, it should be managed and contained."HSE has produced straight forward advice to building occupiers, contractors and workers on how to avoid the dangers of asbestos."Any substantial renovation work should only be started after a full asbestos survey has been carried out."
http://www.lep.co.uk/news/Builder-fined-over-asbestos.3396495.jp
Mustaq Bargit, trading as M and B Builders, of Victoria Road, Fulwood, Preston, was fined £10,000 and ordered to pay costs of £5,137.73 for the offence. Bargit was convicted at Preston Magistrates Court under the Health and Safety at Work Act 1974 because he allowed work on a construction site to continue before an asbestos survey was completed.
During a visit, Health and Safety Executive (HSE) inspectors became concerned that asbestos was present in a building that Bargit's company was working on. This was later confirmed.
HSE Inspector, Joanne Eccles, said: "All contractors have a duty to ensure people's health and safety."In this instance Mr Bargit had been made aware of the possible presence of asbestos but failed to take the proper precautions necessary to deal with this danger."Asbestos is the greatest single cause of work-related death in this country. "Asbestos is only dangerous when disturbed so, if possible, it should be managed and contained."HSE has produced straight forward advice to building occupiers, contractors and workers on how to avoid the dangers of asbestos."Any substantial renovation work should only be started after a full asbestos survey has been carried out."
http://www.lep.co.uk/news/Builder-fined-over-asbestos.3396495.jp
HSE warns employers to ensure they manage asbestos properly in their buildings after a South London NHS Trust fined £5000
Following the prosecution of St George's Healthcare Trust, the HSE published a press release on the 19th October 2007, warning employers to ensure they take proper precautions over the management of asbestos in their buildings.
Hazel McCallum, HSE Inspector, said: "It is disappointing when large organisations such as the Trust put people at risk by not taking a responsible approach. The risks associated with exposure to airborne asbestos fibres are well known and the measures required to control it are easily achievable". The magistrate commented "that this was a serious offence. There was a lack of communication and a lack of action by the defendant. However, credit was given for the early guilty plea and this was the reason for not committing the case to the Crown Court"
The press release contained the following 'Notes to Editors'
Regulation 4 of the Control of Asbestos at Work Regulations 2002 (now repealed and replaced by the Control of Asbestos Regulations 2006) states,"An employer shall not carry any work which exposes or is liable to expose any of his employees to asbestos" unless either -
before commencing that work, he has identified, by analysis or otherwise, the type of asbestos involved in the work; or
he has assumed that the asbestos is (not chrysotile alone) and for the purposes of these Regulations has treated it accordingly.
Asbestos is the single biggest cause of work-related deaths in the UK. It is a priority for HSE to reduce the number of deaths caused by occupational exposure to asbestos. Inhalation of airborne asbestos fibres can lead to serious and deadly diseases such as lung cancer, mesothelioma (a cancer of the lining of the lung) and asbestosis (an irreversible scarring of the lungs that causes a decrease in lung function).
Further information on managing asbestos can be found at hse.gov.uk/asbestos/index.htm
Hazel McCallum, HSE Inspector, said: "It is disappointing when large organisations such as the Trust put people at risk by not taking a responsible approach. The risks associated with exposure to airborne asbestos fibres are well known and the measures required to control it are easily achievable". The magistrate commented "that this was a serious offence. There was a lack of communication and a lack of action by the defendant. However, credit was given for the early guilty plea and this was the reason for not committing the case to the Crown Court"
The press release contained the following 'Notes to Editors'
Regulation 4 of the Control of Asbestos at Work Regulations 2002 (now repealed and replaced by the Control of Asbestos Regulations 2006) states,"An employer shall not carry any work which exposes or is liable to expose any of his employees to asbestos" unless either -
before commencing that work, he has identified, by analysis or otherwise, the type of asbestos involved in the work; or
he has assumed that the asbestos is (not chrysotile alone) and for the purposes of these Regulations has treated it accordingly.
Asbestos is the single biggest cause of work-related deaths in the UK. It is a priority for HSE to reduce the number of deaths caused by occupational exposure to asbestos. Inhalation of airborne asbestos fibres can lead to serious and deadly diseases such as lung cancer, mesothelioma (a cancer of the lining of the lung) and asbestosis (an irreversible scarring of the lungs that causes a decrease in lung function).
Further information on managing asbestos can be found at hse.gov.uk/asbestos/index.htm
Tooting trust fined after asbestos charge
Wimbledon Guardian 20th October 2007 reported that a Tooting NHS Trust has been fined £5,000 after it pleaded guilty to not taking the proper precautions for managing asbestos.
The Health and Safety Executive (HSE) prosecuted St George's Healthcare NHS Trust after it found it did not have an effective system in place for managing asbestos in one of its residential blocks.
The HSE also found it did not control the risk of exposure to asbestos fibre despite repeatedly being made aware of the potential cancer causing material's presence over the years.
The trust was fined £5,000 and ordered to pay costs of £6,432 at City of London Magistrates' Court after pleading guilty to breaching regulation four of the Control of Asbestos at Work Regulations.
To read the full story please click on the link below:
http://www.wimbledonguardian.co.uk/news/topstories/display.var.1775172.0.tooting_trust_fined_after_asbestos_charge.php
The Health and Safety Executive (HSE) prosecuted St George's Healthcare NHS Trust after it found it did not have an effective system in place for managing asbestos in one of its residential blocks.
The HSE also found it did not control the risk of exposure to asbestos fibre despite repeatedly being made aware of the potential cancer causing material's presence over the years.
The trust was fined £5,000 and ordered to pay costs of £6,432 at City of London Magistrates' Court after pleading guilty to breaching regulation four of the Control of Asbestos at Work Regulations.
To read the full story please click on the link below:
http://www.wimbledonguardian.co.uk/news/topstories/display.var.1775172.0.tooting_trust_fined_after_asbestos_charge.php
Thursday, 25 October 2007
Global asbestos ban plan
TUC Risks 6th October 2007 reported that top international agencies are pushing forward with a plan for a worldwide asbestos ban.
While asbestos is banned throughout the EU and in a number of other countries, usage of the fatal fibre in some developing nations has been increasing. Now the International Labour Organisation (ILO) and the World Health Organisation (WHO) have prepared an 'Outline for the development of national programmes for elimination of asbestos-related diseases.'
ILO says: 'This Outline has been developed to give effect to the ILO 2006 resolution on asbestos adopted by the International Labour Conference in June 2006 and to the WHO position paper on elimination of asbestos related diseases. The document is intended to assist countries in establishing their national programmes for the elimination of asbestos-related diseases (NPEAD). It is a tool for increasing policy coherence for reducing and finally phasing out the use of asbestos and asbestos-containing materials.'
Link to story:
http://by101w.bay101.mail.live.com/mail/ReadMessageLight.aspx?Aux=4%7c0%7c8C9D5DB065A4A40%7c&FolderID=00000000-0000-0000-0000-000000000001&InboxSortAscending=False&InboxSortBy=Date&ReadMessageId=d220c14d-8174-413b-91f0-eb3b94377503&n=265488885
While asbestos is banned throughout the EU and in a number of other countries, usage of the fatal fibre in some developing nations has been increasing. Now the International Labour Organisation (ILO) and the World Health Organisation (WHO) have prepared an 'Outline for the development of national programmes for elimination of asbestos-related diseases.'
ILO says: 'This Outline has been developed to give effect to the ILO 2006 resolution on asbestos adopted by the International Labour Conference in June 2006 and to the WHO position paper on elimination of asbestos related diseases. The document is intended to assist countries in establishing their national programmes for the elimination of asbestos-related diseases (NPEAD). It is a tool for increasing policy coherence for reducing and finally phasing out the use of asbestos and asbestos-containing materials.'
Link to story:
http://by101w.bay101.mail.live.com/mail/ReadMessageLight.aspx?Aux=4%7c0%7c8C9D5DB065A4A40%7c&FolderID=00000000-0000-0000-0000-000000000001&InboxSortAscending=False&InboxSortBy=Date&ReadMessageId=d220c14d-8174-413b-91f0-eb3b94377503&n=265488885
Relatives step up asbestos fight
TUC Risks 6th October 2007 reported that a campaign set up in memory of Prospect member Roger Lowe is drawing attention to the deadly dangers posed by asbestos exposure.
The daughters and wife of the dockyard electrical fitter, who died aged 68 from the asbestos-related cancer mesothelioma in December 2005, have founded a support group in his name. Daughter Jackie told a public meeting in Plymouth this week they did not want anyone to go through the trauma they suffered alone.
The city, with its dockyard where the material was widely used, has been identified as the UK's fourth largest 'hotspot' for the disease, with 320 people dying from mesothelioma caused by asbestos between 1985 and 2004.
Cases are expected to peak between 2011 and 2015, as the condition takes between 30 to 40 years to emerge. Global asbestos ban plan
To read the cull account click on the link below:
http://by101w.bay101.mail.live.com/mail/ReadMessageLight.aspx?Aux=4%7c0%7c8C9D5DB065A4A40%7c&FolderID=00000000-0000-0000-0000-000000000001&InboxSortAscending=False&InboxSortBy=Date&ReadMessageId=d220c14d-8174-413b-91f0-eb3b94377503&n=265488885
The daughters and wife of the dockyard electrical fitter, who died aged 68 from the asbestos-related cancer mesothelioma in December 2005, have founded a support group in his name. Daughter Jackie told a public meeting in Plymouth this week they did not want anyone to go through the trauma they suffered alone.
The city, with its dockyard where the material was widely used, has been identified as the UK's fourth largest 'hotspot' for the disease, with 320 people dying from mesothelioma caused by asbestos between 1985 and 2004.
Cases are expected to peak between 2011 and 2015, as the condition takes between 30 to 40 years to emerge. Global asbestos ban plan
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USA: Senate passes asbestos ban
TUC Risks 13th October 2007 reported that after seven years of stalling the 'Ban Asbestos in America Act' has been passed by the US Senate, bring a formal ban on asbestos a major step closer.
Asbestos has never been banned in the USA; 2,500 metric tonnes of asbestos are being imported into the country every year. It is in products such as hair dryers, ceiling tiles, it is in brake pads, and over 3,000 other products Americans are using and being exposed to every day.'
The bill, which must still be approved by the House, would amend the Toxic Substances Control Act.
Asbestos has never been banned in the USA; 2,500 metric tonnes of asbestos are being imported into the country every year. It is in products such as hair dryers, ceiling tiles, it is in brake pads, and over 3,000 other products Americans are using and being exposed to every day.'
The bill, which must still be approved by the House, would amend the Toxic Substances Control Act.
Pleural plaques ruling 'a disgrace'
TUC Risks 20th October 2007 reported that thousands of workers with an asbestos-related condition will not be able to claim compensation following a ruling by Law Lords.
Union leaders and lawyers attacked the decision to end claims for pleural plaques, usually caused by exposure to asbestos. The decision removes an established right to compensation, which had existed for 20 years and will lead to 'massive savings' for insurance firms, said unions.
The Law Lords ruled that pleural plaques was not a disease.
TUC general secretary Brendan Barber said: 'This is yet another attack, spearheaded by the insurance industry, on workers' ability to claim compensation for exposure to dangerous hazards at work. The Lords accepted that employers had been negligent but denied the workers the right to any form of redress. Now these defendants face the future knowing that they have been exposed to asbestos which could lead to a fatal disease.'
Derek Simpson, joint general secretary of Unite, said: 'The judgment will disadvantage many of our members who have been exposed to asbestos in their work by denying them the right to sue their former employers for developing pleural plaques. Unite will continue to fight to recoup damages for those people who have developed mesothelioma and other asbestos-related conditions.'
Adrian Budgen, head of the industrial diseases team with law firm Irwin Mitchell, commented: 'This decision will impact upon thousands of people who have faced emotional anguish since their diagnosis. Pleural plaques is a consequence of negligent exposure to asbestos. This exposure physically scars victims and is often a precursor to very serious, and sometimes fatal, disease.'
Prospect assistant general secretary Mike Clancy said the Lords' ruling 'totally ignores the suffering endured by these victims and their families who, following the diagnosis of pleural plaques, live with the continual fear of developing a life-threatening respiratory disease.' And Tony Whitson, chair of the forum of asbestos support groups said: 'This judgment gives solace to rich insurance companies and leaves asbestos victims uncompensated. It is a disgrace.' The Association of British Insurers said the ruling 'brings clarity for claimants and insurers'.
To read the full story click on the link below:
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Union leaders and lawyers attacked the decision to end claims for pleural plaques, usually caused by exposure to asbestos. The decision removes an established right to compensation, which had existed for 20 years and will lead to 'massive savings' for insurance firms, said unions.
The Law Lords ruled that pleural plaques was not a disease.
TUC general secretary Brendan Barber said: 'This is yet another attack, spearheaded by the insurance industry, on workers' ability to claim compensation for exposure to dangerous hazards at work. The Lords accepted that employers had been negligent but denied the workers the right to any form of redress. Now these defendants face the future knowing that they have been exposed to asbestos which could lead to a fatal disease.'
Derek Simpson, joint general secretary of Unite, said: 'The judgment will disadvantage many of our members who have been exposed to asbestos in their work by denying them the right to sue their former employers for developing pleural plaques. Unite will continue to fight to recoup damages for those people who have developed mesothelioma and other asbestos-related conditions.'
Adrian Budgen, head of the industrial diseases team with law firm Irwin Mitchell, commented: 'This decision will impact upon thousands of people who have faced emotional anguish since their diagnosis. Pleural plaques is a consequence of negligent exposure to asbestos. This exposure physically scars victims and is often a precursor to very serious, and sometimes fatal, disease.'
Prospect assistant general secretary Mike Clancy said the Lords' ruling 'totally ignores the suffering endured by these victims and their families who, following the diagnosis of pleural plaques, live with the continual fear of developing a life-threatening respiratory disease.' And Tony Whitson, chair of the forum of asbestos support groups said: 'This judgment gives solace to rich insurance companies and leaves asbestos victims uncompensated. It is a disgrace.' The Association of British Insurers said the ruling 'brings clarity for claimants and insurers'.
To read the full story click on the link below:
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Asbestos payout after dad's death
TUC Risks 20th October 2007, reported that the two daughters of a York man who died of the asbestos cancer mesothelioma are to receive compensation.
CWU member Leslie Kenneth Bailey died on 23 March 2003, aged 48, having been diagnosed with malignant mesothelioma in November 2002. Asbestos had remained at British Rail's Holgate carriage works, where Mr Bailey worked as a vehicle builder between 1976 and 1980, years after the company stopped using it because the site was not properly cleaned.
Mr Bailey's daughters, now aged 16 and 18, will receive an undisclosed amount of compensation as a result of the CWU-backed compensation case. Mr Bailey's solicitor, Ron Thompson of Pattinson & Brewer, said: 'British Rail clearly failed in its duty of care towards Mr Bailey and his family,' adding the payout to his daughters 'will meet the costs of their care in his absence. At no time was he provided with any safety equipment and he was never warned about the dangers of asbestos.'
To read the full report click on the link below:
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CWU member Leslie Kenneth Bailey died on 23 March 2003, aged 48, having been diagnosed with malignant mesothelioma in November 2002. Asbestos had remained at British Rail's Holgate carriage works, where Mr Bailey worked as a vehicle builder between 1976 and 1980, years after the company stopped using it because the site was not properly cleaned.
Mr Bailey's daughters, now aged 16 and 18, will receive an undisclosed amount of compensation as a result of the CWU-backed compensation case. Mr Bailey's solicitor, Ron Thompson of Pattinson & Brewer, said: 'British Rail clearly failed in its duty of care towards Mr Bailey and his family,' adding the payout to his daughters 'will meet the costs of their care in his absence. At no time was he provided with any safety equipment and he was never warned about the dangers of asbestos.'
To read the full report click on the link below:
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Criminal Prosecutions Under Asbestos Laws Triple
On 17th September 2007, Workplace Law Network reported that criminal prosecturions brought under the Control of Asbestos at Work Regulations 2002, more than tripled last year to 37.
In 2003 - 2004 HSe launched seven prosecutions, in 2004 - 2005 this rose to twelve, but jumped to thrity seven in 2005 - 2006.
Average penalities in 2005/6 were £29,997, but this included several fines of more than £100,000.
Companies and company directors are warned to take notice of this growing trend to prosecute and ensure that they do not fall foul of the legislation.
In 2003 - 2004 HSe launched seven prosecutions, in 2004 - 2005 this rose to twelve, but jumped to thrity seven in 2005 - 2006.
Average penalities in 2005/6 were £29,997, but this included several fines of more than £100,000.
Companies and company directors are warned to take notice of this growing trend to prosecute and ensure that they do not fall foul of the legislation.
Bogus Asbestos Consultant Jailed.
Grimsby Telegraph, 25th September 2007, reported that Bogus asbestos investigator Barrie Christy has been jailed after conning four companies out of at least £10,000 - and causing "massive losses" to one.
He forged certificates to pretend that asbestos analysis had been done, a court heard.
Christy (50), of Park View, Cleethorpes, was convicted by a jury of 16 offences of forgery and seven of obtaining a money transfer by deception, through bogus invoices, between September and November, 2004.Ian Goldsack, prosecuting at Grimsby Crown Court, said Christy had worked in health and safety and spotted a business opportunity for work involving checking premises for asbestos.
He used Craikhill Consultancy Limited, based in Immingham, to market his services. John Drew, of ABP, arranged for Christy to do sampling work at various sites. Because Christy was "not trained, qualified or accredited" for analysis, he was supposed to take samples to North Lincolnshire Analytical Limited for that company to provide certificates of analysis for him. Christy would then write the rest of the reports, submit them to the client companies and ask for payment through invoices. But Christy forged signatures to pretend North Lincolnshire Analytical Limited had analysed the samples.
The bogus invoices made Christy more than £10,000.
To read the full story click on the link below:
http://www.thisisgrimsby.co.uk/displayNode.jsp?nodeId=151472&command=displayContent&sourceNode=151455&contentPK=18480732&moduleName=InternalSearch&formname=sidebarsearch
He forged certificates to pretend that asbestos analysis had been done, a court heard.
Christy (50), of Park View, Cleethorpes, was convicted by a jury of 16 offences of forgery and seven of obtaining a money transfer by deception, through bogus invoices, between September and November, 2004.Ian Goldsack, prosecuting at Grimsby Crown Court, said Christy had worked in health and safety and spotted a business opportunity for work involving checking premises for asbestos.
He used Craikhill Consultancy Limited, based in Immingham, to market his services. John Drew, of ABP, arranged for Christy to do sampling work at various sites. Because Christy was "not trained, qualified or accredited" for analysis, he was supposed to take samples to North Lincolnshire Analytical Limited for that company to provide certificates of analysis for him. Christy would then write the rest of the reports, submit them to the client companies and ask for payment through invoices. But Christy forged signatures to pretend North Lincolnshire Analytical Limited had analysed the samples.
The bogus invoices made Christy more than £10,000.
To read the full story click on the link below:
http://www.thisisgrimsby.co.uk/displayNode.jsp?nodeId=151472&command=displayContent&sourceNode=151455&contentPK=18480732&moduleName=InternalSearch&formname=sidebarsearch
Trading Standards Bring Successful Prosecution
On 11th October 2007, Steven Turner personally, and his company (S J Turner Asbestos Consultants Ltd), were both found guilty of making false statements with regard to the company's accreditation. These involved a false claim that the company had been certified to ISO:9002 and a falsified UKAS schedule of accreditation.
Fines and costs awarded against Mr Turner and his company, totalled £14,192.
It is expected that they will appeal against the severity of the fines, but not against the verdict itself.
Fines and costs awarded against Mr Turner and his company, totalled £14,192.
It is expected that they will appeal against the severity of the fines, but not against the verdict itself.
Tuesday, 23 October 2007
Sellafield towers are destroyed
The Guardian, Saturday September 29th 2007, reported the planned demolition of two of the four cooling towers at Sellafield in Cumbria.
They were exploded as part of the decommissioning of the site.
Careful planning had been arranged for the explosion of the 289ft (88m) towers, to ensure that the debris which will include asbestos containing materials, is contained within safe limits.
To read the full story please click on the link below:
http://www.guardian.co.uk/uklatest/story/0,,-6958185,00.html
They were exploded as part of the decommissioning of the site.
Careful planning had been arranged for the explosion of the 289ft (88m) towers, to ensure that the debris which will include asbestos containing materials, is contained within safe limits.
To read the full story please click on the link below:
http://www.guardian.co.uk/uklatest/story/0,,-6958185,00.html
Farmer’s anger over asbestos fly-tipping
Dorset Echo, Wednesday 26th September 2007 reported that a local farmer expressed his anger after a heap of potentially lethal asbestos waste was dumped on his land by fly-tippers.
Tom Foot says the hazardous rubbish has been left strewn across a field that is home to cattle and has a popular bridlepath alongside it. He fears removing the waste is going to leave him with a hefty bill - and is appealing for help to track down the culprits.
Mr Foot runs East Farm at Bincombe near Weymouth with his family who farm an area of more than 2,000 acres around the Ridgeway.
He was walking across the field, near Came Down, with wife Kelly and his 16-month-old daughter Neve when he stumbled across the waste.
He said: "This is particularly worrying because it's broken asbestos. It's dangerous and it's something we could do without.
The culprits went to the trouble of unhanging a padlocked gate to enter the field.
Mr Foot, 31, said the "Luckily the animals didn't get out. With foot and mouth and the bluetongue outbreak that's the last thing we want." "But whoever did this drove across the field and tipped the asbestos out all the way along.
"We've never had asbestos removed before but it's going to cost hundreds of pounds if not thousands."
Mr Foot said the farmland is continually targeted by fly-tippers.
He said: "We get it about once a week and usually it's things like car parts and garden waste.
"Before we could dispose of it cost effectively but the costs have gone right up now.
"We're getting fed up with it, it's gone too far."
Mr Foot is offering a £200 reward for information on the fly-tipping that leads to a conviction.
Fly-tipping cases should be reported to the Environment Agency on 0800 80 70 60.
Tom Foot says the hazardous rubbish has been left strewn across a field that is home to cattle and has a popular bridlepath alongside it. He fears removing the waste is going to leave him with a hefty bill - and is appealing for help to track down the culprits.
Mr Foot runs East Farm at Bincombe near Weymouth with his family who farm an area of more than 2,000 acres around the Ridgeway.
He was walking across the field, near Came Down, with wife Kelly and his 16-month-old daughter Neve when he stumbled across the waste.
He said: "This is particularly worrying because it's broken asbestos. It's dangerous and it's something we could do without.
The culprits went to the trouble of unhanging a padlocked gate to enter the field.
Mr Foot, 31, said the "Luckily the animals didn't get out. With foot and mouth and the bluetongue outbreak that's the last thing we want." "But whoever did this drove across the field and tipped the asbestos out all the way along.
"We've never had asbestos removed before but it's going to cost hundreds of pounds if not thousands."
Mr Foot said the farmland is continually targeted by fly-tippers.
He said: "We get it about once a week and usually it's things like car parts and garden waste.
"Before we could dispose of it cost effectively but the costs have gone right up now.
"We're getting fed up with it, it's gone too far."
Mr Foot is offering a £200 reward for information on the fly-tipping that leads to a conviction.
Fly-tipping cases should be reported to the Environment Agency on 0800 80 70 60.
Housing association reassures over asbestos
Worcester News, Thursday 27th September 2007 reported that a housing association is reassuring residents in Worcester that asbestos found in their homes poses no threat to them.
Nexus Housing, part of the West Mercia Housing group, is undertaking work on 50 of its buildings in Saddlers Walk and Goldsmith's Road, Blackpole, to remove the substance.
But the Bromsgrove-based company has said it poses no threat unless it is disturbed and not properly dealt with. Asbestos is completely safe if left undisturbed. However, it poses a health risk when fibres are airborne and can lodge in the tissue of people's lungs.
Asbestos is the greatest cause of work-related deaths in Britain.
Kitchens and bathrooms across the group's property stock are being upgraded, and as part of the work, asbestos surveys were carried out at each property. In some cases these confirmed the presence of asbestos containing materials (ACMs).
A licensed asbestos removal contractor has been employed to remove these materials.
To read the full story, please click on the link below: http://www.worcesternews.co.uk/display.var.1719983.0.housing_association_reassures_over_asbestos.php
Nexus Housing, part of the West Mercia Housing group, is undertaking work on 50 of its buildings in Saddlers Walk and Goldsmith's Road, Blackpole, to remove the substance.
But the Bromsgrove-based company has said it poses no threat unless it is disturbed and not properly dealt with. Asbestos is completely safe if left undisturbed. However, it poses a health risk when fibres are airborne and can lodge in the tissue of people's lungs.
Asbestos is the greatest cause of work-related deaths in Britain.
Kitchens and bathrooms across the group's property stock are being upgraded, and as part of the work, asbestos surveys were carried out at each property. In some cases these confirmed the presence of asbestos containing materials (ACMs).
A licensed asbestos removal contractor has been employed to remove these materials.
To read the full story, please click on the link below: http://www.worcesternews.co.uk/display.var.1719983.0.housing_association_reassures_over_asbestos.php
Asbestos inquiry must be in public
The Northern Echo, Friday 28th September 2007, reported that an inquiry into one of the worst health and safety breaches the region has ever seen could be held behind closed doors, it emerged yesterday.
Staff who may have been affected by asbestos at Woodhouse Close Leisure Complex, in Bishop Auckland, County Durham, fear the investigation could become "a whitewash" unless the public are allowed to attend.
Wear Valley District Council is to launch an inquiry to establish why officers ignored a 2001 report that found dangerous asbestos at the council-owned sports centre.
An unknown number of staff were exposed to the cancer-causing materials for five years before it was removed.
The council was fined £18,000 by the Government's Health and Safety Executive and later apologised to the people affected, but it is still not clear why the report was ignored or who was responsible.
Richard Bishop, the inspector who took the council to court after a member of staff contacted the HSE, said the breaches were the worst he had ever seen.
The council's solicitor told the court last month that the senior officers in charge at the time had since left the authority.
To read the full story click on the link below: http://www.thisisthenortheast.co.uk/display.var.1720795.0.asbestos_inquiry_must_be_in_public.php
Staff who may have been affected by asbestos at Woodhouse Close Leisure Complex, in Bishop Auckland, County Durham, fear the investigation could become "a whitewash" unless the public are allowed to attend.
Wear Valley District Council is to launch an inquiry to establish why officers ignored a 2001 report that found dangerous asbestos at the council-owned sports centre.
An unknown number of staff were exposed to the cancer-causing materials for five years before it was removed.
The council was fined £18,000 by the Government's Health and Safety Executive and later apologised to the people affected, but it is still not clear why the report was ignored or who was responsible.
Richard Bishop, the inspector who took the council to court after a member of staff contacted the HSE, said the breaches were the worst he had ever seen.
The council's solicitor told the court last month that the senior officers in charge at the time had since left the authority.
To read the full story click on the link below: http://www.thisisthenortheast.co.uk/display.var.1720795.0.asbestos_inquiry_must_be_in_public.php
Holiday park guests exposed to asbestos
East Anglian Daily Press 29th Sept 2007 reported that a jagged sheet of asbestos was left in the lobby of a Norfolk holiday park potentially exposing guests and staff to the deadly dust.
An environemental health officer, carrying out a routine inspection of Secroft Holiday Park in Hemsby, near Yarmouth discovered badly broken insulation board, and asbestos debris litttering the floor of a bolier room whence the insultaion board had been removed.
Highlighting the fact that members of the public were exposed to risk, Yarmouth magistrates fined the company a total of £18,750 with £860 costs. The park had already received a caution in 2004 for not dealing with asbestos properly and that was why the council was prosecuting.
To read the full story please click on the following link:
http://new.edp24.co.uk/content/news/story.aspx?brand=EDPOnline&category=News&tBrand=edponline&tCategory=news&itemid=NOED28%20Sep%202007%2018%3A36%3A45%3A290
An environemental health officer, carrying out a routine inspection of Secroft Holiday Park in Hemsby, near Yarmouth discovered badly broken insulation board, and asbestos debris litttering the floor of a bolier room whence the insultaion board had been removed.
Highlighting the fact that members of the public were exposed to risk, Yarmouth magistrates fined the company a total of £18,750 with £860 costs. The park had already received a caution in 2004 for not dealing with asbestos properly and that was why the council was prosecuting.
To read the full story please click on the following link:
http://new.edp24.co.uk/content/news/story.aspx?brand=EDPOnline&category=News&tBrand=edponline&tCategory=news&itemid=NOED28%20Sep%202007%2018%3A36%3A45%3A290
Wednesday, 19 September 2007
Asbestos found at Crystal Palace Park's sports centre
The Croydon Guardian 14th September, reported that Crystal Palace Park's National Sports Centre has been closed after asbestos was discovered there.
According to the London Development Agency (LDA), which manage the centre, the potentially cancer causing material was discovered during a planned asbestos investigation ahead of refurbishment due in November.
The investigation discovered asbestos in a number of areas and the centre has been closed for further studies as a precaution.
Air samples taken to date in the centre have shown no dangerous levels of asbestos.
Dr David Hancock, LDA director of risk said: "We are closing the centre as a precautionary measure as we do not want to expose the public or anybody to unnecessary risk."
The planned refurbishment of the centre's mechanical and electrical systems will still go ahead in November and the centre should be fully open to the public in June 2008.
http://www.croydonguardian.co.uk/mostpopular.var.1690393.mostviewed.asbestos_found_at_crystal_palace_parks_sports_centre.php
According to the London Development Agency (LDA), which manage the centre, the potentially cancer causing material was discovered during a planned asbestos investigation ahead of refurbishment due in November.
The investigation discovered asbestos in a number of areas and the centre has been closed for further studies as a precaution.
Air samples taken to date in the centre have shown no dangerous levels of asbestos.
Dr David Hancock, LDA director of risk said: "We are closing the centre as a precautionary measure as we do not want to expose the public or anybody to unnecessary risk."
The planned refurbishment of the centre's mechanical and electrical systems will still go ahead in November and the centre should be fully open to the public in June 2008.
http://www.croydonguardian.co.uk/mostpopular.var.1690393.mostviewed.asbestos_found_at_crystal_palace_parks_sports_centre.php
Russia protests as global forum urges asbestos ban
On September 12th 2007 Yahoo news reported that Russia, the world's leading producer of asbestos, protested on Wednesday as an international forum in Moscow urged a global ban on the use of the material because of health risks.
"It's just a PR campaign when they say that asbestos can kill," said Viktor Ivanov, head of the Chrysotile Association, an industry group based in the Russian town of Asbestos in the Ural mountains region.
Russia is the world's largest supplier of asbestos
To read the full account follow the link below:
http://uk.news.yahoo.com/afp/20070912/thl-russia-issa-social-6fa00d8_1.html
"It's just a PR campaign when they say that asbestos can kill," said Viktor Ivanov, head of the Chrysotile Association, an industry group based in the Russian town of Asbestos in the Ural mountains region.
Russia is the world's largest supplier of asbestos
To read the full account follow the link below:
http://uk.news.yahoo.com/afp/20070912/thl-russia-issa-social-6fa00d8_1.html
DNA test hope over damages claims
On September 17th 2007, the BBC reported that a new DNA test may help prove if people have had their health damaged by exposure to chemicals.
Samples of DNA are taken from a healthy person and exposed to the chemicals to see which genes are affected. This is then compared to the claimants' DNA.
Experts say it could have huge implications on civil cases where workers seek compensation for illnesses caused by things such as asbestos.
The technique was developed by Dr Bruce Gillis at the University of Illinois. Dr Gillis said the technique - named msds1 - could prove an invaluable way of speeding up such cases, which can often drag on for years.
It can read the specific pattern of changes to DNA triggered by exposure to a chemical.
This unique DNA "fingerprint" can then be compared to samples taken from people making claims.
To read a full account click on the link below:
http://news.bbc.co.uk/1/hi/health/6998437.stm
Samples of DNA are taken from a healthy person and exposed to the chemicals to see which genes are affected. This is then compared to the claimants' DNA.
Experts say it could have huge implications on civil cases where workers seek compensation for illnesses caused by things such as asbestos.
The technique was developed by Dr Bruce Gillis at the University of Illinois. Dr Gillis said the technique - named msds1 - could prove an invaluable way of speeding up such cases, which can often drag on for years.
It can read the specific pattern of changes to DNA triggered by exposure to a chemical.
This unique DNA "fingerprint" can then be compared to samples taken from people making claims.
To read a full account click on the link below:
http://news.bbc.co.uk/1/hi/health/6998437.stm
Man with asbestos-related cancer sues company he worked with for 40 years
On 17th August 2007, Workplace Law, reported that an 81-year-old man with terminal asbestos-related cancer has launched a legal battle against the toy company he worked for for more than forty years.
Peter White developed malignant mesothelioma after being exposed to asbestos when he worked for toy firm Mettoy Co Ltd as a joiner and maintenance man between 1939 and 1980. In the course of his work he removed old asbestos sheets used for office partitions, and used new asbestos sheets to form office partitions, which he cut with a circular saw, and he swept up the debris dry.
He also repaired asbestos roofs, by replacing old corrugated sections with new sections which he cut to size with a hand saw, and he removed damaged lagging and replaced it with new asbestos paste. White suffered from wheezing for some years, but found his condition deteriorated last summer, and he became increasingly short of breath and suffered pain. He was diagnosed with mesothelioma in December 2006. He has accused Mettoy of negligence and breach of statutory duty, and is suing for damages worth £150,000.
This document was printed from the Workplace Law Network: http://www.workplacelaw.net
http://www.workplacelaw.net/display.php?resource_id=8982
Peter White developed malignant mesothelioma after being exposed to asbestos when he worked for toy firm Mettoy Co Ltd as a joiner and maintenance man between 1939 and 1980. In the course of his work he removed old asbestos sheets used for office partitions, and used new asbestos sheets to form office partitions, which he cut with a circular saw, and he swept up the debris dry.
He also repaired asbestos roofs, by replacing old corrugated sections with new sections which he cut to size with a hand saw, and he removed damaged lagging and replaced it with new asbestos paste. White suffered from wheezing for some years, but found his condition deteriorated last summer, and he became increasingly short of breath and suffered pain. He was diagnosed with mesothelioma in December 2006. He has accused Mettoy of negligence and breach of statutory duty, and is suing for damages worth £150,000.
This document was printed from the Workplace Law Network: http://www.workplacelaw.net
http://www.workplacelaw.net/display.php?resource_id=8982
Asbestos tipped at popular woods
On 28th August 2007, the Yorkshire Post reported that fly-tippers have dumped tonnes of potentially dangerous asbestos in the car park of one of the region's most heavily used woods.
The Forestry Commission is anticipating a bill running into thousands of pounds to have the asbestos sheeting, estimated to weigh about six tonnes, from a car park at Wharncliffe Wood, between Sheffield and Barnsley.
Money spent on that operation will have to be diverted from other projects aimed at improving the area.
The material was dumped in the car park at night and although the sheeting is not an immediate threat to public health, environmental health experts have advised the Forestry Commission that specialist contractors will be needed to dispose of it safely.Asbestos is a building material widely used in postwar structures which poses no risk while left untouched, but if broken or sawn releases dust which can eventually cause lung cancer if inhaled.
The Forestry Commission says it must have been carried in a substantial tipper lorry.The surrounding woodland is very popular with walkers, horse riders and cyclists and is also a haven for wildlife.
The Commission is determined the culprits should be prosecuted and police have been informed, although very few of those to blame for fly-tipping in the region have been prosecuted in recent years.
The Yorkshire Post revealed earlier this summer that councils in the region had spent £7m clearing up after illegal tippers in the last three years, although only one case in every 1,000 had led to a prosecution.
Sheffield – the worst area in Yorkshire with 257,793 cases of tipping recorded in three years – spent about £600,000 a year clearing up the mess. The council has now invested in covert CCTV equipment to help monitor activity at known trouble spots for tipping and expects an increase in enforcement action against offenders. Hull Council spent £868,965 over three years on cleaning up while Leeds Council spent £859,352.
To read the full account please click on the link below:
http://www.yorkshirepost.co.uk/localnews/Asbestos-tipped-at-popular-
The Forestry Commission is anticipating a bill running into thousands of pounds to have the asbestos sheeting, estimated to weigh about six tonnes, from a car park at Wharncliffe Wood, between Sheffield and Barnsley.
Money spent on that operation will have to be diverted from other projects aimed at improving the area.
The material was dumped in the car park at night and although the sheeting is not an immediate threat to public health, environmental health experts have advised the Forestry Commission that specialist contractors will be needed to dispose of it safely.Asbestos is a building material widely used in postwar structures which poses no risk while left untouched, but if broken or sawn releases dust which can eventually cause lung cancer if inhaled.
The Forestry Commission says it must have been carried in a substantial tipper lorry.The surrounding woodland is very popular with walkers, horse riders and cyclists and is also a haven for wildlife.
The Commission is determined the culprits should be prosecuted and police have been informed, although very few of those to blame for fly-tipping in the region have been prosecuted in recent years.
The Yorkshire Post revealed earlier this summer that councils in the region had spent £7m clearing up after illegal tippers in the last three years, although only one case in every 1,000 had led to a prosecution.
Sheffield – the worst area in Yorkshire with 257,793 cases of tipping recorded in three years – spent about £600,000 a year clearing up the mess. The council has now invested in covert CCTV equipment to help monitor activity at known trouble spots for tipping and expects an increase in enforcement action against offenders. Hull Council spent £868,965 over three years on cleaning up while Leeds Council spent £859,352.
To read the full account please click on the link below:
http://www.yorkshirepost.co.uk/localnews/Asbestos-tipped-at-popular-
Bags of Asbestos Left in Street
On August 20th 2007, the South Wales Echo reported that rubbish bags marked "blue asbestos" had been left in a South Wales street – for a month!
The bags were cordoned off by plastic fencing, but residents said they could pose a health hazard and demanded urgent action to remove them.
The bags were left at the corner of Queens Road and John Street, Penarth, where an urban regeneration project by the Vale of Glamorgan council is underway.
John Street resident Gary Davis, 53, a garage worker, said: "I rang the council three weeks ago to tell them about it. They said it would take specialist people to remove them and action would be taken. Nothing has happened since and the bags – about half a dozen of them – are still there.
"I think they contain roof slates. They are clear bags with a warning triangle with black and white stripes and are marked ‘blue asbestos’. . But it is a concern.
A spokesman for the council said it is believed that fly-tippers had dumped the bags at the site and they would be removed as soon as possible.
To read the full account please click on the link below:
http://icwales.icnetwork.co.uk/southwalesecho/news/tm_headline=bags-of-asbestos-left-in-street-8211-for-a-month&method=full&objectid=19662799&siteid=50082-name_page.html#story_continue
The bags were cordoned off by plastic fencing, but residents said they could pose a health hazard and demanded urgent action to remove them.
The bags were left at the corner of Queens Road and John Street, Penarth, where an urban regeneration project by the Vale of Glamorgan council is underway.
John Street resident Gary Davis, 53, a garage worker, said: "I rang the council three weeks ago to tell them about it. They said it would take specialist people to remove them and action would be taken. Nothing has happened since and the bags – about half a dozen of them – are still there.
"I think they contain roof slates. They are clear bags with a warning triangle with black and white stripes and are marked ‘blue asbestos’. . But it is a concern.
A spokesman for the council said it is believed that fly-tippers had dumped the bags at the site and they would be removed as soon as possible.
To read the full account please click on the link below:
http://icwales.icnetwork.co.uk/southwalesecho/news/tm_headline=bags-of-asbestos-left-in-street-8211-for-a-month&method=full&objectid=19662799&siteid=50082-name_page.html#story_continue
Road Closed After Suspected Asbestos Find
Hereford Times reported on 4th September 2007 that part of Hereford's Hoarwithy Road had been sealed off after an asbestos find south of the city.
This is the second time that asbestos has been found in the area. Two weeks ago residents living near the site of the first find at Saxon Gate - the old Stirling Lines SAS base - reported what they thought was asbestos lying "in pieces" along a stretch of Hoarwithy Road between Web Tree Avenue and Winston Road. The two sites are about 100 yards apart.
The scene has now been sealed off and environmental health teams from Herefordshire Council were due on site to make a preliminary investigation.
To read the full account click on the following link
http://www.herefordtimes.com/mostpopular.var.1662258.mostviewed.road_closed_after_suspected_asbestos_find.php
This is the second time that asbestos has been found in the area. Two weeks ago residents living near the site of the first find at Saxon Gate - the old Stirling Lines SAS base - reported what they thought was asbestos lying "in pieces" along a stretch of Hoarwithy Road between Web Tree Avenue and Winston Road. The two sites are about 100 yards apart.
The scene has now been sealed off and environmental health teams from Herefordshire Council were due on site to make a preliminary investigation.
To read the full account click on the following link
http://www.herefordtimes.com/mostpopular.var.1662258.mostviewed.road_closed_after_suspected_asbestos_find.php
Asbestos scandal: 'Name the culprits'
The Northern Echo reported on the 6th September 2007 that a former member of a council at the centre of a scandal which saw staff exposed to deadly asbestos has called for the senior officers, who were in charge at the time to be named.
Employees at Woodhouse Close Leisure Complex in Bishop Auckland were allowed to carry on working in the building for five years, even though their bosses had been given an official warning by inspectors that it contained asbestos.
Wear Valley Disctrict Council was fined £18,000 after it admitted six serious breaches of health and safety law. None of the executives who were in charge at the time appeared in court however because they no longer work for the authority.
Now retired councillor, Derek Jago has called for the officers responsible to be identified.
To read a full account, please click on the following link:
http://www.thisisthenortheast.co.uk/display.var.1667998.0.asbestos_scandal_name_the_culprits.php
Employees at Woodhouse Close Leisure Complex in Bishop Auckland were allowed to carry on working in the building for five years, even though their bosses had been given an official warning by inspectors that it contained asbestos.
Wear Valley Disctrict Council was fined £18,000 after it admitted six serious breaches of health and safety law. None of the executives who were in charge at the time appeared in court however because they no longer work for the authority.
Now retired councillor, Derek Jago has called for the officers responsible to be identified.
To read a full account, please click on the following link:
http://www.thisisthenortheast.co.uk/display.var.1667998.0.asbestos_scandal_name_the_culprits.php
Asbestos cases triple in a year
Legal and Medical .Co.UK reported on 7th, September 2007 that criminal prosecutions brought under the Control of Asbestos at Work Regulations 2002 more than tripled last year to 37.
The Health and Safety Executive (HSE) launched seven criminal prosecutions in 2003-2004. The number of prosecutions rose to 12 in 2004-2005, but increased dramatically to 37 in 2005-2006.
Nick McMahon of London law firm Reynolds Porter and Chamberlain says: "This is a serious issue for businesses and their individual directors."The rapidly increasing number of criminal prosecutions under the 2002 rules is a clear indication that all businesses, not just those in the highest risk industries, need to sit up and take notice of the asbestos issue. "The HSE appear to be making full use of the enforcement tools at their disposal to clamp down," he added.
The average penalty for health and safety convictions in 2005/6 was £29,997. This included fines of more than £100,000.
To read more please click on the link below
http://www.legal-medical.co.uk/news/11620.html
The Health and Safety Executive (HSE) launched seven criminal prosecutions in 2003-2004. The number of prosecutions rose to 12 in 2004-2005, but increased dramatically to 37 in 2005-2006.
Nick McMahon of London law firm Reynolds Porter and Chamberlain says: "This is a serious issue for businesses and their individual directors."The rapidly increasing number of criminal prosecutions under the 2002 rules is a clear indication that all businesses, not just those in the highest risk industries, need to sit up and take notice of the asbestos issue. "The HSE appear to be making full use of the enforcement tools at their disposal to clamp down," he added.
The average penalty for health and safety convictions in 2005/6 was £29,997. This included fines of more than £100,000.
To read more please click on the link below
http://www.legal-medical.co.uk/news/11620.html
Fight for £300,000 in asbestos death claim
On 7th September 2007 the Dorset Daily Echo reported that a widow whose husband died of mesothelioma, a cancer caused by exposure to asbestos, is seeking damages of up to £300,000 from Poole council and a private company he worked for.
Barry Rankine's widow Annette, of Muscliffe Bournemouth, is claiming damages from Dixon Mechanical Services of Ferndown and Poole Borough Council.
Mr Rankine was exposed to deadly asbestos dust and fibres when he worked as a heating engineer for Dixon's predecessor at Hurn Airport near Bournemouth between 1965 and 1976.
He was also exposed to asbestos when he worked for the council as a painter and decorator working on council houses in the Poole area. He often worked in boiler rooms at the airport, stripping off asbestos lagging, and clearing up debris and dust, and by the end of the day he was often covered in dust.
His work for the council involved preparing pipes and gutters which contained asbestos, and he was not warned of the health risks.
To read the full account please click on the link below:
http://www.thisisdorset.net/display.var.1673237.0.fight_for_300_000_in_asbestos_death_claim.php
Barry Rankine's widow Annette, of Muscliffe Bournemouth, is claiming damages from Dixon Mechanical Services of Ferndown and Poole Borough Council.
Mr Rankine was exposed to deadly asbestos dust and fibres when he worked as a heating engineer for Dixon's predecessor at Hurn Airport near Bournemouth between 1965 and 1976.
He was also exposed to asbestos when he worked for the council as a painter and decorator working on council houses in the Poole area. He often worked in boiler rooms at the airport, stripping off asbestos lagging, and clearing up debris and dust, and by the end of the day he was often covered in dust.
His work for the council involved preparing pipes and gutters which contained asbestos, and he was not warned of the health risks.
To read the full account please click on the link below:
http://www.thisisdorset.net/display.var.1673237.0.fight_for_300_000_in_asbestos_death_claim.php
USA: Massive asthma rate in Ground Zero rescuers
In September TUC Risks reported that a new health peril is hitting the estimated 40,000 rescue and recovery workers who dug through the deadly rubble and toxic debris at Ground Zero of New York's World Trade Center.
A survey has found they are developing asthma at 12 times the normal rate for adults. The study, from the New York City Health Department, shows 3.6 per cent of Ground Zero workers report they have developed asthma after working at the site following the 11 September 2001 attacks.
The study was based on the responses collected by the World Trade Center Health Registry. Some 25,000 of the estimated 40,000 rescue workers have registered with the group. The study found that workers who arrived at the disaster site on the day of the attack and stayed more than 90 days reported the highest rate of new asthma - 7 per cent. Firefighters accounted for roughly 14 per cent of the reported cases.
Thomas Frieden, New York City's health commissioner, commented: 'The dust from the World Trade Center collapse appears to have had significant respiratory health effects at least for people who worked at the site.' Last autumn, a study by Mount Sinai Medical Center in New York City found that 70 per cent of the Ground Zero workers suffered lung ailments and other problems from their exposure to 'a complex list of toxic chemicals' from asbestos to jet fuel to PCBs
A survey has found they are developing asthma at 12 times the normal rate for adults. The study, from the New York City Health Department, shows 3.6 per cent of Ground Zero workers report they have developed asthma after working at the site following the 11 September 2001 attacks.
The study was based on the responses collected by the World Trade Center Health Registry. Some 25,000 of the estimated 40,000 rescue workers have registered with the group. The study found that workers who arrived at the disaster site on the day of the attack and stayed more than 90 days reported the highest rate of new asthma - 7 per cent. Firefighters accounted for roughly 14 per cent of the reported cases.
Thomas Frieden, New York City's health commissioner, commented: 'The dust from the World Trade Center collapse appears to have had significant respiratory health effects at least for people who worked at the site.' Last autumn, a study by Mount Sinai Medical Center in New York City found that 70 per cent of the Ground Zero workers suffered lung ailments and other problems from their exposure to 'a complex list of toxic chemicals' from asbestos to jet fuel to PCBs
Tuesday, 18 September 2007
Ex-James Hardie boss in criminal probe
TUC Risks reported in September that the former managing director of James Hardie, Peter Macdonald, has been revealed as the target of a criminal investigation over compensation to asbestos victims.
He is first to be named as being investigated by the Australian Securities and Investments Commission since it flagged a criminal investigation in February into the scandal that cost Mr Macdonald his job. Mr Macdonald's barrister, Steven Finch, disclosed the investigation in the NSW Supreme Court last month as he argued that his client should be excused from giving ASIC any information during a civil penalty case. Mr Finch said ASIC had written advising 'a criminal investigation is under way' but gave no further details.
Mr Macdonald, who led James Hardie from California where he oversaw the successful expansion of its housing products business in the US, has made no public appearance in Australia since a torrid stint in the witness box at the 2004 special commission of inquiry into the under funded asbestos disease compensation scheme. He resigned from the company during the furore after the commission's final report in which David Jackson QC said there appeared to be evidence of criminality.
He is first to be named as being investigated by the Australian Securities and Investments Commission since it flagged a criminal investigation in February into the scandal that cost Mr Macdonald his job. Mr Macdonald's barrister, Steven Finch, disclosed the investigation in the NSW Supreme Court last month as he argued that his client should be excused from giving ASIC any information during a civil penalty case. Mr Finch said ASIC had written advising 'a criminal investigation is under way' but gave no further details.
Mr Macdonald, who led James Hardie from California where he oversaw the successful expansion of its housing products business in the US, has made no public appearance in Australia since a torrid stint in the witness box at the 2004 special commission of inquiry into the under funded asbestos disease compensation scheme. He resigned from the company during the furore after the commission's final report in which David Jackson QC said there appeared to be evidence of criminality.
Union ups school asbestos campaign
TUC Risks reported in September that Teaching union ATL is ramping up its awareness campaign on the dangers posed by asbestos in school buildings. The union says over 400 ATL members have so far signed its asbestos register, to indicate they may have been exposed at work.
ATL says the number on the register 'is growing daily'. As part of its health and safety training for reps ATL is using the Asbestos Forum's DVD, 'Mesothelioma: The human face of an asbestos epidemic' . 'We are also providing the DVD to our safety reps - which in turn give us an opportunity to highlight the risks of asbestos exposure at branch meetings,' said ATL safety adviser Doru Athinodoru. 'The reps will then be required to find out about their employers' asbestos policy and if asbestos is present in their workplace.'
Health and Safety Executive (HSE) figures show 147 education workers died from mesothelioma in the decade between 1991 and 2000, 73 of them primary and secondary school teachers. Cumbrian coroner David Osborne last year called for asbestos to be removed from all schools to protect pupils and staff.
The Asbestos Forum's mesothelioma clip has been viewed over 67,000 times on YouTube since its launch on 27 February 2007.
ATL says the number on the register 'is growing daily'. As part of its health and safety training for reps ATL is using the Asbestos Forum's DVD, 'Mesothelioma: The human face of an asbestos epidemic' . 'We are also providing the DVD to our safety reps - which in turn give us an opportunity to highlight the risks of asbestos exposure at branch meetings,' said ATL safety adviser Doru Athinodoru. 'The reps will then be required to find out about their employers' asbestos policy and if asbestos is present in their workplace.'
Health and Safety Executive (HSE) figures show 147 education workers died from mesothelioma in the decade between 1991 and 2000, 73 of them primary and secondary school teachers. Cumbrian coroner David Osborne last year called for asbestos to be removed from all schools to protect pupils and staff.
The Asbestos Forum's mesothelioma clip has been viewed over 67,000 times on YouTube since its launch on 27 February 2007.
Tuesday, 4 September 2007
NUT lessons on school asbestos
TUC Risks Sept 1st 2007 reported that the NUT teaching union has said that schools should conduct thorough asbestos surveys and headteachers, governors and premises staff must have better knowledge of asbestos management. The union's briefing, prepared after teachers and staff were placed at risk when asbestos was disturbed at a Derby school and the city's council was prosecuted successfully in May, says visual inspections of schools for a potential asbestos risk are not enough. 'Asbestos in poor condition may be hidden away in ceiling voids or behind wall panels and therefore not visible, but fibres may nonetheless seep through cracks and contaminate classrooms and other areas,' the guide says. It is critical of both government and Health and Safety Executive policies which say as long as asbestos is in good condition, it should be managed and not removed. 'Schools cannot say that their asbestos is in good condition unless they have taken measures to identify all of it and assess its condition,' NUT says. It adds that measures must be in place to ensure building work does not create risks, with all work undertaken by approved contractors. 'Protocols should be in place at school level so as to ensure that information about asbestos is passed on to contractors who are about to start work in schools.' The NUT's 10-point action plan concludes: 'Planned asbestos removal should take place during periods of school closure. In emergency situations, for example when asbestos in poor condition is uncovered, the area should be evacuated and sealed off immediately.'
USA - Groundbreaking Asbestos Conspiracy Lawsuit
On 27th August 2007 the South East Texas Record reported that a man from Orange County is suing 50 companies for conspiring to mine, process, sell and distribute asbestos products, suppressing the information pertaining to the fibre's hazardous influence on human health and purposely inflicting him with an asbestos disease.
According to the plaintiffs' original petition, companies such as Viacom, General Electric and Zurn Industries knew that the asbestos products they manufactured would hit the market without inspection for defects."Defendants knowingly conspired among themselves to cause Cooper's injuries, diseases, and illness and/or death by exposing him to asbestos," the suit said. "Defendants committed conspiracy by willfully misrepresenting and suppressing the truth as to the risks and dangers associated with asbestos."The suit says the defendants have been in possession of medical and scientific data exposing the health risks of asbestos for decades, but conspired among themselves to suppress the information.
The case has been assigned to the 128 Judicial District Case No. A070388-c
To read the full article click on the following link:
http://www.setexasrecord.com/news/199922-orange-man-says-asbestos-exposure-was-intentional-sues-50-companies
According to the plaintiffs' original petition, companies such as Viacom, General Electric and Zurn Industries knew that the asbestos products they manufactured would hit the market without inspection for defects."Defendants knowingly conspired among themselves to cause Cooper's injuries, diseases, and illness and/or death by exposing him to asbestos," the suit said. "Defendants committed conspiracy by willfully misrepresenting and suppressing the truth as to the risks and dangers associated with asbestos."The suit says the defendants have been in possession of medical and scientific data exposing the health risks of asbestos for decades, but conspired among themselves to suppress the information.
The case has been assigned to the 128 Judicial District Case No. A070388-c
To read the full article click on the following link:
http://www.setexasrecord.com/news/199922-orange-man-says-asbestos-exposure-was-intentional-sues-50-companies
Council fined £26,000
On 27th August 2007 Builder and Engineer online reported that Wear Valley District Council has had to pay nearly £26,000 after admitting six offences under the Control of Asbestos at Work Regulations 2002.
The council was fined £18,000 at Darlington Magistrates Court. It was also ordered to pay £7,722 costs.
The case was brought following a complaint by a maintenance worker who discovered that the plant room of the council-run leisure centre where he had worked for many years contained asbestos.
HM Inspector of Health and Safety, Richard Bishop, said: "A survey had been carried out in 2001 which identified asbestos containing materials. This information was not acted upon and no-one who worked in the plant room was made aware. As a result, work that was liable to disturb the asbestos was done without the necessary precautions required by law to protect their health from exposure.
Asbestos related diseases are the largest occupational killers in the UK accounting for up to 4,000 deaths per annum.
To read the full article, click on the following link:
http://www.builderandengineer.co.uk/news/health-and-safety/wear-valley-fined-over-asbestos-656.html
The council was fined £18,000 at Darlington Magistrates Court. It was also ordered to pay £7,722 costs.
The case was brought following a complaint by a maintenance worker who discovered that the plant room of the council-run leisure centre where he had worked for many years contained asbestos.
HM Inspector of Health and Safety, Richard Bishop, said: "A survey had been carried out in 2001 which identified asbestos containing materials. This information was not acted upon and no-one who worked in the plant room was made aware. As a result, work that was liable to disturb the asbestos was done without the necessary precautions required by law to protect their health from exposure.
Asbestos related diseases are the largest occupational killers in the UK accounting for up to 4,000 deaths per annum.
To read the full article, click on the following link:
http://www.builderandengineer.co.uk/news/health-and-safety/wear-valley-fined-over-asbestos-656.html
UK 'lags behind' on cancer deaths
TUC Risks 25th August reported that cancer survival rates in the UK are trailing behind much of the continent and in some cases struggling to stay ahead of eastern European countries despite significantly more funding.
A damning online editorial published alongside the findings in the Lancet Oncology medical journal suggests the cancer plans introduced in England in 2000 and Scotland in 2001 are not working and that remedying the problem would take a fundamental overhaul of NHS services.
The survey of cancer survival rates of 2.7 million people with cancer across Europe, Eurocare, shows that the gap between the highest survival rates, in the Nordic north and the lowest, mainly in eastern countries including Poland, is narrowing. But those in the UK remain stubbornly low.
The authors say: 'Overall, survival for all cancers combined in the UK as a whole is not only below the European average, it is also noticeably similar to some eastern European countries that spend less than one third of the UK's per capita healthcare budget.
Workplace health campaigners and unions earlier this year said that a failure by official UK agencies - including government departments and the Health and Safety Executive - to recognise and publicise occupational cancer risks and preventive measures was a contributory factor to the UK's poor performance on cancer.
To read the full article click on the following link:
http://by101fd.bay101.hotmail.msn.com/cgi-bin/getmsg?msg=D87DD0A0-D4F4-4660-AB20-4FEFC3B514CE&start=0&len=73599&imgsafe=y&curmbox=00000000%2d0000%2d0000%2d0000%2d000000000001&a=b0f96df1d3fd77cb1f2d5696dfa543a2508803741a618703e68949adbff0011f
A damning online editorial published alongside the findings in the Lancet Oncology medical journal suggests the cancer plans introduced in England in 2000 and Scotland in 2001 are not working and that remedying the problem would take a fundamental overhaul of NHS services.
The survey of cancer survival rates of 2.7 million people with cancer across Europe, Eurocare, shows that the gap between the highest survival rates, in the Nordic north and the lowest, mainly in eastern countries including Poland, is narrowing. But those in the UK remain stubbornly low.
The authors say: 'Overall, survival for all cancers combined in the UK as a whole is not only below the European average, it is also noticeably similar to some eastern European countries that spend less than one third of the UK's per capita healthcare budget.
Workplace health campaigners and unions earlier this year said that a failure by official UK agencies - including government departments and the Health and Safety Executive - to recognise and publicise occupational cancer risks and preventive measures was a contributory factor to the UK's poor performance on cancer.
To read the full article click on the following link:
http://by101fd.bay101.hotmail.msn.com/cgi-bin/getmsg?msg=D87DD0A0-D4F4-4660-AB20-4FEFC3B514CE&start=0&len=73599&imgsafe=y&curmbox=00000000%2d0000%2d0000%2d0000%2d000000000001&a=b0f96df1d3fd77cb1f2d5696dfa543a2508803741a618703e68949adbff0011f
New Scottish schools asbestos shock
TUC Risks 25th August 2007 reported that three-quarters of the schools in Aberdeenshire and half the schools in Aberdeen have asbestos in them. Figures obtained by the Aberdeen Press and Journal under freedom of information legislation show that most schools in the area are affected.
Recent reports have linked school asbestos exposures to asbestos related cancers in teachers and other school staff, leading one coroner in England to call for its removal from all schools.
To read the full article click on the following link:
http://by101fd.bay101.hotmail.msn.com/cgi-bin/getmsg?msg=D87DD0A0-D4F4-4660-AB20-4FEFC3B514CE&start=0&len=73599&imgsafe=y&curmbox=00000000%2d0000%2d0000%2d0000%2d000000000001&a=b0f96df1d3fd77cb1f2d5696dfa543a2508803741a618703e68949adbff0011f
Recent reports have linked school asbestos exposures to asbestos related cancers in teachers and other school staff, leading one coroner in England to call for its removal from all schools.
To read the full article click on the following link:
http://by101fd.bay101.hotmail.msn.com/cgi-bin/getmsg?msg=D87DD0A0-D4F4-4660-AB20-4FEFC3B514CE&start=0&len=73599&imgsafe=y&curmbox=00000000%2d0000%2d0000%2d0000%2d000000000001&a=b0f96df1d3fd77cb1f2d5696dfa543a2508803741a618703e68949adbff0011f
Asbestos dumper gets his assets frozen
TUC Risks 25th August 2007 reported that a Bradford man who was jailed in March for illegally dumping asbestos and other excavation waste has had his assets frozen. This is the first case of its kind.
The Assets Recovery Agency (ARA), working with the Environment Agency (EA), obtained restraint orders to freeze properties belonging to 60-year-old William Reidy. The prosecution against Mr Reidy was brought by the EA following the illegal activities of his demolition business Space Making Development. Officers carried out surveillance on the site and estimated that a total of 200 lorry loads of waste had been illegally dumped. A skip containing asbestos sheeting was also discovered, for which the business did not hold a licence. Mr Reidy was sentenced to 16 months' imprisonment on each of four charges relating to the keeping and depositing of waste, including asbestos.
His foreman, Leonard Imeson, was jailed for four months. A third man, Neil Medley, 45, was given 100 hours community service after he pleaded guilty to two offences of falsifying documents.
Paul Salter, environmental crime officer at the EA, said: 'This is the first time that assets have been seized in a case like this and shows that businesses cannot get away with putting profits before the environment and human health - as this case shows. If you are an offender, we will track you down and take you to court. We can then refer the case to the Assets Recovery Agency which will endeavour to confiscate any monies and assets made from these ill-gotten gains.'
To read the full story click on the following link:
http://by101fd.bay101.hotmail.msn.com/cgi-bin/getmsg?msg=D87DD0A0-D4F4-4660-AB20-4FEFC3B514CE&start=0&len=73599&imgsafe=y&curmbox=00000000%2d0000%2d0000%2d0000%2d000000000001&a=b0f96df1d3fd77cb1f2d5696dfa543a2508803741a618703e68949adbff0011f
The Assets Recovery Agency (ARA), working with the Environment Agency (EA), obtained restraint orders to freeze properties belonging to 60-year-old William Reidy. The prosecution against Mr Reidy was brought by the EA following the illegal activities of his demolition business Space Making Development. Officers carried out surveillance on the site and estimated that a total of 200 lorry loads of waste had been illegally dumped. A skip containing asbestos sheeting was also discovered, for which the business did not hold a licence. Mr Reidy was sentenced to 16 months' imprisonment on each of four charges relating to the keeping and depositing of waste, including asbestos.
His foreman, Leonard Imeson, was jailed for four months. A third man, Neil Medley, 45, was given 100 hours community service after he pleaded guilty to two offences of falsifying documents.
Paul Salter, environmental crime officer at the EA, said: 'This is the first time that assets have been seized in a case like this and shows that businesses cannot get away with putting profits before the environment and human health - as this case shows. If you are an offender, we will track you down and take you to court. We can then refer the case to the Assets Recovery Agency which will endeavour to confiscate any monies and assets made from these ill-gotten gains.'
To read the full story click on the following link:
http://by101fd.bay101.hotmail.msn.com/cgi-bin/getmsg?msg=D87DD0A0-D4F4-4660-AB20-4FEFC3B514CE&start=0&len=73599&imgsafe=y&curmbox=00000000%2d0000%2d0000%2d0000%2d000000000001&a=b0f96df1d3fd77cb1f2d5696dfa543a2508803741a618703e68949adbff0011f
Tuesday, 21 August 2007
Competitive Tendering, Cheapest Price - Poor Workmanship
HUB4 on 20th August 2007 reported that the president of the Institute of Demolition Engineers has accused local authorities of putting price before professionalism when demolishing structures containing concrete contaminated with asbestos.
Davd Turner, believes that there is a "serious lack of knowledge of the CDM Regulations" at local authority levels and has called upon the Environment Agency to work with the Institute and the National Federation of Demolition Contractors to resolve the issues surrounding the disposal of concrete and hazardous waste. Speaking at the Institute's Southern regional meeting in London, Turner said that recent de-regulation had done professional demolition companies a disservice.
"Best practice is the removal of contaminants such as asbestos prior to the commencement of demolition work. This, of course, relies on the employment of professional and competent contractors using trained and preferably licensed staff, he says. "However, problems immediately arise because clients, aware that Artex and asbestos removal could exceed demolition costs, push for the asbestos to stay or favour the cheapest tender for its removal. In either of these scenarios the demolition contractor or engineer is at risk of financial loss or prosecution."
The president of the institute of Demolition Engineers, believes there is Local Authority ShortcomingsTurner also highlighted his concern over interpretation of regulations relating to the disposal of contaminated concrete. "Concrete is denoted a hazardous waste if it contains a dangerous substance above threshold concentrations but this is open to wide interpretation among officials," he says. "Some say that if sampling throughout the building shows an asbestos level below the threshold of below.01%, the concrete is contaminated rather than hazardous waste. But others say that any asbestos level, irrespective of whether the asbestos is white or blue, defines the concrete as ‘hazardous'. There needs to be clarification from the Environment Agency and the Health and Safety Executive."
To read the full account please click on the following link:
http://www.hub-4.com/news/674/ide-confronts-contaminated-concrete-crisis
Davd Turner, believes that there is a "serious lack of knowledge of the CDM Regulations" at local authority levels and has called upon the Environment Agency to work with the Institute and the National Federation of Demolition Contractors to resolve the issues surrounding the disposal of concrete and hazardous waste. Speaking at the Institute's Southern regional meeting in London, Turner said that recent de-regulation had done professional demolition companies a disservice.
"Best practice is the removal of contaminants such as asbestos prior to the commencement of demolition work. This, of course, relies on the employment of professional and competent contractors using trained and preferably licensed staff, he says. "However, problems immediately arise because clients, aware that Artex and asbestos removal could exceed demolition costs, push for the asbestos to stay or favour the cheapest tender for its removal. In either of these scenarios the demolition contractor or engineer is at risk of financial loss or prosecution."
The president of the institute of Demolition Engineers, believes there is Local Authority ShortcomingsTurner also highlighted his concern over interpretation of regulations relating to the disposal of contaminated concrete. "Concrete is denoted a hazardous waste if it contains a dangerous substance above threshold concentrations but this is open to wide interpretation among officials," he says. "Some say that if sampling throughout the building shows an asbestos level below the threshold of below.01%, the concrete is contaminated rather than hazardous waste. But others say that any asbestos level, irrespective of whether the asbestos is white or blue, defines the concrete as ‘hazardous'. There needs to be clarification from the Environment Agency and the Health and Safety Executive."
To read the full account please click on the following link:
http://www.hub-4.com/news/674/ide-confronts-contaminated-concrete-crisis
Landmark Ruling - Employer's Client Pays Compensation
Workplace Law 9th August 2007, reported a landmark ruling in which a steel erector with pleural thickening is to receive compensation from his employer's clients.
The employee, from Leeds worked for a contractor in power stations across the UK, and it was in these power stations that he was exposed to asbestos, which led to him developing pleural thickening which has left him breathless, and unable to carry out certain tasks.
His job involved pulling asbestos lagging off pipes in power stations at Kirkstall, Skelton Grange and Ferrybridge, and he was never given protective overalls or a dust mask to wear, even though he was surrounded by asbestos.
The ruling is a landmark, because the man's employer is no longer in business and was not insured.Thompsons Solicitors claimed compensation from the power stations where the man had worked. A spokesman for the firm said "This was a difficult case. Mr Walton was unwittingly exposed to asbestos while working in power stations. As a result Mr Walton is now debilitated in his daily life. But his employer no longer exists, so we pursued his claim against the occupiers of the power stations and their insurers. We are pleased we have been able to win his claim. It is only right that he be compensated for his condition."
To read the full details click on the following link:
http://www.workplacelaw.net/display.php?resource_id=8941
The employee, from Leeds worked for a contractor in power stations across the UK, and it was in these power stations that he was exposed to asbestos, which led to him developing pleural thickening which has left him breathless, and unable to carry out certain tasks.
His job involved pulling asbestos lagging off pipes in power stations at Kirkstall, Skelton Grange and Ferrybridge, and he was never given protective overalls or a dust mask to wear, even though he was surrounded by asbestos.
The ruling is a landmark, because the man's employer is no longer in business and was not insured.Thompsons Solicitors claimed compensation from the power stations where the man had worked. A spokesman for the firm said "This was a difficult case. Mr Walton was unwittingly exposed to asbestos while working in power stations. As a result Mr Walton is now debilitated in his daily life. But his employer no longer exists, so we pursued his claim against the occupiers of the power stations and their insurers. We are pleased we have been able to win his claim. It is only right that he be compensated for his condition."
To read the full details click on the following link:
http://www.workplacelaw.net/display.php?resource_id=8941
Crewe and Nantwich - Capitals of Mesothelima
This is Cheshire.co.uk reported on 13th August 2007, that Crewe and Nantwich have the highest mortality rates in Cheshire from meosthelioma, an asbestos related cancer.
People who worked in heavy engineering such as the railway engineering yards at Crewe, were at particular risk of being exposed to the material before it was banned during the 1980s.
The steady rise in mesothelioma deaths in the borough over the last twenty years, can be explained by the long gestation period of the cancer, up to 60 years. Areas where heavy engineering such as shipbuilding took place, are particularly susceptible to asbestos related diseases and Crewe and Nantwich are ranked 16th in the UK for recorded deaths from mesothelioma in the UK.
To read the full story click on the following link:
http://www.thisischeshire.co.uk/display.var.1613288.0.asbestosrelated_cancer_deaths_peak.php
People who worked in heavy engineering such as the railway engineering yards at Crewe, were at particular risk of being exposed to the material before it was banned during the 1980s.
The steady rise in mesothelioma deaths in the borough over the last twenty years, can be explained by the long gestation period of the cancer, up to 60 years. Areas where heavy engineering such as shipbuilding took place, are particularly susceptible to asbestos related diseases and Crewe and Nantwich are ranked 16th in the UK for recorded deaths from mesothelioma in the UK.
To read the full story click on the following link:
http://www.thisischeshire.co.uk/display.var.1613288.0.asbestosrelated_cancer_deaths_peak.php
Asbestos in Bexley Gardens
Newsshopper.co.uk 15th August 2007 reported that people living on a housing estate in Kent have been advised not to dig their gardens for fear of turning up asbestos.
The Wallhouse Road estate in Slade Green was built orginally as a council estate in the 1950s. It is now owned by Orbit Bexley Housing Association, which commissioned a soil investigation now being carried out by a specialist company.
There have been asbestos scares in the area before. Ten years ago, a whole series of discoveries of buried asbestos were made close to the street. All the sites were near the former TAC asbestos factory which used to be located in Manor Road, Erith.
In 1997, a former TAC worker claimed to News Shopper the company had dumped waste asbestos all over the Slade Green area and beyond.
To read the full story, click on the following link:
http://www.newsshopper.co.uk/news/topstories/display.var.1618823.0.asbestos_fears_return_to_area.php
The Wallhouse Road estate in Slade Green was built orginally as a council estate in the 1950s. It is now owned by Orbit Bexley Housing Association, which commissioned a soil investigation now being carried out by a specialist company.
There have been asbestos scares in the area before. Ten years ago, a whole series of discoveries of buried asbestos were made close to the street. All the sites were near the former TAC asbestos factory which used to be located in Manor Road, Erith.
In 1997, a former TAC worker claimed to News Shopper the company had dumped waste asbestos all over the Slade Green area and beyond.
To read the full story, click on the following link:
http://www.newsshopper.co.uk/news/topstories/display.var.1618823.0.asbestos_fears_return_to_area.php
Tuesday, 7 August 2007
New York cleans up after asbestos-tainted blast
July 19th 2007, Reuters reported that some New Yorkers doubted official assurances on Thursday that the air surrounding a deadly steam pipe explosion in midtown Manhattan was safe to breathe despite the discovery of asbestos-tainted debris.
The explosion shook buildings and unleashed a geyser of steam and boiling, brownish water.
Police wearing breathing masks closed off a large area around Grand Central Station. Air tests showed that debris in the area contained asbestos, though authorities insisted that no airborne asbestos had been detected.
Many new Yorkers remained sceptical however, remembering the false assurances that were given after the 9/11 attacks when dust samples were found to contain dangerous levels of asbestos.
http://www.reuters.com/article/bondsNews/idUSN1921430920070719
The explosion shook buildings and unleashed a geyser of steam and boiling, brownish water.
Police wearing breathing masks closed off a large area around Grand Central Station. Air tests showed that debris in the area contained asbestos, though authorities insisted that no airborne asbestos had been detected.
Many new Yorkers remained sceptical however, remembering the false assurances that were given after the 9/11 attacks when dust samples were found to contain dangerous levels of asbestos.
http://www.reuters.com/article/bondsNews/idUSN1921430920070719
Asbestos pushers dealt two serious blows
TUC Risks 4th August 2007 reported that the global asbestos industry suffered two serious blows last month.
In the first, LAB Chrysotile Inc started bankruptcy proceedings on 25 July, a move that should see the closure of Canada's last asbestos mine.
The end of asbestos mining in Quebec could have a dramatic knock-on effect for the industry worldwide. The Quebec-based Chrysotile Institute, the global asbestos industry's main lobbying organisation is financed by the Canadian industry and money from the federal Canadian and provincial Quebec governments.
With the industry's demise in Canada, it could now lose its major backers. If this happens it would deal a serious blow to the asbestos industry's resurgent marketing efforts in developing nations.
In the US meanwhile, a ban on asbestos moved a step nearer. Democrat senator Patty Murray's Ban Asbestos in America Act of 2007 was passed unanimously on 31 July by the US Senate Committee on Environment and Public Works. It will now move to the Senate floor.
www.tuc.org.uk/risks
In the first, LAB Chrysotile Inc started bankruptcy proceedings on 25 July, a move that should see the closure of Canada's last asbestos mine.
The end of asbestos mining in Quebec could have a dramatic knock-on effect for the industry worldwide. The Quebec-based Chrysotile Institute, the global asbestos industry's main lobbying organisation is financed by the Canadian industry and money from the federal Canadian and provincial Quebec governments.
With the industry's demise in Canada, it could now lose its major backers. If this happens it would deal a serious blow to the asbestos industry's resurgent marketing efforts in developing nations.
In the US meanwhile, a ban on asbestos moved a step nearer. Democrat senator Patty Murray's Ban Asbestos in America Act of 2007 was passed unanimously on 31 July by the US Senate Committee on Environment and Public Works. It will now move to the Senate floor.
www.tuc.org.uk/risks
Cash-starved HSE fails to probe major injuries
Risks August 4th 2007 reported that the The Health and Safety Executive (HSE) is failing to investigate hundreds of the most serious workplace accidents every year because of a lack of resources, safety campaigners have found.
Figures obtained by the trade union-backed safety magazine Hazards and featured last week on BBC Radio 4's Face the Facts programme show that an increasing number of major injuries which should according to HSE rules require investigation are overlooked because of 'inadequate resources'.
Figures obtained by Hazards show that HSE inspectors in 2004/05 logged lack of resources as the reason for failing to investigate incidents meeting the investigation criteria on 188 occasions.
By 2005/06 this had risen to 255. Last year the 'inadequate resources' reason was given for a failure to investigate some of the most serious workplace injuries on 307 occasions.
To read a full account click on the following link www.tuc.org.uk/risks
Figures obtained by the trade union-backed safety magazine Hazards and featured last week on BBC Radio 4's Face the Facts programme show that an increasing number of major injuries which should according to HSE rules require investigation are overlooked because of 'inadequate resources'.
Figures obtained by Hazards show that HSE inspectors in 2004/05 logged lack of resources as the reason for failing to investigate incidents meeting the investigation criteria on 188 occasions.
By 2005/06 this had risen to 255. Last year the 'inadequate resources' reason was given for a failure to investigate some of the most serious workplace injuries on 307 occasions.
To read a full account click on the following link www.tuc.org.uk/risks
Hundreds turn out for asbestos screening in Dallas
July 23, 2007, The Associated Press reported that over 500 current and former residents of a West Dallas neighborhood that was home to a vermiculite plant showed up for asbestos screening over the weekend.
In 2005, the federal government determined that the Texas Vermiculite plant could have exposed its employees and neighbors to asbestos.
W.R. Grace & Co. operated the plant from 1953 to 1992 before it was demolished between 2001 and 2002. It produced fire-retardant materials extracted from vermiculite. The process released asbestos fibers, which are small enough to be inhaled, into the air and the surrounding area. Human exposure to the fibers increases the risk of lung cancer and other disorders, including asbestosis, a condition that makes breathing difficult. Most cases occur 15 or more years after initial exposure.
Health officials screened 25 people with chest X-rays in May. Eight of them showed signs of asbestos-related disease. Further testing is needed to confirm those results.
"It was higher than we were expecting," said D. Brad Walsh, a Parkland senior planner, who organized the screening campaign.
In 2005, the federal government determined that the Texas Vermiculite plant could have exposed its employees and neighbors to asbestos.
W.R. Grace & Co. operated the plant from 1953 to 1992 before it was demolished between 2001 and 2002. It produced fire-retardant materials extracted from vermiculite. The process released asbestos fibers, which are small enough to be inhaled, into the air and the surrounding area. Human exposure to the fibers increases the risk of lung cancer and other disorders, including asbestosis, a condition that makes breathing difficult. Most cases occur 15 or more years after initial exposure.
Health officials screened 25 people with chest X-rays in May. Eight of them showed signs of asbestos-related disease. Further testing is needed to confirm those results.
"It was higher than we were expecting," said D. Brad Walsh, a Parkland senior planner, who organized the screening campaign.
Canada: Cancer society wants asbestos stopped
Risks 14th July 2007 reported that the Canadian Cancer Society (CCS) has called for an end to Canada's export of asbestos and believes the federal government should stop blocking international efforts to curb the trade in the dangerous mineral.
Although asbestos is internationally recognised as one of the worst cancer-causing materials ever to have been in widespread use, the society's decision is controversial because it undermines the national government's long-standing contention that chrysotile (white) asbestos can be used safely and should be promoted.
An estimated 95 per cent of Canada's production, from several mines in Quebec, is exported, virtually all of it to developing countries, where it is used to make cheap building materials despite safer substitutes being available.
Despite the well-known health risks, the federal government has been a strong backer of asbestos. It spent about Can$19.2 million (approximately £9m) from 1984 to 2007, including regular funding of the Montreal-based Chrysotile Institute, to promote asbestos use. CCS is also urging Canada's federal government to end its bid to block efforts to add chrysotile asbestos to the Prior Informed Consent list of particularly hazardous substances at the Rotterdam Convention's meeting in 2008.
www.tuc.org.uk/risks
Although asbestos is internationally recognised as one of the worst cancer-causing materials ever to have been in widespread use, the society's decision is controversial because it undermines the national government's long-standing contention that chrysotile (white) asbestos can be used safely and should be promoted.
An estimated 95 per cent of Canada's production, from several mines in Quebec, is exported, virtually all of it to developing countries, where it is used to make cheap building materials despite safer substitutes being available.
Despite the well-known health risks, the federal government has been a strong backer of asbestos. It spent about Can$19.2 million (approximately £9m) from 1984 to 2007, including regular funding of the Montreal-based Chrysotile Institute, to promote asbestos use. CCS is also urging Canada's federal government to end its bid to block efforts to add chrysotile asbestos to the Prior Informed Consent list of particularly hazardous substances at the Rotterdam Convention's meeting in 2008.
www.tuc.org.uk/risks
Payouts at last for T&N asbestos victims
Risks reported on 14th July 2007 that a six-year block on asbestos disease payouts from the notorious asbestos manufacturer Turner & Newall (T&N) had ended, with the first settlements coming through.
Unite's Amicus section says its members are at last receiving compensation from the defunct asbestos company more than six years after their claims were first lodged. The union says it was also able to broker a deal that allowed members to receive payments without incurring penalties from the government's compensation recovery unit All claims against the company were frozen in 2001 after T&N and its US parent company Federal Mogul went into administration.
Since then claimants and their families have been waiting for the administrator to reach agreement with Federal Mogul's creditors and insurers. In October last year the courts approved a deal to give reduced awards to claimants.
Unite joint general secretary Derek Simpson said: 'It has been a long, hard fight to obtain compensation for Unite members who worked in the former asbestos factories for T&N.' Tony Whitston, coordinator of Greater Manchester Asbestos Victims Support Group, said: 'Hundreds of former T&N workers have waited more than six years to receive compensation. Sadly many have died during the delay. Now a procedure is in place to pay compensation to victims and their families.' T&N administrator Kroll faced angry criticism last year for claiming an 'obscene' £70 million in fees while acting as administrator for the firm, part of US bankruptcy-of-convenience engineering giant Federal Mogul . Asbestos claimants, cancer sufferers and bereaved relatives will on average receive less than a quarter of the compensation they might normally have expected.
www.tuc.org.uk/risks
Unite's Amicus section says its members are at last receiving compensation from the defunct asbestos company more than six years after their claims were first lodged. The union says it was also able to broker a deal that allowed members to receive payments without incurring penalties from the government's compensation recovery unit All claims against the company were frozen in 2001 after T&N and its US parent company Federal Mogul went into administration.
Since then claimants and their families have been waiting for the administrator to reach agreement with Federal Mogul's creditors and insurers. In October last year the courts approved a deal to give reduced awards to claimants.
Unite joint general secretary Derek Simpson said: 'It has been a long, hard fight to obtain compensation for Unite members who worked in the former asbestos factories for T&N.' Tony Whitston, coordinator of Greater Manchester Asbestos Victims Support Group, said: 'Hundreds of former T&N workers have waited more than six years to receive compensation. Sadly many have died during the delay. Now a procedure is in place to pay compensation to victims and their families.' T&N administrator Kroll faced angry criticism last year for claiming an 'obscene' £70 million in fees while acting as administrator for the firm, part of US bankruptcy-of-convenience engineering giant Federal Mogul . Asbestos claimants, cancer sufferers and bereaved relatives will on average receive less than a quarter of the compensation they might normally have expected.
www.tuc.org.uk/risks
NICE back down over mesothelioma drug
Risks 14th July reported that the National Institute for Health and Clinical Excellence (NICE), which has been referred to by some health professionals and the National Institute for Curtailing Expenditure, has reversed its decision to block a drug for people with asbestos related cancer.
Following a high profile campaign by asbestos groups and unions, Alimta, a drug used in the treatment of mesothelioma is recommended for patients who are able to carry out day to day tasks but whose cancer is advanced making surgery inappropriate.
To read more visit www.tuc.org.uk/risks
Following a high profile campaign by asbestos groups and unions, Alimta, a drug used in the treatment of mesothelioma is recommended for patients who are able to carry out day to day tasks but whose cancer is advanced making surgery inappropriate.
To read more visit www.tuc.org.uk/risks
GMB action call on ship breaking risks
Risks 14th July 2007 reported that India's ship breaking yards are exposing workers to horrific conditions with hardly any safety measures.
After returning from a fact-finding mission to ship breaking yards in Mumbai, GMB national secretary for shipbuilding Keith Hazlewood said there 'were no safety provisions', adding: 'I had never seen anything like the conditions the ship breakers were having to work in.' He said there was 'a constant haze of burning and toxic fumes across the yard, no safety gloves or boots.
Some of the workers were wearing flip-flops and some were in their bare feet. No protective clothing whatsoever. Under foot was thick oil where the plates were being cut, creating yet another hazard.
The removal and handling of asbestos took place with no protection whatsoever.' He said an average ship contains between 100 and 600 tonnes of asbestos and workers remove it with little or no protection. 'We must try and help their union get more organised to protect these workers,' he said. 'The environmentalists who helped drive this industry from Britain must also be asked to help to improve the working conditions of these workers.'
TUC Risks www.tuc.org.uk/risks
After returning from a fact-finding mission to ship breaking yards in Mumbai, GMB national secretary for shipbuilding Keith Hazlewood said there 'were no safety provisions', adding: 'I had never seen anything like the conditions the ship breakers were having to work in.' He said there was 'a constant haze of burning and toxic fumes across the yard, no safety gloves or boots.
Some of the workers were wearing flip-flops and some were in their bare feet. No protective clothing whatsoever. Under foot was thick oil where the plates were being cut, creating yet another hazard.
The removal and handling of asbestos took place with no protection whatsoever.' He said an average ship contains between 100 and 600 tonnes of asbestos and workers remove it with little or no protection. 'We must try and help their union get more organised to protect these workers,' he said. 'The environmentalists who helped drive this industry from Britain must also be asked to help to improve the working conditions of these workers.'
TUC Risks www.tuc.org.uk/risks
Accountant exposed to asbestos during audits
On 21st July 2007, TUC Risks reported that a chartered accountant had died as a result of exposure to asbestos. Raymond Dunn who was 73, died after developing pneumonia caused by the asbestos cancer mesothelioma.
He was exposed to the asbestos when he visited a the offices of a factory to carry out the annual audit. He was there for no more than a couple of days each year, more than 50 years ago. He did not visit the factory itself, but he did speak of clouds of asbestos surrounding the Manchester factory in the 1950s and the presence of dust in the offices.
To read the full story go to
www.tuc.org.uk/risks
He was exposed to the asbestos when he visited a the offices of a factory to carry out the annual audit. He was there for no more than a couple of days each year, more than 50 years ago. He did not visit the factory itself, but he did speak of clouds of asbestos surrounding the Manchester factory in the 1950s and the presence of dust in the offices.
To read the full story go to
www.tuc.org.uk/risks
Thursday, 5 July 2007
Vandalism raises risk of asbestos exposure
The Scotsman reported on 8th June 2007 that teaching staff must ensure schools are asbestos free.
At the AGM of the Educational Institute of Scotland,(EIS), the union which represents scottish teachers and lecturers, delegates were told that the danger of asbestos in older schools and educational establishments was one that had to be addressed urgently.
Kenneth Brown, of the East Dunbartonshire Association, said pupils and teachers were potentially being exposed to levels of asbestos fibres that exceeded government guidelines.
He claimed vandalism and poor maintenance means concealed asbestos can suddenly become exposed. He added that teachers had to take it upon themselves to identify the risks.
To read the article in full click on the link below
This article: http://news.scotsman.com/uk.cfm?id=896382007
At the AGM of the Educational Institute of Scotland,(EIS), the union which represents scottish teachers and lecturers, delegates were told that the danger of asbestos in older schools and educational establishments was one that had to be addressed urgently.
Kenneth Brown, of the East Dunbartonshire Association, said pupils and teachers were potentially being exposed to levels of asbestos fibres that exceeded government guidelines.
He claimed vandalism and poor maintenance means concealed asbestos can suddenly become exposed. He added that teachers had to take it upon themselves to identify the risks.
To read the article in full click on the link below
This article: http://news.scotsman.com/uk.cfm?id=896382007
HSE has 'neither resources nor strategy' to deal with occupational cancers
Workplace Law reported on 2nd July 2007, that the HSE has neither the resources nor the strategy to deal with the hazards posed by exposure to asbestos which kills at least 12,000 people each year.
Work-related cancers will claim thousands of lives each year for a further working generation as a result of the "shocking complacency" of the Health and Safety Executive (HSE) according to a new report called Burying the Evidence: How the UK is prolonging the occupational cancer epidemic.
Written by Professors Andrew Watterson and Rory O’Neill of the University of Stirling’s Occupational and Environmental Health Research Group, Burying the Evidence says the HSE’s action plan – unveiled at a London seminar last week – omits a range of occupational cancers, grossly under-estimates the risks of other cancers, and excludes some of the most high risk groups of workers entirely.
Professor Watterson says that the HSE’s recommendations for action range from complacent to non-existent:
"Its evaluations on cancer causing substances including benzene, cadmium, diesel exhaust and wood dust are error-ridden, inadequate and outdated, whole categories of workers known to be at high risk are ignored, and HSE cannot quantify and continues to neglect the risk to women."
Watterson also warns that breast cancer, the major occupational and environmental cancer risk for women, is entirely off the HSE’s radar:
"The net result of this shocking complacency will be needless exposures and avoidable deaths."
The report puts the cost to the UK of occupational cancer deaths at between £29.5bn and £59bn a year, and notes that preventing just 100 of these deaths a year would more than offset the entire annual HSE budget.
Professor Rory O’Neill says:
"The HSE’s approach will do little or nothing to reduce either the volumes or the numbers of cancer-causing substances used in Britain’s workplaces. This guarantees a new working generation will face a preventable cancer risk. Asbestos still kills thousands every year and the epidemic has yet to peak. We are already seeing evidence of cancers in microelectronic workers, an industry just one working generation old, and it is anybody’s guess how work in the nanotech industry will impact on health."
Only a small proportion of industrial chemicals have been tested thoroughly for chronic health effects, he adds. The report was prepared for the Cancer Prevention Coalition, an alliance of academics, trade unions and environmental and occupational cancer campaigners.
The coalition says the UK government should recognise work-related cancers as a major public health priority.
To read the full article, click on the link below
http://www.workplacelaw.net/display.php?resource_id=8771
Work-related cancers will claim thousands of lives each year for a further working generation as a result of the "shocking complacency" of the Health and Safety Executive (HSE) according to a new report called Burying the Evidence: How the UK is prolonging the occupational cancer epidemic.
Written by Professors Andrew Watterson and Rory O’Neill of the University of Stirling’s Occupational and Environmental Health Research Group, Burying the Evidence says the HSE’s action plan – unveiled at a London seminar last week – omits a range of occupational cancers, grossly under-estimates the risks of other cancers, and excludes some of the most high risk groups of workers entirely.
Professor Watterson says that the HSE’s recommendations for action range from complacent to non-existent:
"Its evaluations on cancer causing substances including benzene, cadmium, diesel exhaust and wood dust are error-ridden, inadequate and outdated, whole categories of workers known to be at high risk are ignored, and HSE cannot quantify and continues to neglect the risk to women."
Watterson also warns that breast cancer, the major occupational and environmental cancer risk for women, is entirely off the HSE’s radar:
"The net result of this shocking complacency will be needless exposures and avoidable deaths."
The report puts the cost to the UK of occupational cancer deaths at between £29.5bn and £59bn a year, and notes that preventing just 100 of these deaths a year would more than offset the entire annual HSE budget.
Professor Rory O’Neill says:
"The HSE’s approach will do little or nothing to reduce either the volumes or the numbers of cancer-causing substances used in Britain’s workplaces. This guarantees a new working generation will face a preventable cancer risk. Asbestos still kills thousands every year and the epidemic has yet to peak. We are already seeing evidence of cancers in microelectronic workers, an industry just one working generation old, and it is anybody’s guess how work in the nanotech industry will impact on health."
Only a small proportion of industrial chemicals have been tested thoroughly for chronic health effects, he adds. The report was prepared for the Cancer Prevention Coalition, an alliance of academics, trade unions and environmental and occupational cancer campaigners.
The coalition says the UK government should recognise work-related cancers as a major public health priority.
To read the full article, click on the link below
http://www.workplacelaw.net/display.php?resource_id=8771
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