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

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#

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

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

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

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

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

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.

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:
http://by101w.bay101.mail.live.com/mail/ReadMessageLight.aspx?Aux=4%7c0%7c8C9E0D86E0144C0%7c&FolderID=00000000-0000-0000-0000-000000000001&InboxSortAscending=False&InboxSortBy=Date&ReadMessageId=51c8b728-0ea8-4770-9250-4ffee334e2f8&n=1931486161

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:
http://by101w.bay101.mail.live.com/mail/ReadMessageLight.aspx?Aux=4%7c0%7c8C9E0D86E0144C0%7c&FolderID=00000000-0000-0000-0000-000000000001&InboxSortAscending=False&InboxSortBy=Date&ReadMessageId=51c8b728-0ea8-4770-9250-4ffee334e2f8&n=1931486161

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.

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

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.

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

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.

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

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

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