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
Subscribe to:
Posts (Atom)
