Monday, 30 April 2007

Asbestos compensation in England should match that of Scotland

The Glasgow Herald reported on 15th April 2007, that a report published by law firm Thompsons shows that families who have suffered a bereavement caused by asbestos receive tens of thousands of pounds less in compensation if they live in England and Wales compared with those in Scotland.

Thompsons, has launched a campaign to achieve compensation for all sufferers and their families irrespective of where in the UK they live, has called for a change in the law to bring payments into line with Scotland.

The level of compensation is set at £10,000 in England and Wales, but in Scotland payments of up to £30,000 have been made to widows, said the solicitors.

South of the border the amount of compensation paid to bereaved spouses is set at £10,000 by the Fatal Accidents Act 1976, but in Scotland the level of bereavement payments is decided by the courts.

Thompsons' head of asbestos policy, Ian McFall, said: "The law must be changed to ensure families in England and Wales are entitled to the same level of compensation as the equivalent family in Scotland. Any imbalance is unjust and cannot continue."

Describing £10,000 as a "derisory sum" for the grief caused by the death of a close family member, Mr McFall added: "Whole families suffer terribly when they lose a loved one to mesothelioma.

Des McNulty, a leading campaigner for victims of mesothelioma at the Scottish Parliament and the Labour candidate for Clydebank, said Scotland had worked hard to achieve the levels of compensation it awards.

He added: "There is a strong consensus in Scotland for proper levels of compensation for asbestos victims and I would hope that similar consideration is given to those suffering from this dreadful disease south of the border."

To read the full article click on the link below:
http://www.theherald.co.uk/news/news/display.var.1330124.0.0.php

Scotland fights to keep Alimta

The Glasgow Herald, reported on 26th April 2007 that medical experts have joined the fight to stop an English ruling denying Scottish cancer patients a life-prolonging drug.

The drug Alimta, is the only licensed treatment for meothelioma, a deadly cancer caused by exposure to asbestos.

The drug was approved for NHS use in Scotland in 2005. Meanwhile the National Institute of Clinical Excellence (NICE), which advises English health trusts, is carrying out a more detailed study of the treatment, which will be published this autumn. A public draft of its report recommends against prescribing the drug.

This judgment has automatically triggered a review of Scotland’s decision and NHS Quality Improvement Scotland, (QIS) has indicated that if nothing changes, Nice’s opinion will prevail.
Dr David Dunlop, head of chemotherapy in Glasgow, says in a letter to the Scottish Parliament: "I find it staggering that an English healthcare bureaucracy (Nice) will make a decision that will deny Scottish patients access to a drug which our executive assessed and agreed was appropriate." He adds that he and many other Scottish oncologists have seen the benefits of Alimta in patients with malignant pleural mesothelioma.

Referring to experts consulted by NHS Greater Glasgow and Clyde who felt Nice's decision should be accepted, Dr Dunlop adds: "Their opinion is not representative of the vast majority of oncologists in this country."
His comments clash with that of his employer, NHS Greater Glasgow and Clyde. Tom Divers, health authority chief executive, has told the Scottish Parliament he feels it would be unwise not to follow the English advice.

In Scotland, where asbestos was used heavily, especially in Clydeside shipyards, rates of mesothelioma are 31% higher than the UK average. Glasgow's rate is more than double.

Pressure is growing for Scotland to safeguard Alimta ahead of the elections. Clydebank Asbestos Group is calling on party leaders to make their position on Alimta clear. Lilly UK, which makes the drug, commissioned a survey involving 54 election candidates. Of these 69% said Nice's position should not be allowed to supersede Scottish guidance.

A spokesman for NHS QIS said: "When the final Nice report is published later this year we will make appropriate recommendations."

To read the full article please click on the link below:
http://www.theherald.co.uk/news/health/display.var.1355623.0.0.php

COVERED IN ASBESTOS DUST

On 12th April 2007, thisishull.co.uk reported that for years Hull dock workers had worked surrounded by asbestos - painfully unaware they were dicing with death.

At its peak in the 1960s, the port of Hull employed about 6,000 dockers.Many of them either worked in asbestos-filled ships, or even handled the substance as it was imported to this country.

About 1,900 people die each year in the UK from mesothelioma, a cancer caused by exposure to asbestos. Many former dock workers from Hull and the East Riding were affected, although the actual number is not known.

Former docker Allan Lamb, 64, of Beverley Road, South Cave, recalled workers walking home covered in asbestos dust.Many boats used for general cargos transported asbestos, but they were never cleaned and asbestos dust would remain in the vessels and on the beams.

Allan worked on the docks between 1962 and 1982. His father Albert, who also worked at the docks, died of mesothelioma in 1989 aged 79.

Although they did not come in direct contact with asbestos, harmful particles frequently stuck to clothing. At the end of a day, workers would be covered in white dust. Asbestos used to stay on ships for weeks - there was no way of getting rid of it. You could see it.

To read the full article please follow the link below:

http://www.thisishull.co.uk/displayNode.jspnodeId=136242&command=displayContent&sourceNode=228411&home=yes&more_nodeId1=136251&contentPK=17088748

HSE issues a reminder to the asbestos licensed industry

On 13th April 2007 the HSE issued a reminder that The Control of Asbestos Regulations 2006 were further strengthened on 6 April 2007 by the requirement that anyone who certifies premises to be safe to be re-occupied following asbestos work must be accredited.

Regulation 20(4) of the Control of Asbestos Regulations 2006 now requires anyone who issues a site-clearance certificate to be accredited by an appropriate accreditation body as competent to carry out such work. The site clearance certificate requires that premises where licensable asbestos work has been carried out has been thoroughly cleaned and is safe for re-occupation.

To demonstrate competence they must conform with the specified requirements in two international standards - ISO 17020 and ISO 17025.

The United Kingdom Accreditation Service (UKAS) is currently the sole recognised accreditation body in Great Britain.

http://www.hse.gov.uk/press/2007/e07015.htm

Thursday, 12 April 2007

TUC Risks 7th April 2007


Reported the following

Dockers win asbestos appeal

Hundreds of former dock workers can sue the government for compensation for asbestos-related illnesses, thanks to court victory this week. The Court of Appeal upheld a High Court test case decision last year that the government is liable to compensate former dock workers. The test case was brought on behalf of Robert Thompson, a 65-year-old former docker with asbestos-related disease, and Winifred Rice, whose docker husband Edward died in 2000 of mesothelioma, aged 67. Lawyers for the Department of Trade and Industry (DTI) took the case to the Court of Appeal in an attempt to reverse the high court ruling. A successful appeal would have blocked the dockers' compensation claims. The appeal decision will allow hundreds to be compensated by the government instead of them hunting in vain for liable dock employers that no longer exist.

Kevin Johnson, a partner at law firm John Pickering and Partners who acted for Mr Thompson and Mrs Rice, said it is right that the DTI, the government department acting on behalf of former dock labour boards, has been made to take responsibility. 'The Court of Appeal has given former dock workers and their families the lifeline to financial security that they so badly needed,' he said. 'By the time these men become ill through asbestos, they can't trace and pursue many of the private dock companies that employed them. But the dock labour boards knew they were exposing the men to harm by allowing them to work unprotected.'

More asbestos deaths as dangers remain

Workers are continuing to be killed by asbestos exposures - but employers continue to take deadly risks putting a new generation in danger. An unnamed widow from Chorley, Lancashire, has received £295,000 in compensation after her husband, who was exposed to asbestos as a 15-year-old apprentice engineer for British Rail, died of the asbestos cancer mesothelioma. She said: 'I took on the case after his death and Amicus and Thompsons have been very supportive. I am glad it has come to a close now. No amount of money can bring him back, but it means things will be a little easier.'

Another ex-railway worker, Frederick Allen, (see previous posts in this blog) has been awarded damages of £128,500 after being diagnosed with mesothelioma. The 70-year-old's former employers, British Rail and Swindon Pressings, agreed to settle the case before it went to trial. Mr Allen, of Wooton Bassett, was represented by Brigitte Chandler of Charles Lucas & Marshall. She said: 'Due to Mr Allen's illness we had to progress this claim very quickly.

We were able to obtain early judgment against the defendants who finally agreed to settle the night before the trial, when the damages would have been assessed.' GMB this week warned that former workers at a North Shields firm, Smiths Shiprepairers, based in North Shields, may have to wait for years for compensation for asbestos-related conditions because the firm and its insurers are in liquidation. Normally under these circumstances the Financial Services Compensation Scheme (FSCS) would meet the liabilities of the employer, but says it will not pay out until the receivers have confirmed there are no other assets available for the company to meet the asbestos claims.

The union is also concerned that workers continue to be placed at risk by asbestos cowboys. The warning from GMB Northern came after North East Environmental Ltd, based in North Tyneside was fined £4,600 at North Shields Magistrates Courts for not holding a licence for the removal of asbestos. Regional secretary of the GMB, Tom Brennan said: 'Unscrupulous companies think they can avoid the red tape and extra costs by not applying for a licence to remove asbestos when one is needed. GMB members should protect themselves by ensuring their employers are disposing of asbestos correctly. They should report any incidents of the incorrect disposal of asbestos to their union health and safety representative.'

To read the full newsletter click on the link below:
http://www.tuc.org.uk/h_and_s/tuc-13170-f0.cfm

Asbestos Removers Prosecuted

On 24th February 2007, the Suffolk Evening Star reported that Health and safety officials were preparing to take an asbestos removal company to court after claims they risked public safety while stripping the potentially hazardous substance at an Ipswich development.

LCH contracts, who worked to remove asbestos from St Francis Tower in 2005, are accused of breaching safety regulations by failing to protect those not in its employment, contrary to the Health and Safety at Work Act.The company is also alleged to have breached three Control of Asbestos at Work regulations by failing to follow a plan of work, failing to protect workers inside an enclosure while dry stripping asbestos and failing to prevent the spread of asbestos.

LCH, which is based in Billericay, Essex is licensed to remove asbestos by the HSE.The asbestos removers are co-accused with Loughton-based R Maskell Limited, who were the principal contractors on the redevelopment of the Franciscan Way tower block in 2005 and 2006.

HEALTH and safety officials announced plans to prosecute LCH for asbestos breaches as startling figures were released warning of a cancer epidemic caused by exposure to asbestos.Scientists warned that carpenters, laggers and builders exposed to asbestos in the 1960s and 70s face a grim future as 60,000 people will die from related lung cancer, mesothelioma.To read the full story please click on the link below

http://www.eveningstar.co.uk/search/story.aspx?brand=ESTOnline&category=News&itemid=IPED23%20Feb%202007%2011:54:53:077&tBrand=ESTOnline&tCategory=search

School Closed in Asbestos Scare

On 6th April 2007, the Northamptonshire Evening Telegraph reported that companies responsible for an asbestos which closed a school have been fined £100,000.

Southfield School for Girls, in Kettering had to close for seven months, because asbestos was distrubed during refurbishment work. Pupils lost coursework, and teachers lost notes, and all of the school's computers were ruined by the work which took place during the summer holidays in 2003.

Northampton-based Briggs & Forrester Electrical was fined £60,000, B&W Asbestos Removal Specialists, of Bedford, £30,000 and its director Marcus Buckle was fined £10,000 after admitting breaching health and safety rules.

The refit eventually cost £6.5 million and a civil case is still to be settled.

To read the full story please click on the link below


http://www.northantset.co.uk/ViewArticle.aspx?ArticleID=2231098&SectionID=661

Ex railway worker wins asbestos settlement

Swindon Gazette and Herald reported on 3rd April 2007 that a former railway worker, Mr Frederick Allen, had been awarded damages of £128,000 after being diagnosed with mesothelioma following exposure to asbestos dust. His former employers, British Rail and Swindon Pressings settled the case before it went to trial.

Mr Allen was represented by Brigitte Chandler of Charles Lucas and Marshall, who specialise in bringing asbestos claims.

Mr Allen was employed by British Rail between 1954 and 1961, and he worked in a number of places where he was exposed to asbestos. These included the notorious Seven Shop, where blue asbestos was sprayed onto the coaches.

During the rest of his career Mr Allen continued to exposed to different types of asbestos in the form of pipe lagging and clutch and brake friction material. In one location bags of asbestos were kept on the premises and the material was distributed by hand.

To read the full story please click on the link below:
http://www.gazetteandherald.co.uk/news/headlines/display.var.1303975.0.ex_railway_worker_wins_asbestos_settlement.php

Mesothelioma Compensation for Woman Aged 49

The Islington Gazette reported on 4th April 2007, that a local woman, Cheryl Marsh aged 49, had won compensation after being exposed to asbestos.

She grew up on the Brecknock Road Estate in Holloway, and whilst playing as a teenager, she and other children used to hang out in the boiler rooms to escape the cold. This area was covered in asbestos dust. She was also exposed to asbestos later when she was employed by Islington Council on a motorcycle scheme.

She was diagnosed as suffering from mesothelioma, a fatal asbestos related disease in 2004.

To read the full story please click on the following link.
http://www.islingtongazette.co.uk/content/islington/gazette/news/story.aspx?brand=ISLGOnline&category=news&tBrand=northlondon24&tCategory=newsislg&itemid=WeED04%20Apr%202007%2011%3A32%3A36%3A073

Wednesday, 4 April 2007

ACAD and Asbestos Central to show new software at NEC.


The new Asbestos Removal Software developed by Asbestos Central, and endorsed by ACAD, will be on show at the Safety and Health Exhibition at the NEC on 22nd 23rd and 24th May.

People using the new software are delighted by the great efficiency savings the program provides when they are quoting for work.

They report that the system makes every stage of a removal project easier, from initial enquiry to final invoicing.

It prepares quotations based on actual costs and builds in required profit margins.
It generates quotation letters, legal documentation including terms and conditions, ASB notification, method statements, and a site pack detailing the procedures to be used on the job.

It maintains a full audit trail and photographic evidence of every process carried out, including results of air tests and details of operatives, etc.

It maintains staff training records, and equipment calibration / test certificates and prompts action when these need to be updated.

It maintains a prompting mechanism for any procedure that is still outstanding, so that no detail can be overlooked.

It provides documentary evidence to customers, insurers, financial institutions and HSE inspectors that work is being carried out in a systematic and professional manner.

Asbestos Central specialises in asbestos. It is different from many of the software companies which develop generic programs and then try to make them fit different applications. It develops programs specifically for our industry.

Asbestos Central also markets other asbestos software programs:

Survey Maker, provides software for carrying out Asbestos Surveys and for creating an Asbestos Register.

Asbestos Manager, provides software to manage asbestos in buildings safely and in compliance with the legislation.

Tuesday, 3 April 2007

Wood – not always as harmless as we’d like to think

Destination Santé reported on 20th March 2007 that it was well known that wood dust can cause cancer. In France around 308,000 workers are exposed to it, and they run the risk of developing cancer of the corpora cavernosa, in the upper respiratory tract.

Most at risk are those who work in the building and furniture industries. In France the occupational exposure limit is set at 1mg of dust per cubic metre of air, but over half of workers are exposed to higher levels.

Those who spend all day, sanding, sawing and drilling in enclosed areas are particularly at risk, though DIY enthusiasts are also vulnerable. Professional quality respiratory protection equipment has been proved effective in protecting against inhalation of dust.

Today, cancers due to inhalation of wood dust are the second most common industrial cancer after those caused by asbestos. To read the full story, click on the link below,
http://www.destinationsante.com/en_depeche.php?id_rubrique=252&id_article=21142&cat=1

For more information, visit the website of the UK Health and Safety Executive:
http://www.hse.gov.uk/woodworking/dust.htm

Cancer Drug Blocked

York Press 3rd April 2007 reported that a group supporting people suffering from asbestos related illnesses in York, has condemned a decision to block the dispensing of an important drug used to treat the condition.
The National Institute for Clinical Excellence (NICE) said that it did not recommend Alimta, as an effective drug for those suffering from mesothelioma. Alimta is a licensed treatment which has been used with great effect to treat the disease for more than two years.
Dr Gillian Leng, implementation director and executive lead for NICE's guidance on the treatment, said: "Although aspects of the appeals were upheld, a further review, in accordance with the directions of the Appeal Panel, of the data available on the clinical and cost effectiveness of Alimta for the treatment of malignant pleural mesothelioma, did not show that Alimta plus cisplatin was superior to other, far less costly treatment regimens currently being used to treat mesothelioma."
Professor Nick Thatcher, specialist lung consultant at the Christie Hospital NHS Trust and South Manchester University Trust Hospital, said: "Yet again, NICE have applied their particular costing approach of one size fits all, and as a result NHS patients will die prematurely from pleural mesothelioma."
To read the full story please click through on the link below:
http://www.yorkpress.co.uk/news/yorknews/display.var.1303207.0.cancer_drug_block_blow.php

Hidden cancer epidemic is work's biggest killer

Risks April 1st 2007 reported that UK unions are supporting a global 'zero cancer' campaign targeting workplace cancers. The coalition of unions from around the world claims that and epidemic of occupational cancer claims at least one life every 52 seconds, that amounts to over 600,000 occupational cancer deaths a year. In the UK alone an estimated 50 people a day are dying of work related cancers. It claims however that the tragedy is being ignored both by regulators and employers.
The union Amicus has called upon the HSE to produce an updated estimate of workplace cancer deaths - it says HSE's estimate of 4% of all cancers being caused by work is based on flawed evidence, and the real figure is nearer to 12%.
To read the story in full, please follow the link below:
http://www.tuc.org.uk/h_and_s/index.cfm?mins=242

Hidden cancer epidemic is work's biggest killer

Risks April 1st 2007 reported that UK unions are supporting a global 'zero cancer' campaign targeting workplace cancers. The coalition of unions from around the world claims that and epidemic of occupational cancer claims at least one life every 52 seconds, that amounts to over 600,000 occupational cancer deaths a year. In the UK alone an estimated 50 people a day are dying of work related cancers. It claims however that the tragedy is being ignored both by regulators and employers.
The union Amicus has called upon the HSE to produce an updated estimate of workplace cancer deaths - it says HSE's estimate of 4% of all cancers being caused by work is based on flawed evidence, and the real figure is nearer to 12%.
To read the story in full, please follow the link below:
http://www.tuc.org.uk/h_and_s/index.cfm?mins=242