Wednesday, 27 June 2007

Families exposed to asbestos dust can claim for compensation

Workplacelaw.net reported on 21st June 2007 that the Government has published a new Bill (Child Maintenance Bill) to assist mesothelioma victims in line with recommendations made by Thompsons Solicitors.

The Child Maintenance Bill, published earlier this month, paves the way for changes put forward by specialist claimant lawyers, Thompsons, to relax the eligibility criteria for entitlement to State Benefits for mesothelioma victims.

The law firm said it was an injustice that current rules meant people exposed to asbestos dust outside the workplace were excluded from entitlement to payment of certain State funded benefits.

Earlier this year Secretary of State for Work and Pensions, John Hutton MP, announced that everyone with mesothelioma, including previously excluded groups like the self employed and family members exposed to asbestos on workers' overalls, would soon be able to claim an up-front lump sum payment.

Now the Government has confirmed it will make this change in Part 4 of the recently published Child Maintenance Bill, which is set to become law in 2008.

Thompsons' Justice for Asbestos Families campaign revealed that families in England and Wales are receiving tens of thousands of pounds less in compensation than their Scottish counterparts.

To read the article in full click on the link below
http://www.workplacelaw.net/display.php?resource_id=8727

OAP in church asbestos scare

The Scotsman reported on 21 Jun 2007 that a well meaning pensioner triggered a safety scare by asbestos lagging from a church roof - and then placing it in black bin bags.

The dangerous material was supposed to be removed from St Columba's Church in Newington by specialised contractors but an 80-year-old church volunteer beat them to it.

When workers turned up to carry out the work, they found the asbestos lagging already stored in the rubbish sacks, with traces of it spread across the church. The firm then called in the Health and Safety Executive.

A subsequent investigation found that the volunteer had cleaned up the lagging - which had been covering water pipes - in a bid to help out church bosses but was unaware that it contained asbestos.

A spokesman for the Health and Safety Executive said: "We were notified of the incident by the contractor and it transpired that asbestos had been disturbed and removed by the elderly gentleman.

"We carried out a full investigation and all of the people who used the church over the weekend were notified of what happened.

"It was clear that the gentleman did this with good intent and, as far as we are concerned, the matter has now been dealt with."

The prohibition notice was lifted later that same week when the specialist contractor removed the bin bags full of lagging from the church.

This article: http://news.scotsman.com/health.cfm?id=972162007

UNITE URGES THE LORDS TO DELIVER JUSTICE TO ASBESTOS VICTIMS

Marketwire, reported on June 22nd 2007, that the trade union Unite, is urging the House of Lords to deliver justice to the thousands of people suffering from the asbestos related condition pleural plaques.

The House of Lords is due to rule on compensation for the asbestos related condition pleural plaques on Monday 25th June.

The Court of Appeal overturned a decision by the High Court in 2005, where it was decided claimants with pleural plaques should continue to receive compensation.

The decision, unless overturned, means the end to an established right to compensation, which existed for 20 years, for pleural plaques, which are in almost every case caused by workers being exposed to asbestos due to negligence of their employers.

In the past claimants could receive compensation worth up to GBP 15,000. If the decision is upheld by the Law Lords, it will result in a substantial windfall saving for insurance firms who have brought the test case in an attempt to end compensation for pleural plaques.

To read the full story click on the link below
http://www.marketwirecanada.com/2.0/release.do?id=745205

Asbestos warning after burglary

Halifax Evening Courier – 22nd June warned that contaminated equipment which could be lethal has been stolen from a haulage firm.

The police have issued a serious health warning about the asbestos cleaning material.The equipment belonged to AG&M, of Barnsley, specialists trained in the removal of asbestos. The company had been working at the haulage firm and realised the equipment was missing on Tuesday.It is likely it is contaminated with asbestos dust and it is extremely hazardous for anybody handling it.

Tuesday, 26 June 2007

Toxic Soup of 9/11 is now killing New Yorkers

On 25th June 2007, The New York Times ran an article questioning the role of Christie Whitman, the former head of the federal Environmental Protection Agency, during the period that followed 9/11. She assured New Yorkers that "their air is safe to breathe and their water is safe to drink."

On Monday she faced tough questions about those words at a congressional hearing headed by U.S. Rep. Jerrold Nadler (D-Manhattan).

It is now known that the collapse of the twin towers and the fires which burned for months at Ground Zero triggered the worst toxic release our nation has seen: thousands of tons of asbestos, lead, chromium, benzene, PCBs, dioxins, highly-caustic cement dust and hundreds of other dangerous substances.

Nearly six years later, thousands of first responders, recovery workers, residents and downtown workers are sick. Some have died.

A study of more than 20,000 people by Mount Sinai Medical Center in New York concluded that, since the attacks, 70 percent of ground zero workers have suffered some sort of respiratory illness. A separate study released last month found that rescue workers and firefighters contracted sarcoidosis, a serious lung-scarring disease, at a rate more than five times as high as in the years before the attacks

It is alleged that they are sick and dying in part because Whitman's agency and the Giuliani administration concealed the full extent of the toxic soup in lower Manhattan.

On Sept. 12, 2001, Dr. Ed Kilbourne, an associate administrator at the federal Agency for Toxic Substances and Disease Registry (ATSDR), warned government officials against any hasty attempt to reopen the buildings in lower Manhattan.

Kilbourne was responding to an urgent White House request for asbestos clean-up guidelines for downtown Manhattan. One of the first five EPA bulk samples from the WTC site contained a "substantial concentration "of asbestos, Kilbourne warned. He said it was "important to characterize how far significant levels of asbestos extend before allowing unrestricted access by unprotected individuals."

Whitman denied that she had acted irresponsibly or that she had been coerced by the Bush Administration, to re-open Manhattan for business, before it was safe to do so.

To read the full story click on the link below
http://www.nydailynews.com/news/2007/06/25/2007-06-25_damning_questions_whitman_must_be_made_t.html

Widow wins killer dust payout

On 12th June 2007, the Newham Recorder reported that Maureen Lee, the widow of Billy Lee, has received a £177,000 compensation payout from his one-time employer, the Port of London Authority, which did not dispute liability.

Her husband lived and worked around the London docks, supervising the movement and storage of cargo which often included bags of asbestos. Some of these bags would be damaged when they were moved, for example, they might be pierced by the tines of a fork lift truck. This would result in deadly asbestos fibres being released into the atmosphere.

At the age of 60, he retired to Benfleet in Essex, but three years later in March 2004 he was diagnosed with mesothelioma, a deadly cancer caused by exposure to asbestos. He died within nine months.

Maureen's case was handled by Pauline Chandler, one of the UK's leading solicitors in industrial disease cases, from Manchester law firm Pannone LLP.The lawyer said:

"Asbestos-related disease will increase over the next 10 to 15 years as people who were exposed to it during their working lives in the Fifties, Sixties and Seventies develop symptoms."

She said Mr Lee, who lived in Canning Town, Millwall and East Ham, was exposed to asbestos as he walked around the docks. Sacks and bags of asbestos were regularly pierced by forklift trucks and the dust was released into the air.

"He was given no protective masks, nor was he even warned of the dangers of the material."

Unlike in many cases the PLA did not prolong Mrs Lee's legal fight by taking the claim all the way to court.

Experts point out that contrary to popular opinion, asbestos wasn't just used in heavy industry such as shipbuilding. It was also widely used by painters and decorators because it was contained in some wall coverings. They also used to rub down asbestos surfaces and asbestos lagged pipes prior to painting.Carpenters were asked to cut sheets of it, and plumbers and laggers often had to strip it from boilers.Women too were exposed to asbestos, particularly when their husbands came home wearing overalls covered in the killer dust.

To read the full story, please click on the link below.
http://www.newhamrecorder.co.uk/content/newham/recorder/news/story.aspx?brand=RECOnline&category=newsNEWHAM&tBrand=northlondon24&tCategory=newsnewham&itemid=WeED12%20Jun%202007%2017%3A27%3A44%3A810

£102,000 PAYOUT FOR SHIPYARD WORKER

On 20th June 2007, the North West Evening Mail reported that a 67 year old man, who contracted mesothelioma whilst working at Vickers shipyard in Barrow during the 1960s, has been award £102,000 in compensation.

Ken McDonald, aged 67, was relieved to receive the compensation which will ensure that his wife and family are provided for.

He worked as an electrician's mate on HMS Dreadnought from 1961 to 1963, and he used to carry bags of asbestos for the electricians to use when lagging pipes on the submarine. He would come home covered in asbestos dust but had no idea it could harm him.

When he was diagnosed with mesothelioma, he contacted the Barrow Asbestos Related Disease Support Group. They put him in touch with his former union, the GMB and their legal experts Thompsons Solicitors.

He said: "When I was diagnosed with mesothelioma I was not surprised but it was a tremendous shock. "Usually when you’re diagnosed with this illness they give you between two and 12 months. You’ve just got to get on with it and take each day as it comes."Mr McDonald urged anyone who suspects they have mesothelioma to contact BARDS.

He said: "If I hadn’t gone to them I wouldn’t have got my interim payment from the government, which you get almost immediately.
"The solicitors they put you in touch with are the specialists in their field.
"The work that has been done by the GMB and Thompsons just shows how important it is to join a union.
"I was in one when I worked at Vickers. Now, decades later, they have helped me."

For the full story, click on the link below:
http://www.nwemail.co.uk/news/viewarticle.aspx?id=511854

Monday, 25 June 2007

Sainsbury's asbestos fear after coughing outbreak

On June 12th 2007, icsouthlondon.co.uk reported that staff at a Sainsbury’s store are complaining of coughs, caused by dusty building work.

The shop at Lewisham Shopping Centre, Lewisham High Street is being refurbished, but one worker said that the work had resulted in a fine layer of dust settling on foods, and fine particles floating in the air. She was concerned to learn from a building contractor that there was asbestos in the building.

A spokesman for the council said that asbestos removal work takes place from time to time within the shopping centre, but that all work is notified and examined in accordance with the legal requirements.

He said more asbestos work was anticipated and health and safety officers would be working with shopping centre managers to 'ensure public and workplace safety’.

For the full story click on the link below
http://icsouthlondon.icnetwork.co.uk/0100news/0200southlondonheadlines/tm_headline=sainsbury-s-asbestos-fear-after-coughing-outbreak&method=full&objectid=19283765&siteid=50100-name_page.html

WHO aims to eliminate asbestos related diseases

The World Health Organization (WHO) has issued a draft policy paper on the elimination of asbestos related diseases

Currently about 124 million people in the world are exposed to asbestos. Each year about 89,000 people die from asbestos related diseases: lung cancer – 39,000, mesothelioma -43,000 and asbestosis – 5,000.

The WHO is hopes to encourage governments to work to towards a number of strategic objectives:

To stop the use of asbestos
To take measures to avoid exposure to asbestos during abatement work
To provide information about replacing asbestos with safer substitutes, and developing economic and technological mechanisms to stimulate replacement of asbestos by safer substitutes
To improve early diagnosis, treatment, social and medical rehabilitation and compensation of asbestos related diseases and to establish registries of people with past and /or current exposures to asbestos

WHO strongly recommends that governments introduce national plans to deal with these issues.

To read the full draft report click on the link below.
www.who.int/entity/occupational_health/publications/draft.WHO.policy.paper.on.asbestos.related.diseases.pdf

Part of school sealed off for asbestos work

A school in Selby had its PE changing rooms closed after asbestos was found during refurbishment.

The material was found in ceiling tiles, and the area had to be sealed off until the Council could arrange for licensed contractors to deal with them. The area has now been declared clear, and the refurbishment work will continue through the summer vacation.

Source: This is York.co.uk Wednesday 13th June 2007
http://www.thisisyork.co.uk/display.var.1466577.0.asbestos_found_in_school_refit.php

Asbestos-riddled town taken off the map

The town of Wittenoom in Western Australia, is being wiped off the map, literally.

The Western Australian Government has de-gazetted the town, it will no longer be shown on maps, and roads leading to the area can be permanently closed.

The former Pilbara mining town, is heavily contaminated with asbestos, and there is an extreme risk of exposure to the remaining residents, as well as to visitors, and aborigines who continue to hunt in the area. Nevertheless some residents are refusing to leave, even though the town no longer exists officially. They have resisted all efforts by the government to get them to move out, including offers to buy their homes and relocation inducements. Electricity to the area was cut off in 2005.

Mining for blue asbestos began in 1937 and the material was used extensively in local buildings.

For more information, follow the link below:
http://www.news.com.au/adelaidenow/story/0,22606,21937952-911,00.html

Tuesday, 19 June 2007

MP takes asbestos battle to Parliament

Norwich Evening News12 June 2007

A campaign to end the compensation lottery in asbestos-related deaths which sees bereaved families in Scotland entitled to tens of thousands of pounds more than those in England has been stepped up - thanks to support from a Norwich MP.Currently the level of compensation is set at £10,000 in England and Wales, whereas in Scotland, where compensation is decided by the courts, payments of up to £30,000 have been made to relatives.

Dr Ian Gibson, Norwich North MP, is one of a number of MPs to have signed an Early Day Motion (EDM) in Parliament which urges the government to "act swiftly to ensure that those suffering from this deadly disease have the same rights in England and Wales as they do in Scotland".

Dr Gibson has been a vocal supporter of the Evening News's Asbestos Action Campaign, which was set up in 1997 to highlight the suffering caused by asbestos following the death of Norwich factory worker Malcolm Gardiner.The MP said today: "I support it wholeheartedly and hope it will get a huge number of signatures and influence the government."Dr Gibson has said it was appalling that "people who worked their fingers to the bone for this country" were suffering because of the type of work they did and urged the government to make compensation the same no matter where people lived.

Ian McFall, head of asbestos policy at Thompson's, said: "Bereavement compensation for families of those who have died from mesothelioma should be equal no matter where you were exposed to asbestos in the UK."

To read the full story click on the link below
http://www.eveningnews24.co.uk/content/News/story.aspx?brand=ENOnline&category=News&tBrand=enonline&tCategory=news&itemid=NOED12%20Jun%202007%2009%3A08%3A32%3A307

Vandalism raises risk of asbestos exposure

At this year's AGM, the Educational Institute of Scotland, (EIS), the trade union for Scottish teachers warned of the dangers posed by asbestos in older schools.

One of the delegates, Kenneth Brown, said that pupils and teachers were in danger of being exposed to high levels of asbestos fibres, as a result of vandalism and poor maintenance.

To read the full report of their AGM, visit their website.
www.eis.org.uk

Clients warned of risk of biased asbestos surveys

May 30th 2007, Ross Pearman, writing in the Contract Journal warned people of the dangers of employing asbestos removal contractors to carry out non-accredited asbestos surveys.

The United Kingdom Accreditation Service, (UKAS) is the only UK body allowed to accredit asbestos surveyors. It is concerned that these contractors who are carrying out non accredited surveys, have conflicting interests and may exaggerate the extent of any asbestos problem in order to generate removal work where removal is not necessary.

It recommends that clients use accredited surveyors, unconnected to asbestos removal companies, to carry out professional, accurate and impartial surveys.

UKAS accreditation and development manager Rob Bettinson. said "We are concerned there could be a conflict of interest with such companies."

"Currently, anyone can advertise themselves as an asbestos surveyor as far as the law is concerned - they do not need any qualifications or to demonstrate that they are competent. The onus lies with the client commissioning the surveyor to ensure that they are competent."

For the full story, click on the link below.
http://www.contractjournal.com/Articles/2007/05/30/55098/clients-warned-of-risk-of-biased-asbestos-surveys.html

Thursday, 7 June 2007

Asbestos found in schools right across West Surrey

The Surrey Advertiser reported on 29/05/2007 that asbestos has been found in dozens of school buildings across West Surrey.Reports from County Hall show the potentially deadly material was present in 50 schools in Mole Valley, Guildford and Waverley.

Many voluntary aided or foundation schools, however, were not included in the list seen by the Surrey Advertiser because asbestos management is their responsibility.The county council, in its role as Local Education Authority, carried out the surveys in 2005/2006 to locate, identify and assess asbestos containing materials.

The reports were released to the Surrey Advertiser under the Freedom of Information Act.The most important factor when calculating the risk is the likelihood of fibre release following disturbance.

Different types of asbestos pose different levels of risk.Serious and often fatal diseases can be caused when asbestos fibres are released from materials to become airborne, and are then inhaled.

To read the full story, click on the link below
http://www.surreyad.co.uk/news/?article19731

Mutiny over ghost ships

Shields Gazette 2nd June 2007 reported that residents reacted angrily after a shipyard was granted permission to scrap vessels close to their homes.

A&P Tyne was granted a certificate of lawfulness by South Tyneside Council to recycle ships at Hebburn riverside. This immediately drew comparisons with the Hartlepool ghost ships which were to be dismantled by Able UK.

Residents fear the noise and pollution that will result from the decision. There are fears about potential health risks as asbestos will need to be removed from the ships.

South Tyneside Council's planning confirmed that the Environment Agency would consult with it before a waste management licence is granted. If a waste management licence is granted, A&P Tyne will be free to scrap everything from barges, boats and buoys to oil and gas platforms to submarines and semi-submersibles.

Unlike the failed plans by Able UK in Hartlepool to dismantle ships, yesterday’s decision by South Tyneside Council was a determination of law, not a planning application decision.

To read the full story click on the link below
http://www.shieldsgazette.com/latest-news?articleid=2924523

Haunted by ghost ships

The Environment News Service reported on 27th May 2007 that the export of ex US naval ships to England for scrapping has been cancelled.

The Bush administration began sending its fleet of rusting hulks on a perilous journey from Virginia across the Atlantic to Teeside ship-breaker Able UK.

However, environmental groups challenged the decision and sued the U.S. Environmental Protection Agency and the U.S. Maritime Administration, MARAD.

They argued that a number of environmental policies were being violated.

Initially the courts allowed four ships to undertake the voyage, but prohibited the passage of a further nine until an Environmental Impact Assessment was carried out. Able UK has been unable to obtain the permits required to scrap the ships

American activists condemned not only the environmental considerations but also the economic consequences of exporting jobs to the UK.

It is expected that the nine ships in the James River will now be put up to bid for domestic ship recyclers.
It is unclear what will happen to four U.S. ships that sit rusting in Teesside. The vessels contain tons of materials contaminated with carcinogenic and toxic substances such as PCBs, asbestos, mercury, and used fuel.

Currently there are 238 old ships in the National Defense Reserve Fleet, most located in Texas, Virginia and California, that will need to be dismantled. The groups warn that some of the ships are in dangerous condition and pose an environmental threat as they have never been emptied of fuels, oils and other hazardous substances.

To read the full article click on the link below
http://www.ens-newswire.com/ens/may2007/2007-05-31-09.asp

NUT pushes asbestos action in schools

Teaching union NUT is calling for action to remove asbestos from schools.

It is seeking to bring about the removal of asbestos from all schools where the material is present. The NUT claims that the government's initiative, Building Schools for the Future, will provide the opportunity to do this. It believes that making progress on asbestos removal is a priority.

Although HSE guidance calls for management of the materials rather than removal, the union spells out in detail the case for removal, and says alternatives like labelling, enclosing and encapsulating asbestos 'are much less effective.'

It says: 'Even the best management plans are subject to human fallibility. They may not be consulted, acted upon or updated. They may remain on a shelf in a head teacher's office. There may not be anyone within the local authority who actually monitors that the system is working. For all these reasons, therefore, removal is the best option.'

TUC urges NICE to be nice

Risks Magazine 26th May 2007 reported that the National Institute for Clinical Excellence (NICE) is soon to announce its recommendation on NHS availability of the mesothelioma drug Alimta. It is anticipated that NICE will say authorisation should be refused.

Michael Clapham MP has introduced an early day motion (EDM) calling on NICE to rethink its approach and on the government to 'acknowledge that, in this case, it has a wider social responsibility that goes beyond the NICE definition of cost-effectiveness.' In short, the EDM is calling for the approval of a drug already available free to people in Scotland with mesothelioma, and which it is accepted improves quality of life and life expectancy.

As of 23 May, 99 MPs had signed up - which still leaves a few hundred to go. The more that sign up, the better the chances that the government will listen and approve the drug for NHS use.

My surreal slide from doctor into patient

On May 27th 2007, the Sunday Times published a touching essay by Andrew Lawson, a a consultant in pain medicine at Royal Berkshire hospital.

He has been diagnosed as suffering from mesothelioma, a particularly virulent form of cancer which is associated with asbestos. In the article he describes how he is handling the transition from being a provider of NHS services to becoming a recipient.

It becomes even more poignant when one considers that he was probably exposed to asbestos in the dingy underground corridors that run through many of our hospitals, and that the government body NICE, (in his words the National Institute for Curtailing Expenditure), deems the drugs that could help him too expensive to prescribe. - Still more galling when those drugs are available to patients in the Scottish sector of the United Kingdom.

In spite of the irony of the situation, he manages to convey a sense of hope to other sufferers.

To read the full article click on the link below.
http://www.timesonline.co.uk/tol/news/uk/health/article1844501.ece

Wednesday, 6 June 2007

News Snippets

Construction News reported on 24th May 2007, that Wye Valley Demolition was fined £6,000 at Hereford Magistrate's Court, for releasing asbestos during demolition work at a former grain store in Bodenham in 2004.

Asbestos Cement sheets were not removed under controlled conditions as they should have been, but were thron to the ground and spread across the site.

HSE? HSC?
It also reported that plans to merge the Health and Safety Commission, and the Health Safety Executive had reached an advanced stage of consultation. Such a move would make perfect sense to those of us who never understood the need for two separate bodies in the first place.

HSE issues a reminder to the asbestos licensed industry

The Control of Asbestos Regulations 2006, were strengthened on 6th April 2007. Anyone who certifies that premises are safe to be re-occupied following asbestos work, must be accredited to carry out such work.

The site clearance certificate requires that premises where licensable work has been carrited out, has been thoroughly cleaned and is safe for re-occupation. Contractors who issue these certificates 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 the UK.

For further information follow the following link to the HSE site.

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