Asbestos Killing British Military Veterans but does the Government give a damn?

"As the country this month remembered those who have died in conflicts, the TUC has said those who suffered and died as a result of hazardous exposures while serving in the forces should not be forgotten. Many contracted diseases they contracted while serving in the military, including the deadly asbestos cancer mesothelioma.

According to TUC head of safety Hugh Robertson: “Around 2,500 people develop mesothelioma every year in the UK and a large number are ex-military. Many are ex-navy as most ships were literally covered in asbestos until the 1980s. It was used as a coating, insulator and flooring. Navy personnel were frequently exposed to high levels of asbestos dust in boiler and engine rooms, but even in their sleeping quarters and mess halls.”

Academics at the London School of Hygiene and Tropical Medicine have predicted that over 2,500 naval veterans will die from mesothelioma between now and 2047.

TUC’s Hugh Robertson said many will be denied compensation as the Mesothelioma Act, which provides compensation to sufferers who can’t trace their former employer or their insurer, exempts the armed forces. He added that ex-service personnel who were exposed before 1987 - which is most of them - will not be able to make any claim, because the “Crown immunity” from prosecution covers all cases up to that date.

Instead, they are given a War Disablement Pension during their lifetime – but mesothelioma victims typically survive only months after diagnosis, so this is unlikely to amount to a great deal. If they live for a year, the maximum they can receive is around £31,000.

This compares with an average civil payment for mesothelioma of over £150,000. Hat tip TUC risks

TUC Stronger Unions blog.

Action Mesothelioma Day Friday 5th July - HOPE

This lunchtime I was at the historic Old Town Hall in Stratford, E15 to help mark "Action Mesothelioma Day".

In the court yard people had gathered to mark the release of white doves as "tributes of love and embrace" to the relatives of all those who have died from asbestos related diseases.

I was asked by London Hazards as a local Newham Councillor to say a few words to the ceremony.  I said that I was a Labour Councillor but also an UNISON safety rep. I worked as a Housing officer in a large 1960s/1970s estate in nearby Tower Hamlets where until recently 90% of homes contained some form of asbestos.

This makes you think of the safety of the workers who first built this estate, those who have since maintained it and the residents who have lived in it.

This commemoration service was not only about obtaining justice and compensation for the many victims of asbestos and their families but also about how we must all argue for a different economic and political society that would not allow the health of future generations to be only second best to profit.

Next I helped out to release the doves - this was very beautiful and moving.

Tony O'Brien chaired the seminar that followed with first speaker Peter Williams pointing out that Newham and Barking had the worse death rates from Mesothelioma in Greater London. This was due to the traditional heavy industries located in East London but it was not only workers in these factories, building sites and docks who were exposed but their neighbours and even children in local schools.

There was a brave message of HOPE by Anne who is a mesothelioma sufferer, that with early diagnostic & good treatment you can have reasonable prognosis of a cure.  Anne wants everyone who knows they have been exposed to asbestos (which is probably all of us) to go for a CT scan as soon as they get any symptoms.

John McLean, GMB national safety officer reminded us that it was nonsense that no one knew asbestos was dangerous in the past. The first confirmed death from asbestos was nearly 100 years ago in Rochdale. The founder of the GMB was a local Labour MP (and before that West Ham Councillor) Will Thorne, who brought up the danger of asbestos in Parliament in the 1930s.

John also reported on the campaign for the removal all asbestos from public buildings & adequate "no fault" compensation for all victims. He told us about the promising research in the USA on treatment for mesothelioma.   This is early but great news for victims it also will help change attitudes to mesothelioma I think if the public understand it is not an automatic death sentence (if caught early and you receive good treatment).

Asbestos regulations are up for review this year but John thinks that the regulations are currently okay but need to take into account inadvertent exposure to the public.

UPDATE: LHC have published my account here with more photos of whole event by Joe Syz which I have copied the first one showing the release of the Doves.

National Action Mesothelioma Day - Friday 5 July Stratford Town Hall

Friday 5th JULY 2013
"You are invited to attend a commemorative event at 12:30pm to remember all those who have died and who are suffering because of asbestos
Speakers
Peter Williams Head of Asbestos and personal injury,
Field, Fisher, Waterhouse
John McClean GMB National Safety Officer

There will be a release of doves, at 1pm, followed by a short seminar, and a buffet will be provided.
The event is organised by London Hazards Centre and East London Mesothelioma Support, ELMS.
All invited but please RSVP to margaretsharkey@lhc.org.uk

5 facts about asbestos

1 Asbestos is a known human carcinogen and there is no safe level
of asbestos exposure.
2 54 countries have banned asbestos. The UK finally banned all types
of asbestos in 1999.
3 Asbestos fibers can cause asbestosis, lung, and gastrointestinal
cancers, and an aggressive cancer called mesothelioma. The average
life expectancy of a mesothelioma patient is six – twelve months.
4 Asbestos-caused diseases have a 10 – 50 year latency period from
initial exposure to development of disease.
5 The World Health Organisation estimates that 107,000 workers
die annually from exposure to asbestos. And in the UK over
3,200 die from mesothelioma each year according to HSE"

Asbestos Legal Update: London Regional Health & Safety Committee

Picture of Thompson's personal injury solicitor, Ann-Marie Christie, with London UNISON health and safety network members.

Yesterday lunchtime she gave an update to the Regional Health & Safety committee and branch officers network on the latest legal developments. 

The good news was that there was finally justice for many victims of the deadly asbestos cancer Mesothelioma following the recent ruling by the Supreme Court against 6 rogue insurance companies (the so called "trigger issue"). Who for the past 6 years had tried to get out of paying compensation by arguing that they should not pay out when the company they insured actually fatally exposed their workers to asbestos only when the cancerous symptoms developed. Since this was often decades later when the insurance policies were expired this of course would have meant that many of the 2,500 people per year who get Mesthelioma would receive nothing.

While this is indeed a victory (by the trade unions who funded the appeal) it is too late for all those who have died in the meanwhile since 2006.  Their families may now finally get recompense.

No such good news on the battle for Pleural Plaques compensation nor for a bureau to register the insurance policies for companies that have now gone bust. The TUC estimate that at least 5,000 people die every year from asbestos related conditions and that 1 in every 100 men born in the 1940's will also die prematurely from these conditions. The majority of asbestos imported into this country took place from 1955 to 1980.

The movie actor, Steve McQueen, died from Mesothelioma. Not because he was a racing driver who wore fire retardant overalls which contained asbestos, as I had read, but because he had worked in ship engine rooms and ship yards before he become famous. 

Update: I forgot to mention that I thanked Thompson's at the meeting for a £60k settlement they won for a member of my branch who suffered a nasty accident at work. Ann-Marie stressed the importance of taking pictures of the accident scene as soon as is possible.

London Hazards Asbestos Conference 2011

"London Hazards Asbestos Conference is taking place at The Abbey Centre, 34 Great Smith Street, Westminster SW1P 3BU on Friday 18^th November 2011 at 10am.

The conference is aimed at establishing and developing networks to support asbestos victims in Greater London. The conference will develop a strategy to raise awareness among London communities of all the dangers and look at advances in treatments for asbestos diseases; the latest developments in legal remedies if damage results from negligence.

Speakers include:

Andy Slaughter – MP, Labour Party Shadow Justice Minister

Gail Cartmail – Unite National Construction Secretary

Simon Hester – HSE Construction Inspector London and Prospect

William Cambell – Chair London Boroughs Asbestos Group

Michael Lees – Campaign Against Asbestos in SChools

Lisa Booth – HASAG Support Group

Ian McFall – Thompsons Solicitors

Steve Sadley – Asbestos Removal Contractors Association

Tony O’Brien – Construction Safety Campaign

Booking fee is £20 (includes refreshments) – free to victims and family members. Places are limited and early booking is strongly advised.

Download the booking form here: Asbestos Booking Form 18 Nov 2011

For the full program, contact Michael Dooley via email on michaeldooley@lhc.org.uk or on 0207 358 0322".

UNISON health and safety seminar 2011: Judith Hackett on the cuts and charging for enforcement?

Today the national UNISON Health & Safety Seminar took place at the ICC in Birmingham. There were around 250 delegates from all over the UK and all parts of UNISON. Assistant General Secretary (and member of HSE Board) Liz Snape chaired the seminar. She told us that UNISON has 12,000 safety reps protecting members and although our work is often invisible and behind the scenes are role is absolutely vital. Our keynote speaker was Judith Hackett (left) who is the Chair of the Health & Safety Executive who was described as someone “who says it as it is”. This reminded me of the last time I had heard Judith speak.

Judith also thanked safety reps for the important work that they do. The core mission of the HSE is still to prevent death, serious injuries and work related ill-health. She believes that despite the cuts and recent Coalition reports and pronouncements they still fall with the broad HSE strategy that was started in 2008. Safety reps and managers need to lead in safety matters. Need Joint working such as the “Safe and Sound at work - do your bit” course. In which there is joint training with reps and management. Finding solutions together rather than being confrontational. .  

The Comprehensive Spending Review meant a 35% saving on public funding over the next 4 years. However, a bit of context. 35% cuts are the norm in the Department of Work & Pensions. So we are not being dealt with harsher than anyone else under this remit. She accepts that many of us think there should not be any cuts at all.

1/3 of their work is claimed back already from industry. The cuts apply to the rest. Moving the HSE headquarters from London to Bootle has saved money. 200 HSE staff left in a voluntary exist scheme recently. Rationalisation of estate and cuts in back office services will result in further savings. Recognise the importance of saving front line services as far as we can. Will not change in high risk industries but will look to modernise. Other services we will not change are reactive work including inspections and responses to complaints and reports. Reactive will remain unaffected but somewhere pain is inevitable. Numbers of inspections will have to be will have to be reduced in some areas. Have to target inspections with regard to risk. Compare other possible methods of interventions than individual premise inspections. In some workplaces, pro active inspections remain the best but in other sectors evidence points to effectiveness of other interventions. We will not take decisions in isolation, we will speak to stakeholders. We will learn as we go on. Over time a company or sector may improve performance and receive less attention or if they deteriorate they will receive more. 

On Monday the Minister said the clear intention is to take tough line with those who flout the law. See the idea of cost recovery from firms who do this. We can discuss what “low risk” is. However “low risk” does not mean no risk. In future we may have a supporting role rather than leading role in the production of guidance. Charging for HSE inspections. This is a fair deal. It should be welcomed by vast majority of employers since they claim they are complaint so they have nothing to worry about. It only penalises those who don’t comply. It brings a level playing field with costs. It is another form of enforcement. We may charge for some advice. But will not go back on our policy to make all information and guidance free to download from our web site. Our ideas need to develop and work out the detail and we need to consult. So context again: there is not a 35% reduction in everything we do. We already recover costs so it seems fair to extend this. It puts an increased onus on those who at fault. So they should be charged for the costs we bear to put their house in order.  

Summary. Foolish to deny times are tough. What is still constant is that we both share similar concerns and a “shared mission”. We won’t agree on everything but we all agree on this. Now we need your support and all of you to play your part. To be our eyes and ears. This is not where you want to be but despite the problems we all need to work together and do our bit.

In the Q&A she was asked is it sending the wrong message by saying office’s are “low risk” when many office workers suffer from high stress levels and asbestos is found in offices? She said again that low risk did not mean no risk. It is obvious that the level of risk in a corner shop will be different from that found in a Timber cutting yard.

I asked whether she was suggesting that safety reps should be taking the place of HSE inspectors and if she envisage a “beefed up” role for reps? If so this would maybe help change the governments mind about cutting inspections? She responded by repeating our importance as being their eyes and ears.  

She confirmed that the “Killer Asbestos” campaigns will continue and that she was not sure whether a reduction in RIDDOR reporting from 3 to 7 days was a good idea. But we need to review RIDDOR since there are a lot of problems with it such as under reporting. She dismissed the question that did the cuts mean that the HSE was now a toothless tiger by saying that the organisation has delivered amongst the best health & safety record in the world. Things are not perfect but you should not forget this. The safety system in the UK does not depend on the HSE alone. You do yourself a disservice if you think this. 

Safety Matters: Pre-employment health checks, asbestos in schools and risky work fines

Nothing much is supposed to happen in August but check out this week’s TUC weekly on-line bulletin  “Risks”.

Pre-employment health checks are to become illegal under the Equality Act in October. Employers will not be able to ask health questions or make medical checks on job applicants before offering them the job. This will make it far more difficult for them to discriminate against the disabled since they would then have to “justify” why they are withdrawing a job offer after they discover someone has a disability.

Excellent news!

Waltham Forest Council Ace UNISON health & safety rep, Su Manning is mentioned also for “hammering” her employer over HSE enforcement notices about their failure to carry out checks over asbestos and legionnaire disease in schools (schools????? I kid you not)

Another important advance reported was that the Appeal Court has ruled that it was legal for courts to give firms big fines over significant (risky) safety failures which could (but luckily didn’t) have resulted in large numbers of people being killed.

This is fundamental to the H&S principle that prevention is much, much better than cure.

(picture I took of disturbed and crumbling asbestos pipe lagging in a library basement used as a storage area during a trade union safety inspection in 2003)

Asbestos: A legal Update.

This (late) post is about the UNISON London “Safety Network” meeting that took place in December. All London UNISON branch health & safety officers are invited to these lunchtime events which take place after the main meeting of the London Health & Safety committee.

We had Lorna Webster as our guest speaker. Lorna is an Asbestos Team Supervisor with Thompson’s solicitors. Here is some of her stuff I thought useful

To be successful in any personal injury claim you have to prove the employer was “negligent” and that the injury was foreseeable. Problem with asbestos is the exposure to harm was on average 40 years. It may be as low as 10 or as high as 60 years. It is the asbestos law at the time of exposure which is relevant not now.

We need to prove that the employers knew (or ought to have known) the risk and should have not have allowed employees to use asbestos or given them adequate protection.

Types of asbestos – Blue “crocidolite” (and the most toxic); Brown “amosite” (bad) and White “chrysotile” (Not as toxic as Blue or Brown but wrongly thought to be “not dangerous”) the most widely used. In 1986 it was estimated that the UK had imported 6 million tonnes of asbestos.

Diseases - different asbestos related diseases. Pleural Plaques (usually symptomless - compensation now stopped); Pleural thickening (range from no symptoms to quite bad); Asbestosis (range from no symptoms but can be fatal); Asbestos Induced Lung Cancer and Mesothelioma (fatal – no known cure).

TUC statistics that 1:100 men born in 1940’s will die of mesothelioma. Currently 1800 asbestos related deaths per year rising to 2000 by 2016.

Dangers of asbestos known since at least 1899. There are a number of regulations and reports throughout the last century. If exposure was before 1965 you have to prove that it was “substantial”.

There are two types of settlements. Traditional “full & final settlement” and “provisional damages” settlement. Thompsons usually advise live members with non-fatal cases against settling on a “full and final basis”. If the member were to develop a more serious related asbestos condition later they or their estate and/or dependants could come back for significantly more compensation.

Members may also be entitled to Industrial Injuries Disablement Benefit (IIDB - if at least 14% disabled due to that condition). Mesothelioma claims are fast tracked by DWP and are awarded 100% disability. For more serious cases there may be also disability care benefits. NB: DWP benefits have to be repaid if personal injury claims are successful. If IIDB successful they may be entitled to one off payment under Pneumoconiosis etc (Workers Compensation) Act 1979.

In some cases someone has mesothelioma not due to work (such as a wife washing husband’s overalls) they are not entitled to IIDB but maybe to care benefits and a one off lump sum under the 2008 “Diffuse Mesothelioma Scheme”.

Current asbestos campaigns include compensation for Plural Plaques; Trigger Issue Test case (some insurers are shamefully refusing to pay claiming they are only liable to the asbestos exposure not the development of the disease – payments have been stopped pending possible appeal to House of Lords) and Employers’ Liability Insurance Bureau (ELIB); One in 20 claims fail because the employers has gone out of business and the insurer is untraced. There should be a similar scheme as the ABI motor insurance scheme that pays compensation to people injured by uninsured drivers and finally the campaign for a National Centre for Asbestos related diseases. The Government does not fund research into asbestos related diseases and Mesothelioma is the least researched of the top 20 cancers.

What to do? If a union rep is approached by a member with an asbestos related condition it is essential that they are referred for legal advice. It would be useful if member could get a short letter from GP confirming diagnosis and date this was confirmed. There is the usual 3 year limitation on claims (the date the member became aware or ought to have been aware of condition related to their work). Advise member they will need their full employment history. Thompsons will then contact them and give advice.

The sadist stories are of wives who died from asbestos inhaled while washing their husband’s work overalls or even children dying after cuddling their father while he was in his work clothes.

Personally, although I appreciate the good work done by trade union lawyers such as Thompsons I think that a far better solution to all work related personal injury cases is that it should be taken out of the civil courts and that decent “no fault” compensation should be paid to all workers who suffer from work related activities, paid for by an industry levy.

Workers’ Memorial Day – Tuesday 28 April 2009

This morning I received copies of the UNISON 2009 Poster for Workers’ Memorial Day (see picture). This year I am trying to organise events to mark the occasion at work and within the Labour Party.

I read today in the TUC risks e-newsletter that 1 in every 10 carpenters who were born in the 1940’s will die prematurely of asbestos related diseases. 1 in every 10? I have worked as a housing officer with chippies throughout my career. A few born during this period will still be working but I wonder now about the health of all those I have lost touch with and those who have retired?

Below is from the UNISON website here

What is Workers Memorial Day?

Each year on 28 April, IWMD is marked around the world to Remember the dead, Fight for the living. We remember those killed, made ill, or injured by their own or someone else’s work. Their pain and suffering and that of their families deserves not to be forgotten. We also renew our commitment to, and demand once more, safe and healthy work for all.

Far too many workers and their families suffer each and every year. The figures from the Health and Safety Executive (HSE) and which make the headlines, never tell the full story.

So what is the full story? It is estimated that work incidents cause up to 1,600 deaths each year; including deaths to members of the public, work-related suicide, and road traffic accidents whilst driving for work.

On top of this, it is estimated that there are up to 50,000 deaths from work-related illnesses; including cancers, respiratory illnesses, and heart disease. For more detail, see The Whole Story, in the Safety and Health Practitioner

Regional Health & Safety – “Violence at Work” compensation

Last week I went to the UNISON London regional health & safety committee meeting. First, we have a normal “business” meeting regarding safety issues in London. Then we usually have a guest speaker. This month we were pleased to see again Henrietta Phillips from the trade union solicitors Thompsons. Henrietta in fact spoke at the last meeting on “work related stress, bullying and harassment”. This time she talked about legal remedies following “Violence at Work” (see new UNISON safety guide here).

During the committee meeting we discussed planning for this year’s European Health & Safety week (20-24 October) and National Inspection Day. It’s too late for this year, but to encourage inspections we talked about buying clip boards and reflective safety bibs with UNISON logos for London safety reps. Maybe all new safety reps should get these things included in the “Welcome Pack” they automatically receive when they become reps?

My favourite agenda item is when each committee member gives a local report on issues in their workplace. For some reason one committee member recalled the issue he came across in his housing department where they had to deal with a tenant who kept his horse in his home. Now, this is not a particularly sensible thing for anyone to do, especially since he lived on the 9th floor of a tower block and he used to take the horse up and down in the lift.

On a far more serious issue it was reported that 104 housing officers in one employer were tested for exposure to TB and 4 (all British born) were found to be in danger of developing the disease and had to be given 6 month courses of treatment. I think we should all review risk assessments for visiting officers to take account of such biological hazards.

Another committee member reported that in their workplace they were getting rid of unnecessary safety signage. These just cause clutter and confuse people. For example, in their main office staircase there was a sign saying “Hold the rail on your Left”. Which is just plain silly - such things give health & safety a bad image.

One organisation had not only introduced home working and hot-desking but had got rid of all desk telephones and issued staff with mobile phones (with email etc). There was an issue regarding the risk to pregnant women from using such phones. Any risk is hotly denied by the mobile companies themselves, but there have been a number of reports about theoretical dangers. It would therefore appear to make sense that such staff should be issued with a normal desk phone for purely precautionary measures.

There is one issue that UNISON needs to get sorted ASAP. Many UNISON branch offices are not accessible to disabled members. This should not happen in this day and age.

Next item was report backs from conferences attended by committee members. Two had gone to this year’s Hazard Conference in the University of Keele. This is probably the most important conference for safety reps. Both committee members found the conference very useful and would encourage people to attend the conference in the future. One mentioned being shocked at a presentation made by the widower of a teacher who had died of an asbestos related disease despite the fact that she had been a teacher all her life and had no other known risk factors. Many, many schools are riddled with asbestos containing materials. Between 2001-2005 nationally 62 teachers were reported to have died of such diseases. A sobering thought.

The meeting agreed that I could attend a conference on 24 November run by the CCA on the “Future of Safety Enforcement”.

I gave a report as the London representative on the UNISON national health & safety committee. I had already been asked to bring up safety concerns over “hot-desking” and to ask UNISON if there are any plans for up-to-date guidance on this topic.

After the close of the committee meeting Henrietta gave her presentation on “Violence at Work” to the Health & Safety network, to which all UNISON branch safety officers are invited.

All UNISON members injured in an accident or assault at work are entitled to free legal advice and assistance form Thompsons. Members can contact UNISON direct on 0845 355 0845 to be referred.

There are 3 possible routes to compensation – claim against the employer, the assailant (not normally any use) or via the Criminal Injuries Compensation Authority (CICA).

The key issue with regard to any possible legal case against an employer is to establish “failings”. An employer has a duty of care to provide a safe place of work and a safe system of work. To win a claim you have to prove that the employer was in breach of that duty, either by breaching safety law or by being negligent and that breach or negligence caused injury.

Usually it is difficult to win since you have to persuade a court that the employer is responsible for a third party assailant. However, if you can establish a pattern of “failings” and negligence you can be successful. Henrietta suggested a checklist of things that should be done after an assault.

Such as report attacks to the Police and record details of crime numbers etc, write you account about what happened as soon as is possible, take copies of all reports you make, ask for copy of employer investigation and RIDDOR reports (if applicable) get full contact details of any witnesses, have photographs taken of injuries, record details of any visits to doctors or hospital, keep any receipts for any expense you incur.

She encouraged all “near misses” or incidents of aggressive behaviour to be recorded. This may help prove that the employers should have been aware of the risk.

At the beginning Henrietta had pointed out that personal injury cases are for workers who have already been hurt, while the whole point of safety reps is to try and prevent injuries occurring in the first place. While I am in favour personally of a “no fault” compensatory payments scheme rather than resorting to legal claims for compensation. If a claim is strong and compensation is paid then this would have the welcome effect of encouraging the employer to change and improve its working practices. As usual - Money talks.

Action Mesothelioma Day, 27 February 2008

Action Mesothelioma Day, on 27 February involves local activities nationwide to raise awareness of mesothelioma, an incurable cancer caused by exposure to asbestos, and to campaign for prevention of asbestos exposures today and better treatment and benefits for those affected by past exposures. Join a local event - or if there isn't one, consider organising your own.
Asbestos Forum Action Mesothelioma Day webpage and events listing. LabourNet UK. Action Mesothelioma website.

Above is a lift from TUC E-Risks

Action Mesothelioma (Asbestos Cancer) Day 27 Feb 60 000 dead

From press release by Greater Mancherster Hazards Campaign.....

"Mesothelioma a fatal Asbestos cancer “60,000 to die from mesothelioma in the UK by 2050”
Football legend, Mike Summerbee, calls for action

England and Manchester City football star and legend, Mike Summerbee, will join hundreds of families in Manchester, Albert Square, at 12.30 pm, on Action Mesothelioma Day, 27th February to release sponsored balloons in support of research into mesothelioma, the fatal asbestos cancer which will kill 60,000 people in the UK from past exposure to Asbestos by 2050.....(see this link for rest of info)

If you work in a building which is say, more that 20 years old, ask to see the building asbestos register. If there is no asbestos fine (check how do they know?) - if not make sure everyone knows where it is located, get rid of it if it is "high risk", otherwise make sure it is properly monitored and marked. For UNISON stuff on this issue. JG