Asbestos case highlights importance of control measures
A 28-year old woman has become the youngest person in the UK to die of mesothelioma.
On 27 August 2008, Leigh Carlisle died following an 18-month illness. At present there is no cure for mesothelioma, and it is estimated that around 2,000 people a year are diagnosed with the disease in the UK. What is significant about Ms Carlisle’s death is that usually the disease takes upwards of 20 years to develop, and so it is believed that Ms Carlisle must have been exposed to asbestos as a child, either when at school, or through inhalation of asbestos fibres from the clothes of workers or whilst passing nearby workplaces.
There are specific means in law by which asbestos should be controlled, and employers have an important role in ensuring that employees, and others, are protected from exposure to asbestos.
HSE Initiative: Asbestos – the Hidden Killer
Leigh Carlisle’s death is particularly significant in light of the HSE’s campaign to increase awareness of exposure of asbestos.
During October and November 2008, the HSE will be running a national campaign to target those most at risk from exposure to asbestos, in particular, tradesmen.
The primary aim of the campaign is to raise awareness amongst tradesmen that they are more at risk than they think from asbestos. The campaign also aims to encourage tradesmen to find out more about asbestos and the precautions they should be taking.
The HSE is currently trying to raise awareness through national radio adverts and adverts in the national press, distribution of campaign material to tradesmen, case studies being developed nationally, and articles in trade press magazines.
To view the campaign website please click here
Pleural Plaques
In the last edition of this newsletter, we reported that the Scottish Government had published the Damages (Asbestos-related Conditions) (Scotland) Bill, which aims to overrule a controversial decision taken by the House of Lords in Johnston v International Combustion Ltd that the existence of pleural plaques will not give rise to compensatable damage. Whilst not binding in Scotland, House of Lords judgements are highly persuasive and Johnston has already been cited in a Court of Session case. The Bill would ensure that the House of Lords judgement would not have effect in Scotland. As a result, it has caused much controversy and lobbying, particularly from insurers.
Pleural plaques are small areas of scarring on the lungs. Although the plaques are generally symptomless, they do indicate exposure to asbestos, and therefore signify a risk of developing other asbestos-related diseases such as asbestosis or mesothelioma. The Bill provides that people with pleural plaques caused by wrongful exposure to asbestos can continue to raise an action for damages. Moreover, the Bill would be retrospective, taking effect from the date of the House of Lords judgement (17 October 2007).
However, the Association of British Insurers has criticised the Bill, and has told the justice committee of the Scottish Parliament that the Bill will send out the wrong message. The organisation, which represents the majority of the UK insurance market, claims that plural plaques do not usually lead to more serious illnesses, and has called for greater education to reassure sufferers regarding what the presence of plural plaques means for their health. Other concerns have arisen about the Bill, such that it would allow the “worried well” to claim for damages, and that judges would be forced to “pluck compensation figures from the air”, thereby bringing the Courts into disrepute.
The Ministry of Justice published a consultation on the House of Lords decision and responses were due by 1 October 2008. The results of the consultation will be available in due course.
To view the Ministry of Justice consultation on plural plaques please click here.
To view the House of Lords decision please click here.
To view the Damages (Asbestos-related Conditions) (Scotland) Bill as introduced please click here.
To read our article on plural plaques in the Summer Edition of the Health & Safety Newsletter please click here.
