Archive | November, 2008

Mesothelioma Lawsuits Begin in Japan

Construction workers and next of kin of deceased workers filed a lawsuit in Tokyo, Japan seeking damages of approximately 6.6 billion yen (about US $444 million) from the government and manufacturers related to illnesses stemming from exposure to asbestos. 178 plaintiffs including construction workers and family members filed the suit against 46 building manufacturers and the Government of Japan.

According to the Mainichi Daily News, the class action suit is the first that has been filed in Japan related to health damages caused by asbestos exposure at construction sites.

The government and manufacturers knew of the dangers of asbestos inhalation but failed to take proper precautions, according to the plaintiffs. Negligence included failing to cease promoting asbestos as a cheap fire retardant and failure to ban production of the material.

Plaintiffs have also scattered responsibility among a number of government agencies, including the Ministry of Economy, Trade and Industry for sanctioning the use of asbestos under Japanese Industrial Standards, and the Ministry of Land, Infrastructure and Transport for approving the use of materials comprised of asbestos and other substances under Japan’s Building Standards Law.

As evidence the filing states that after inhaling asbestos in the workplace, 172 people have developed lung cancer or mesothelioma, and that almost half of those afflicted are now dead. The argument continues stating that the government and health ministry did not act quickly enough after international organizations issued warnings in 1972 that asbestos could be a carcinogen.

Another lawsuit is expected in Yokohama shortly, to be filed by 40 construction workers.  It will be interesting to watch this process unfold; the Japanese government and large Japanese corporations are interlinked in ways that make the relationship between Congress and the Washington DC lobbyists look like a casual acquaintance.

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About Asbestos Auto Brakes and Brake Jobs

Everyone, including the EPA, knows that dust from asbestos based products is going to contain asbestos fibers.  The procedures that the EPA has laid out for brake jobs in this asbestos-averse era are remarkable.   If you work or have worked in a brake shop you should check them out at the link below.

Briefly, the EPA says that asbestos control measures for brake repair are mandatory and that one of two methods should be used.  The first is similar to those lab photos you’ve seen of technicians handling sensitive material that is enclosed in a container and has gloves mounted so hands on the exterior can reach in and manipulate what’s inside.  Part of the EPA description:

[A] Negative Pressure Enclosure/HEPA Vacuum System Method

(1) The brake and clutch inspection, disassembly, repair, and assembly operations shall be enclosed to cover and contain the clutch or brake assembly and to prevent the release of asbestos fibers into the worker’s breathing zone.

(2) The enclosure shall be sealed tightly and thoroughly inspected for leaks before work begins on brake and clutch inspection, disassembly, repair, and assembly.

(3) The enclosure shall be such that the worker can clearly see the operation and shall provide impermeable sleeves through which the worker can handle the brake and clutch inspection, disassembly, repair and assembly. The integrity of the sleeves and ports shall be examined before work begins.

The other method utilizes a liquid bath on the brake assembly so that no dust is released.
Once again, part of the EPA’s standard:

[B] Low Pressure/Wet Cleaning Method

(1) A catch basin shall be placed under the brake assembly, positioned to avoid splashes and spills.

(2) The reservoir shall contain water containing an organic solvent or wetting agent. The flow of liquid shall be controlled such that the brake assembly is gently flooded to prevent the asbestos-containing brake dust from becoming airborne.

(3) The aqueous solution shall be allowed to flow between the brake drum and brake support before the drum is removed.

(4) After removing the brake drum, the wheel hub and back of the brake assembly shall be thoroughly wetted to suppress dust.

(5) The brake support plate, brake shoes and brake components used to attach the brake shoes shall be thoroughly washed before removing the old shoes.

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Asbestos Litigation Industry Report, 2008

When the Manhattan Institute’s Center for Legal Policy released its first Trial Lawyers, Inc. report, in 2003, we called asbestos litigation the longest-running mass tort in U.S. history and arguably the most unjust. Even as the incidence of new cases of the serious lung cancers caused by asbestos remained constant for mesothelioma, at 2,000 to 4,000 per year new asbestos claims exploded, nearing 100,000 in 2001.

Trial Lawyers Inc. Asbestos: A Report on the Asbestos Litigation Industry, 2008

Source: Docuticker

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Canadians Demand End to Asbestos Mining

The Canadian Labor Congress is calling for a ban of all asbestos mining in Canada, even though a recent study on the cancer risks of asbestos has not yet been released.  Seven scientific and medical experts, hired by Health Canada, submitted their report examining the link between asbestos and cancer in March. However, the report has yet to be released.

“Nothing in the report would argue against the sensibility of an asbestos ban in Canada,” Leslie Stayner, one of the report’s authors, told the Canadian Broadcast Corporation.  It’s remarkable that Canadian officials would find a study on the ‘cancer risks’ of asbestos necessary in light of the flood of mesothelioma and asbestosis studies all over the world – and the plight of thousands of victims.

According to Canadian human resources trade publication, last weekend the labor organization passed a resolution on behalf of its members calling for an end to asbestos production, as well as financial support for roughly 700 miners who would be affected by an industry shutdown.

Canada’s only two asbestos mines are located in Quebec. The province has one of the highest rates of mesothelioma, a cancer connected with asbestos exposure, in the world. While asbestos has been banned in nearly every developed country and several developing nations, Canada still produces and exports asbestos to countries such as India, Indonesia and Pakistan for use in construction material.

A recent study in British Columbia showed a rise in mesothelioma cases among former construction workers who used asbestos for insulation and also showed the disease beginning to spike in the province.  Apparently Canada has protected its populace from new asbestos products but is currently allowing shipment of the material to countries with less protection for their workers.

Original Article

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Asbestos Exposure May Shorten Firefighters’ Life Expectancy

Asbestos Exposure May Shorten Firefighters’ Life Expectancy

The Firefighting Authority is putting into place new safety measures for handling asbestos fires, which may pose firefighters their greatest health risk. Yesterday’s fire in Keshet gave firefighters their first opportunity to try out new regulations. The firefighters used protective equipment and washed themselves afterward to minimize their exposure to asbestos.

Firefighters around the world have a life expectancy that is 10 years shorter than average, probably due to exposure to smoke, toxins and asbestos, Israel Fire Commissioner Shimon Romach said yesterday. The new regulations were drafted by Yitzhak Shalev, whom the Firefighting Authority appointed national asbestos officer two years ago.

There have been more than 100 asbestos fires this year, more than a third of them at illegal garbage dumps, said Shalev. Even more may have gone unreported. Furthermore, there are millions of square meters of asbestos in buildings and garbage dumps around the country, he said. Asbestos is a carcinogen, and exposure, even to only a few fibers, can cause several kinds of cancer and a fatal lung disease. The exposure is sometimes only discovered decades later.

Fires make asbestos slabs crumble and release their dust into the air, from where it enters the respiratory system. Special gear can protect against this. Until recently, there had been no regulations on handling asbestos fires, and firefighters were frequently unaware that a danger even existed.

Shalev said he was appointed to tackle the issue after warning Romach of the problem two years ago. He drafted a method to deal with asbestos fires, including using protective gear and coordinating with various bodies, such as the Environmental Protection Ministry, to remove the asbestos once the fire is out.

Five years ago, a Labor and Welfare Ministry study on firefighters found higher-than-average rates of breathing and hearing problems. “We didn’t check life expectancy nor exposure to specific substances,” said Dr. Yehudit Shaham, who conducted the study. Dr. Avi Wiener, director of the Institute of Preventive Occupational Medicine at the Rambam Medical Center in Haifa, also cited studies showing that firefighters’ life expectancy is shorter than average. “One of the assumptions is that this is due to exposure to toxins…”

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Asbestos-by-the-Lake in Chicago

In Illinois the Illinois State Beach Park provides summer shore relief for thousands of residents.  In Chicago proper, one of the most popular beaches is Oak Street Beach, which has one of the largest deep water swimming areas available for public use.  That makes it the training ground for hundreds of triathletes, scuba divers and long distance swimmers.

However immediately adjacent to the State Beach Park is an EPA Superfund site in Waukegan formerly belonging to Johns-Mansville.  This 150-acre asbestos disposal area contains about three million cubic yards of abandoned and currently illicit products and wastewater sludge containing asbestos, lead, chromium and other toxics, according to the EPA.

In 2002 the EPA found that the site has periodically been releasing liquid into Lake Michigan that contains millions of asbestos fibers per liter. Currents force this material southward towards Oak Street Beach, the popular downtown shoreline that is surrounded by Chicago high rises.

Illinois environmentalists have issued a series of steps that beach users should utilize if they choose to visit Oak Street Beach.  The Environmental News Service provides a detailed list of suggestions that lists precautionary steps beachgoers in Chicago should utilize.

Leakage from Superfund sites is not that unusual, as battles to get them cleaned up often take years of legal wrangling.  Moreover, Johns Mansville declared bankruptcy over the asbestos debacle, which puts their liability over continuing emissions from the site into question.

In any case, Illinois has a toxic grenade in its hands, with a Superfund site as toxic as this one which is adjacent to a state park and which has shown a consistent pattern of releasing asbestos fibers and other toxics that are carried southward to Chicago area beaches – and has been for many, many years.

Original Article

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