Archive for category Legal

 James Hardie and CSR, the two main suppliers of asbestos products during the 1960’s and 1970’s in Australia, were accused of conspiring to influence regulators around asbestos use.  They are also being accused of deliberately failing to mark their asbestos containing products, which would make it harder to determine which company was liable for any future injury or disease caused by the products.

Both companies are heading into the trial of Robert Berengo who is claiming damages due to exposure to their products in the early 1970’s.  Mr. Berengo is dying from mesothelioma, a fatal disease almost always caused by asbestos exposure.  He claims he was exposed to Hardie and CSR asbestos products while going to jobs with his father during his childhood.  The allegations could have opened new opportunities for victims who have a difficult time proving which company’s products they have been exposed to and therefore which company should be held responsible for compensation.

The argument was heard in the Victorian Supreme Court and was declined.  Judge Terry Forrest stated the proposed amendments were not sufficient to be approved.  He did say future victims may be able to allege joint liability.

Read more at Hardie, CSR ‘colluded’, sufferer says and Judge denies late changes in asbestos case

Two investigations have resulted from a worker’s claim that asbestos was improperly handled on the Parkway project in Florida last Fall.  The Department of Environmental Protection (DEP) has just completed their investigation into the initial complaint of asbestos pipe being disposed of without the proper precautions.  Now the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has begun to investigate the claim that the worker was terminated for “whistle-blowing”.

Rick Solis was working as a Survey Technician II for the county when he observed concrete asbestos pipe being dug up and disposed.  He reported his concerns about asbestos exposure and improper handling to his supervisors in September.  And was later informed his position was being eliminated due to budget constraints.  His attorney filed a complaint with OSHA claiming his “termination was a violation of the anti-whistleblower retaliation provisions…”  He feels strongly that he had no problems with his employment until after complaining of the potential health hazards.  Exposure to asbestos can cause future asbestos-related diseases including mesothelioma and lung cancer. 

Representatives for the County believe this is nothing more than a ”disgruntled employee” and feel the investigation will prove that.  OSHA reports the county has 20 days to respond to the allegation and the federal investigators will make a final determination.

For additional information read the News Sun article “Ex-county employee files whistleblower complaints”