Archive for category Legislation

Recognizing National Asbestos Awareness Week

Posted by admin in Legislation, Mesothelioma, Support on April 1, 2010

Today marks the first day of “National Asbestos Awareness Week,” as declared by the United States Senate in  S.RES.427, which was a resolution passed with unanimous consent on March 26, 2010.  The resolution also urges the Surgeon General to warn and educate people about the public health issue of asbestos exposure.

Asbestos is a known human carcinogen and exposure can result in various asbestos-related diseases, including malignant lung cancer, asbestosis and mesothelioma.  There are approximately 3,000 new cases of mesothelioma in the U.S. every year, and the Asbestos Disease Awareness Organization estimates that during the next decade, 100,000 workers around the world will die of an asbestos-related disease.  Despite the known risks, there is still a significant lack of resources promoting asbestos safety, and the material is still present in many consumer products today.

In recognition of National Asbestos Awareness Week, Sokolove Law’s Ban Asbestos Now (BAN!) advocacy program is striving to increase awareness of the national asbestos problem while supporting the larger fight against cancer by donating $1 to the Dana Farber Cancer Institute for every letter to Congress submitted through the website petitioning for the altogether ban of asbestos in the U.S.  The Dana Farber Cancer Institute is one of the premier facilities for cancer treatment in the world, providing expert care and cutting-edge research with the ultimate goal of eradicating the disease entirely.  Through this promotion, BAN! hopes to address the cause AND the cure of these devastating ailments.

Now is the time for those affected by asbestos diseases to share their stories and bring attention to the hazards these materials pose.  With your help, BAN! can make a difference.

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UK Government Pledges Support for Victims of Asbestos Exposure

Posted by Marcus@SokoloveLaw in Exposure, Legal, Legislation, Mesothelioma, Research, Support on March 17, 2010

The Ministry of Justice in the United Kingdom has unveiled a series of measures aimed at supporting victims of asbestos exposure.  They were announced after a government conference on how to respond to a 2007 ruling by the Law Lords which ended the right to compensation.

The proposals are a result of years of campaigning by advocates, who have fought for better treatment, support and compensation for victims and their families even after the 2007 legal setback.

Included in the measures are:

  • The creation of an Employers’ Liability Tracing Office, which helps victims track down a company’s insurer (at the time of exposure).  Since many manufacturers of asbestos products are no longer in business, finding their insurers from a given period has been extremely difficult.
  • The creation of an Employers’ Liability Bureau which will act as a fund of last resort in the event the insurer cannot be found.  Victims will receive compensation from this fund, if necessary.
  • A series of payments of £5,000 for people who had begun, but not yet resolved a legal claim for compensation at the time of the 2007 ruling.
  • A pledge to increase funding for mesothelioma research.

A local coroner, William Armstrong, supports the plans.  He told the Norwich Evening News,  “I deal with a substantial number of inquests into people who have died from asbestos-related diseases and the numbers seem to be growing.

“There are unfortunately people who have been exposed to asbestos many years before the condition manifests itself and many of them die in very distressing circumstances.

“Anything that can be done to help their relatives and loved ones claim the compensation to which they are entitled is very much to be welcomed.”

Ministers have also vowed to set up a working group consisting of mesothelioma lawyers, unions, insurers, the judiciary and civil servants to review asbestos law practices and procedures for obtaining compensation.  They also hope to streamline the process in order to reduce the time it takes for cases to conclude.

Click here for the full article.

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Asbestos Hazards Exist in Britain’s Schools, Report Says

Posted by Marcus@SokoloveLaw in Exposure, Industry, Legislation, Mesothelioma on March 8, 2010

A report by the Asbestos Training and Consultancy Association (ATAC) in the United Kingdom claims that the state of Britain’s schools could leave millions of students, teachers and staff at risk of asbestos exposure.

Citing a lack of standards or plans for asbestos management in schools (and other public buildings), the report backs the The Mirror’s “Asbestos Timebomb” campaign, which has called for a public register of asbestos surveys in all public buildings.

ATAC took a small sample of Britain’s 25,000 schools, and concluded that the problem of asbestos in public buildings is not being solved by current asbestos law that says it is safe if left undisturbed.

About 13,000 of the country’s schools were built between 1945 and 1974 when asbestos use was at its peak, according to The Mirror.

“The increasing number of mesothelioma deaths (an asbestos-related disease) amongst teachers and support staff is testament that the policy of management has failed,” the report says.

With the support of Members of Parliament, Teachers’ unions and asbestos advocates will take the report to the Minister of Schools and demand a change in the policy and asbestos law.  Supporters seek a public register of asbestos surveys in all public buildings, including schools.

Click here to read the article.

Click here to read the ATAC report.

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Asbestos Claim Debate Continues in U.K.

Posted by Mellissa@SokoloveLaw in Legislation on February 7, 2010

The debate about compensation for people suffering from pleural plaques continues in the U.K.  Pleural plaques are a scarring of the lungs due to asbestos exposure.  Victims of pleural plaques are at risk for developing fatal asbestos-related diseases including mesothelioma and lung cancer.  The U.K. government has been reviewing a law that denies pleural plaque suffers compensation.  The debate has been taking place since the Fall.

Rulings have already been made in Scotland and Ireland entitling pleural plaque sufferers to file a claim for compensation.  England and Wales do not allow compensation at this time.   Opponents to allowing compensation include insurance companies and government officials who fear a large increase in costs associated with asbestos related claims. 

The new proposal does include a package to assist people suffering some asbestos-related diseases.  Victims diagnosed with mesothelioma may have increased compensation.  The government also states a research center for diseases linked to asbestos exposure would be created.  And insurers would be required to set up funds for those dying of asbestos-related diseases that don’t have employers’ insurance.

To read more about both sides:  Asbestos victims could lose out and Aviva, Zurich May Face ‘Spiral” of New Asbestos Claims in U.K.

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Campaign to ban asbestos in Philippines

Posted by Mellissa@SokoloveLaw in Legislation on January 31, 2010

An email campaign to support an asbestos ban was started in the Philippines this week.  The campaign is spearheaded by the Trade Union Congress of the Philippines (TUCP), the Associated Labor Unions (ALU)  the Building and Woodworkers International (BWI).  They are urging the Senate to pass Bill 741 which would ban asbestos, a mineral known to cause fatal diseases such as mesothelioma, lung cancer and other asbestos-related diseases. 

The groups expressed their concern for workers and their families from exposure to asbestos.  They state the only way to protect workers from asbestos exposure and future health risks is to ban the substance.  The bill was introduced in 2007 and a similar bill has already passed in the House of Representatives.  Supporters of the ban feel delays in passing this bill will prolong risks to workers and the public.

The bill would include provisions which ban asbestos use, minimize the risks of exposure and create a system for early detection and diagnosis of asbestos-related diseases. 

Supporters are encouraged to forward emails to Senator Mar Roxas as the Committee Chair.

For more information:  Senate urged to pass bill banning asbestos

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