Monthly Archives: February 2010

Government Proposals for Asbestos Victims

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February 25, 2010 – 12:14 pm

25th February 2010

National Centre on Asbestos Disease and Pleural Plaques

MKMRF are delighted the Government has outlined plans to commit £3m funding towards a National Centre for Asbestos Related Disease and plans to increase state funded lump sum payments to dependant family members. Existing awards to Mesothelioma sufferers will also be increased by 1.5% from April 1, 2010. The Government has a social and moral obligation to help future sufferers of devastating cancer, Mesothelioma and other asbestos related disease.

There was disappointment at the decision not to restore compensation for people with pleural plaques in England and Wales, but welcome a multi million pound package which will see increased state benefit payments for dependants of deceased asbestos victims and funding for research into asbestos related disease.
 
The Government confirmed fears that they would not be overturning the House of Lords ruling on pleural plaques. Instead they will make lump sum payments to those who had already begun a legal claim for pleural plaques at the time of the Law Lords’ ruling in October 2007.

It is anticipated around 6,000 people will receive ex-gratia payments of £5,000 each. Others will receive nothing despite many being diagnosed with pleural plaques before and since the House of Lords changed the law on compensation.

 

How schools fail to protect pupils from asbestos danger

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February 22, 2010 – 10:24 am

22nd February 2010

Three out of four schools contain asbestos, which could be putting children at risk of cancer, a damning report warns.

Many do not have appropriate protection measures in place, while management of the substance is ‘ineffective and at times dangerous’.
These schools do not comply with their legal duty to protect those who use the buildings from the hidden killer and training about it is poor or non- existent, the Asbestos Testing and Consultancy Association found.
Steps must be taken to stop pupils and teachers from developing mesothelioma, a cancer contracted from asbestos exposure, or other related illnesses, it added.

The Government’s policy on asbestos in schools is to leave it in place and make sure it is not exposed  -  rather than remove it. Stringent regulations exist to manage asbestos effectively. But the report argues many schools do not have the resources to properly protect pupils and staff.

 
Paul Rowen, chairman of the Campaign Against Asbestos in Schools and LibDem health and safety spokesman, said the study confirmed his fears about the mismanagement of asbestos.

‘This is a major risk to both pupils and staff, and we have already seen too many deaths as a result of poor asbestos management,’ he said.’The Government needs to renew their efforts in tackling this problem, and ensure training is in place to allow school staff to deal with the problem quickly and safely.’

The findings were based on 16 schools which agreed to be inspected. None were found to be fully compliant with asbestos guidance and just four had an adequate standard of asbestos management.

The Assessment of Asbestos Management in Schools report concluded: ‘The majority had unacceptable standards which were ineffective or unworkable and with the potential to cause contamination or exposure incident.

In school, the system of asbestos management was virtually nonexistent, despite the fact that there was a significant amount of asbestos known to be present.’  Two schools did not know who was in charge of asbestos management, and in more than half of the schools surveyed there was evidence of damage to asbestos.

More than 14,000 schools were built between the 1940s and 1980s when the substance was routinely used in ceilings, wall linings and pipe lagging.
Use of it was prohibited in 1999, so experts can only be sure a property is asbestos-free if it was built after 2000.

According to the National Union of Teachers, asbestos-related illnesses killed 92 teachers and lecturers between 2001 and 2005. Christine Blower, General Secretary-of the NUT, said: ‘We simply must move forward on this issue. ‘I call upon the Government to finally commit to a national audit of asbestos management in educational establishments. Only then will we have a true picture of a problem in urgent need of address.’ Schools Minister Iain Wright insisted yesterday the ‘health and welfare of pupils and staff is absolutely paramount’.

‘The Heath and Safety Executive’s advice is to remove damaged asbestos, but it is safer to leave undisturbed or undamaged asbestos in place and carefully manage it. ‘We continue to invest … to sweep away the legacy of out-dated buildings  -  with thousands of schools being newly built, rebuilt or refurbished.’

Government Acts to Help Sick and Dying

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February 12, 2010 – 3:37 pm
Government Acts to Help Sick and Dying Asbestos Victims
Today, Lord McKenzie, Minister Department of Works and Pensions, announced the publication of a consultation document to introduce a tracing office to locate employers Liability insurance and an insurance fund of last resort to pay compensation where insurance cannot be traced.
Tony Whitston, Chair, Asbestos Victims Support Groups Forum says:
“Government’s decision to set up a fund of last resort for injured workers, whose employers’ liability insurers cannot be traced, is welcomed wholeheartedly by asbestos victims throughout the UK. At last, dying asbestos victims, who, through no fault of their own, cannot trace their employers’ insurance may be able to call on a fund of last resort. This landmark decision by government addresses a long-standing and fundamental injustice and, if implemented, will provide comfort and solace to many people affected by asbestos disease.”
For further information contact Tony Whitston Tel: 0161 636 7555 and 07748189387
Employers Liability Insurance Bureau (ELIB)
Because asbestos diseases develop several decades after exposure to asbestos, companies that exposed asbestos victims to asbestos are often no longer trading by the time the disease develops. Since there has never been a system to record employers liability insurance policies, it is often impossible to trace an insurer to recover compensation.
Employers’ liability (EL) insurance has been compulsory since 1972 and the Health and Safety Executive (HSE) research shows that over 99% of employers held EL insurance. But, the Association of British Insurers’ insurance tracing scheme shows for 2008 that only 46% of post-1972 insurance enquiries were successful.
In almost all cases, insurers were paid for EL insurance and the Government expects them to honour the liability they have for insurance they wrote, even if the insurance policy cannot be traced.
This approach is consistent with that taken for injured motorists where the Motor Insurance Bureau pays where a negligent motorist fails to hold insurance or that insurance cannot be traced.

Thursday 12th February 2010

Today, Lord McKenzie, Minister Department of Works and Pensions, announced the publication of a consultation document to introduce a tracing office to locate employers Liability insurance and an insurance fund of last resort to pay compensation where insurance cannot be traced.

Tony Whitston, Chair, Asbestos Victims Support Groups Forum says:

“Government’s decision to set up a fund of last resort for injured workers, whose employers’ liability insurers cannot be traced, is welcomed wholeheartedly by asbestos victims throughout the UK. At last, dying asbestos victims, who, through no fault of their own, cannot trace their employers’ insurance may be able to call on a fund of last resort. This landmark decision by government addresses a long-standing and fundamental injustice and, if implemented, will provide comfort and solace to many people affected by asbestos disease.”

For further information contact Tony Whitston Tel: 0161 636 7555 and 07748189387

Employers Liability Insurance Bureau (ELIB)

Because asbestos diseases develop several decades after exposure to asbestos, companies that exposed asbestos victims to asbestos are often no longer trading by the time the disease develops. Since there has never been a system to record employers liability insurance policies, it is often impossible to trace an insurer to recover compensation.

Employers’ liability (EL) insurance has been compulsory since 1972 and the Health and Safety Executive (HSE) research shows that over 99% of employers held EL insurance. But, the Association of British Insurers’ insurance tracing scheme shows for 2008 that only 46% of post-1972 insurance enquiries were successful.

In almost all cases, insurers were paid for EL insurance and the Government expects them to honour the liability they have for insurance they wrote, even if the insurance policy cannot be traced.

This approach is consistent with that taken for injured motorists where the Motor Insurance Bureau pays where a negligent motorist fails to hold insurance or that insurance cannot be traced.