James Hardie Victims Outraged

Australian asbestos victims are outraged at the High Court of Australia’s decision to reduce the penalties of the former James Hardie directors.

The NSW Supreme Court originally banned the former James Hardie directors from managing companies, after they were found to have breached their duties by releasing misleading information about an asbestos fund.

According to the ABC, the former James Hardie executives and directors misled investors with a press release that claimed an asbestos compensation fund was “fully funded” to meet claims against it.

The original disqualification period from the NSW Supreme Court was five years for the non-executive directors, which has now been reduced after the consideration of mitigating circumstances such as their contributions to the community and qualified contrition.

However for people who are now suffering asbestos diseases such as asbestosis and mesothelioma as a result of James Hardie’s products, the ruling is unjust and offensive. James Hardie not only knowingly exposed these victims to asbestos, a known carcinogen, but then made misleading statements about the asbestos compensation fund.

Australia currently has one of the highest incidences of mesothelioma despite the official ban of asbestos use Australia-wide in 2004. This is because Australia was the highest user of asbestos per capita between around 1950 and 1980.

As such, many Australian states including NSW, Victoria and South Australia have introduced legislation to assist those suffering asbestos conditions pursue an asbestos compensation claim. An example can be found in the South Australian legislation. Asbestos claims in South Australia, such as mesothelioma compensation in South Australia, are assisted specifically by legislation introduced by the South Australian Government.

NSW plans for asbestos removal

Australian workers in the electrical industry are celebrating following the successful push from Unions NSW and the ETU for an industry-wide audit of asbestos.

The NSW unions met with the NSW government and also representatives from Ausgrid Essential Energy and Endeavour Energy last Thursday, after the union apparently revealed 49 cases of asbestos-related disease at electricity company Ausgrid.

The parties met to discuss concerns about asbestos in the Australian energy industry, and the fact that Australian staff are potentially being exposed to asbestos fibres and could be at risk of developing an asbestos related disease such as mesothelioma or asbestosis.

The NSW government accepted the priority of asbestos safety in Australian workplaces, and will shortly undertake an industry-wide audit of asbestos, to be chaired by WorkCover NSW.
Unfortunately, because of the long latency period between asbestos exposure and the manifestation of an asbestos related disease, there is no way to tell how many Australian workers have already been exposed to asbestos, or whether they will develop an asbestos related disease in the future.
However many Australian states including NSW, Victoria and South Australia have introduced legislation to assist those suffering asbestos conditions pursue an asbestos compensation claim, such as mesothelioma compensation claims in NSW.

Asbestos fear for Melbourne

During the upgrade of Glen Waverly railway line in Melbourne, asbestos fears have arisen as Metro Trains and the Firewood Association of Australia have confirmed that old wooden sleepers contaminated with asbestos are being stolen and used as firewood. The Firewood Association has already banned their members from selling sleepers because some apparently pose health risks when burned. Despite this, and security at the railway line, these sleepers are being stolen.

These asbestos fears were confirmed when the association began to receive calls from people burning these sleepers saying they are suffering from bronchitis and asthma related symptoms. The asbestos used in train brakes and brake locks are now trapped on the exterior of these sleepers and when burned the asbestos combines with the ash and creates a very easy way for asbestos fibres to become airborne and inhaled.

This is seriously dangerous as even inhaling a small amount of asbestos can lead to a person contracting asbestos related diseases such as asbestosis and mesothelioma. The number of people diagnosed with mesothelioma is expected to rise in Australia over the next decade which is worrying as 660 cases of mesothelioma were recorded in 2007. Australian states including NSW, Victoria and South Australia have introduced legislation to assist those suffering asbestos conditions pursue an asbestos compensation claims in Australia, including a specific legislation for Victorian asbestos compensation claims.

Asbestos in Australian homes

Asbestos has long moved on from only claiming the lives of miners and tradesmen, the toxic substance now affects people in their own homes. Due to heavy use of asbestos in Australia in the 1970s and 1980s, many workers were working with asbestos every day and this would follow them home to their families.

The latest potential victims of mesothelioma are young couples who are undertaking home renovations on homes built before 1988 and are unaware that they may be disturbing deadly asbestos which could have fatal effects to their health. It is thought that one in three homes in Australian contain asbestos thus it is not surprising that 35.7% of female mesothelioma cases were caused by exposure to asbestos during home renovations.

There have been 4,700 deaths from mesothelioma in Australia since recording began in the 80s and despite asbestos being banned in 2003, it is estimated that this number is expected to rise. Australia has a National Asbestos Register where people may record their exposure to asbestos; this can assist people if they need to make an asbestos compensation claim in Australia, such as a mesothelioma compensation claim through Australian Courts.