Lawyer Fights for Justice in Asbestos Struggle

News Summary

The ongoing struggle against the asbestos industry highlights decades of neglect and regulatory failures. Despite a ban on asbestos in South Africa, the health crisis continues, with thousands affected by diseases like mesothelioma. Legal battles, driven by advocates such as Richard Meeran, have emerged in pursuit of accountability and justice for victims. Recent developments, including a ban on chrysotile asbestos in the U.S., indicate some progress, yet much remains to be done to protect vulnerable populations from the ongoing risks of asbestos exposure.

A New Look at the Struggle Against Asbestos

The history of asbestos-related harms stretches back to the 19th century, coinciding with the large-scale commercial exploitation of this hazardous material. The mounting evidence of its dangers has been documented over decades, yet as recent findings reveal, the struggle against economic interests in the asbestos industry remains far from over.

Asbestos, once heralded for its versatility and insulation properties, has been the focus of multiple regulations aimed at protecting workers across various industries. The situation in the United Kingdom saw a decisive shift, with specific legislation addressing the risks associated with asbestos exposure arising as early as the 1930s. However, despite governmental warnings and an increasing body of medical research, many industry players criticized these safety measures, insisting that asbestos products were safe.

Awareness Grows Amidst Corporate Compliance

By the 1960s, the tide began to turn as public awareness of the perils of asbestos increased. The Monopolies and Mergers Commission initiated an investigation into the asbestos industry, revealing troubling truths about practices around the material. Cape Asbestos emerged as a significant player in the UK’s asbestos scene, dominating the market through its mining, manufacturing, supply, and installation operations. Their factories in Glasgow and Stirling produced materials vital to shipbuilding and engineering.

However, the most damning evidence linking asbestos to diseases came from South African mining regions, as reports started to highlight a particular *cancer*, known as mesothelioma, afflicting those exposed to the toxic fibers. By 1960, case studies detailing asbestos-related illnesses were substantiated in various nations, effectively sounding alarms that would echo for decades.

Legal Battles and International Implications

With regulatory measures tightening, the use of crocidolite (blue asbestos) in the UK diminished markedly by the 1970s, revealing the long-term failures within the industry. In stark contrast, South African mining conditions reflected an appalling lack of worker protection, with the apartheid regime providing little to no safety for marginalized communities. Richard Meeran, a South African-English solicitor, began targeting Cape Asbestos in the mid-1990s, fighting for justice on behalf of the countless victims of asbestos exposure.

Legal recourse culminated in the Lubbe and others v Cape case, which proceeded to the House of Lords. Despite facing substantial legal barriers, claimants successfully achieved significant legal victories against the company. This battle, along with increasing public outcry, is documented in David Kinley’s book, *A Rain of Dust: Death, Deceit and the Lawyer Who Busted Big Asbestos*, shedding light on an enduring issue.

The Continuing Crisis and Incremental Progress

Despite a ban on asbestos use in South Africa as of 2008, the nation grapples with a public health crisis, reporting over 200 new cases of mesothelioma annually. The latency period for these diseases can extend to nearly 50 years, complicating accountability for past exposure, making timely medical intervention crucial.

Compensation systems like the Occupational Diseases in Mines and Works Act (ODMWA) for miners suffering from occupational respiratory diseases have faced criticism for their slowness and lack of funding. Vulnerable populations, especially women and children in polluted areas, bear the brunt of these illnesses, while the public healthcare system struggles to provide adequate care.

Legal Advancements and Regulatory Challenges

The 2011 ruling in *Mankayi v AngloGold Ashanti* brought some relief, allowing mineworkers to sue former employers for damages despite existing statutory compensation. However, the challenges with asbestos regulation remain persistent. The North West Legislature’s Committee on Education has expressed concerns over schools still housing asbestos structures, highlighting ongoing negligence post-ban.

The recent decision by the Environmental Protection Agency (EPA) in the United States to finalize a ban on chrysotile asbestos marks a step toward rectifying historical regulatory failures, yet it includes a 12-year phase-out period for existing asbestos in construction materials. The American Lung Association underscores the gravity of the crisis, revealing that approximately 40,000 Americans die from asbestos-related health issues each year.

With over 60 countries having outright banned asbestos due to its known toxicity, the substantive implications for public health and safety could reshape the ongoing fight against corporate interests within the asbestos industry. As the battles unfold, awareness and advocacy remain critical in addressing the devastating legacies left by asbestos and ensuring protections for those still at risk.