Background to the law on asbestos
See our asbestosis
compensation claims page and
asbestos
compensation case studies for more information on
legal action for victims along with information on the
symptoms of
exposure.
As long ago as 1930 the government’s medical
inspector of factories had reported to the government
that the inhalation of asbestos dust over a number of
years resulted in workers suffering fibrosis of the
lungs (now known as asbestosis). In 1931 the Asbestos
Industry Regulations were made and required an exhaust
draught to be provided to prevent asbestos dust escaping
into the air in a room where work was done with
asbestos.
The Building (Safety, Health and Welfare) Regulations
1948 made under the Factories Act 1937 required adequate
ventilation or workers to be supplied with suitable
respirators to prevent inhalation of injurious dusts.
Employers were therefore under a duty for a long time
before 1965 to prevent workers from inhaling harmful
dusts in the workplace.
The Court of Appeal has taken the view in court cases
such as Dawson v Cherry Tree Machine Co. Limited
2001 that the obligation under the Asbestos
Industry Regulations 1931 to provide an exhaust to
prevent asbestos dust entering the air in a workplace
was an absolute duty unless not practicable to do so.
The Asbestos Industry Regulations 1931 applied to any
factory or workshop where the work processes with
asbestos described in the Asbestos Industry Regulations
took place and it was not permitted to attempt to limit
the scope of the 1931 Regulations.
The Court of Appeal in the case of Jeromson v
Shell Tankers (UK) Limited decided that before the
disease of mesothelioma became widely known in the mid
1960s that employers did know about the health risk of
lung diseases. In the 1950s it was known that asbestos
dust was dangerous, however it was not known if there
was a safe level of exposure. Consequently, an employer
before 1965 should have taken precautions to prevent its
workers breathing asbestos dust.
NB; If you want to know more about
mesothelioma
claims or
compensation for pleural thickening - please get in
touch with us for
No win No
fee industrial disease advice
It therefore follows from the above that an employee
working in a factory during the 1960s who is exposed to
asbestos dust because the factory owner failed to
eliminate the risk of exposure and as a consequence
unfortunately develops an asbestos cancer will be able
to claim compensation. This is what happened in the
case of Jones (Executor of the Estate of Beryl
Jones, deceased) v Metal Box Limited 2007. The
court found on the evidence that the factory owner had
been in breach of its duty of care by failing to prevent
asbestos dust contaminating the air in the factory, and
therefore it was ordered to pay compensation to the
claimant.
Assessing whether legal liability may arise is never
an easy task. However our specialist legal team are
fully able to advise you on the merits of claiming
damages for those suffering from
lung disease or
the after effects of asbestos exposure.
If your employer has failed to prevent or
safeguard against your injuries then you may be entitled
to no win no fee
asbestos compensation. CALL
0800 0322210 for immediate
advice
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