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Law Lords Asbestos Ruling

26 February 2008

 

Issuing officer(s): Dave Joyce

To view this download, please click here.

 

No.  145/08

Ref P8

Date:  26 February 2008

 

To: All Branches

 

Dear Colleagues

 

Law Lords Asbestos Ruling - CWU Asbestos issues and Pleural Plaques Campaign     

 

This report is to update Branches, Safety Representatives and Regional Health and Safety Forums on the work undertaken and currently being undertaken by the Health, Safety and Environment Department on Asbestos related issues and in particular nationally promoting and supporting the current Pleural Plaques Campaign. 

 

The Officer has been speaking recently to a number of our own CWU members who are victims of Pleural Plaques and who now have the "time-bomb" ticking away inside them BT Engineers and Romec Ltd Engineers, both former and current employees can and are victims of Pleural Plaques. We can only hope for them that their condition remains dormant and asymptomatic.

 

Recently a Pleural Plaques lobby and rally meeting was held at Westminster on 29 January which was very well attended and had a big impact in the Commons with CWU members and reps attending.

 

The CWU H,S&E Dept is fully involved in campaigning on Asbestos issues including the Pleural Plaques issue. Literally dozens of LTBs and BOB paragraphs on these matters have been issued in recent years.

 

In summary the CWU Health, Safety & Environment Department has done the following:-

 

We are involved and affiliated with OEDA and ELMS - two Asbestos Campaigning groups

bulletWe support the Manchester Asbestos Victims Support Group
bulletWe support the London Hazards Centre & CSC Asbestos Support Group
bulletWe are long standing supporters of the Spodden Valley Asbestos Campaign Group 
bulletWe were involved with others campaigning for changes which led to the revised 2006 Control of Asbestos Regulations
bulletWe were involved in the Campaign to get Mesothelioma drug Alimta licensed for use by NICE
bulletWe've been involved in pushing for the Scottish Pleural Plaques legislation which looks as if it will be successful and reverse the Lords decision. 
bulletWe support "Action Mesothelioma Day"
bulletWe fought for more stringent controls on "Asbestos Samples in the Post" operated by cowboy sampling companies
bulletWe campaigned to get British Gas sending Asbestos Bags returns via the post stopped
bulletWe were involved in a revision of BT's Asbestos Policy affecting our BT Engineers
bulletWe were heavily involved in revised procedures on Asbestos controls and policies in Royal Mail
bulletWe circulated thousands of the "Asbestos in Your Home" leaflets to Branches for members
bulletWe supported the introduction of the Mesothelioma treatment framework to speed up treatment for victims 
bulletWe were involved in the campaign to get rid of the "occupational link" giving all mesothelioma sufferers the right to claim under the Pneumoconiosis (Workers' Compensation) Act 1979.
bulletWe supported the campaign which led to the Government overturning a controversial court ruling stopping widows from receiving full compensation for their husbands' Asbestos deaths.
bulletWe were involved in the successful lobbying which led to the Government introducing an amendment to the Compensation Bill which overturned the House of Lords judgment in Barker v Corus(UK) which said that where an individual worked for several companies and could not identify which one was the caused the asbestos disease, damages should be divided between all employers who possibly exposed the victim to asbestos and the ruling meant that victims would be stopped from claiming full compensation from just one of  several negligent employers.
bulletWe've supported a number of EDMs on Asbestos related diseases and Pleural Plaques.
bulletWe've supported and promoted No 10 Downing Street Petitions on Asbestos related diseases and Pleural Plaques.

 

Our 12 CWU Sponsored MPs and 2 supported Lords have been well briefed by the HS&E Department and will be receiving another communication shortly to join the latest round of the campaigning to pressurize the Government to follow the Scottish Parliament lead and legislate to overturn the Lords ruling.

 

The CWU Editor of Voice is planning to run a feature article on Pleural Plaques also in order to get the membership and Branches fully up to speed and involved and to ask 2 or 3. This will be part of a CWU awareness Campaign and as part of our work with the TUC and the other major Unions UCATT, Unite, GMB etc. The Article will appear in a future edition of Voice to highlight the problem.

 

I would remind you of LTB 944/07  and the Petition which has been submitted to the to the Prime Minister's 10 Downing Street Web Site by Derek Maylor CWU Safety Rep and Reps, Officers and members can add their name to the petition on the following link:  http://petitions.pm.gov.uk/pleuralplaques/


The Petition reads:-

 

We the undersigned petition the Prime Minister to address the decision by the House of Lords on 17th October where they rejected claims of asbestos victims deeming that they had not suffered a "compensatable" injury. This decision will concern many people who are affected by pleural plaques. 

 

Please support the Petition.

 

Yours Sincerely

 

Dave Joyce

National Health, Safety & Environment Officer