Analysing the legal ramifications of Asbestos cases in the light of occupational health & safety

Abstract

One of the deadliest substances ever used by mankind, renowned for its remarkable fire-resistant and insulating properties was actually disguised as a ‘staple material’ in the construction and shipping industry in the 20th century. The extent of the asbestos problem is so catastrophic that the death toll of people who have died of cancer exclusively caused by asbestos exposure could run into millions worldwide. This places asbestos-related fatalities on the same level as those deaths resulting from road accidents. Today, it is widely acknowledged that asbestos bears a serious hazard to the health and safety of workers handling the substance at the workplace. In effect, its use and importation have been completely phased out in the European Union. Although the ban of asbestos was a significant legislative milestone in the field of occupational health and safety, due to the long latency period of asbestos-related diseases, the legal battle against its fatal repercussions is far from over. As a consequence of its accession to the European Union, Malta has woken up to the reality of this dire situation. Together with the rest of the world, Malta finally started to come to terms with the tragic fact that once inhaled, asbestos has the ability to become cancerous. Radical developments in the national occupational health and safety legislative regime have enhanced the level of protection granted to workers from asbestos exposure, and conferred a duty on the employer to ensure a safe workplace. However, it is argued that cases of occupational diseases associated with asbestos exposure would not have arisen in the first place had the legislation concerning workers handling asbestos been adequately enforced to protect employees and safeguard their fundamental human rights. Consequently, the victims or heirs of former employees have sought justice by instituting actions, in the form of compensation in damages for the plight suffered for decades by their deceased relatives. The first asbestos-related injuries had locally appeared in the 1960s and with greater legal, medical and social awareness, litigation cases before the local and European Courts have substantially increased since then.