Asbestos World Watch

Monday, September 29th, 2008

In AUSTRALIA, the Commonwealth Director of Public Prosecutors has chosen to not file criminal charges against James Hardie in a dispute over asbestos compensation. During examination of the case, in which James Hardie is alleged to have underfunded an asbestos compensation trust by over $1.5 billion, criminal charges were discussed.

If evidence had been found that a false statement was made to the Australian Stock Exchange about the trust’s ability to pay for future compensation, then prosecutors would have grounds for a criminal case. Due to insufficient evidence, criminal charges were not sought.

This decision will have no bearing on James Hardie’s civil case which is set to begin later in September. where the focus will be the company’s statements to the Australian Stock Exchange. Fines and a ban from management are sought as the damages in the civil suit against James Hardie’s seven non-executive and three executive managers.

In LONDON, the 32,700-ton aircraft carrier Clemenceau, once the pride of the French navy, is now embroiled in a controversy over its fate. The large aircraft carrier used more than 700 tons of asbestos in its construction, and due to the hazard which might be posed during its demolition, the decommissioned warship has been shuffled to sites around the world. British company Able UK in Hartlepool, located in northeast England, has agreed to undertake the task of dismantling the ship. It has been granted a waste management license by the Health and Safety Executive (HSE), but the company’s decision is not without controversy.

A group of environmental activists called the Friends of Hartlepool is seeking to have the aircraft carrier moved and taken apart elsewhere. They plan to file a petition with the High Court to have the ship remain in its current location of Brest, France. Since the dismantling of the ship is scheduled to begin in the next few months, the activists have requested that the case be expedited through the courts. A decision from the High Court on the matter is pending.

In TRINIDAD AND TOBAGO, Health Minister Jerry Narace was informed by reporters during a tour with the press that the asbestos-lined roof of the San Fernando General Hospital was removed with hospital staff nearby. Such an incidence could have put the staff at serious health risks common to asbestos exposure. Diseases such as asbestosis and mesothelioma have both been linked to inhalation of asbestos fibers and particles.

Immediately upon learning about the possible safety breach, Narace ordered the newly appointed chairman of the South-West Regional Health Authority (SWRHA) Bridgelal Goberdhan to investigate the matter. The probe into the incident is pending.


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