Asbestos & the law, France edition

Unlike America and the Commonwealth nations who have a large system of common laws, France is a nation of civil laws. The primary difference is that in civil law countries, much more of the basis of the law is regulatory/from the state stemming from codification movements throughout their history. Common law systems have much law that is developed by local standards as interpreted by the judiciary rather than the centrally-decided tenets of the civil law countries. There is also a strong correlation between being an area of former Roman control, from the fertile crescent, or China and being a civil law nation.

You should read the above paragraph as indicating that the laws of France are more bureaucratic in structure than you may be used to if you come from a common law country.

Though asbestos has been banned the use of asbestos since 1997 (a decision that was later upheld by the WTO), there is no law (that I can find) specifically addressing asbestos in the French code. Indeed, a bit over a month ago, there was a protest in favor of large-scale action against asbestos malfeasors. There are numerous lawsuits ongoing in France, however under various other causes of action and just last month there was a large award found against Alstom Power Boilers.

Asbestos & the law, UK edition

Parliament has passed quite a bit of legislation regarding asbestos in the UK. The primary acts concerned with asbestos are:


The Health and Safety at Work Act 1974
The Asbestos (Licensing) Regulations 1983
The Control of Asbestos at Work Regulations 1987, amended 1992
The Control of Asbestos in the Air Regulations 1990
The Asbestos (Prohibitions) Regulations 1992
The Control of Pollution Act 1974
The Control of Pollution (Special Waste) Regulations 1980
The Collection and Disposal of Waste Regulations 1988
The Water Act 1989
The Trade Effluents (Prescribed Processes and Substances) Regulations 1989
The Consumer Safety Act 1978
The Asbestos Products (Safety) Regulations 1985

In th UK, the general rule is to not work with asbestos. If it must be used, however, the work is licensed and strictly monitored. Levels at which action are required are:

For blue and brown asbestos: 48 fibre-hours/ml of air
For white asbestos: 96 fibre-hours/ml of air

Mesothelioma

Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body's internal organs. Unsurprisingly, given the nature of this blog, mesothelioma is almost always caused by exposure to asbestos. According to the government, 2,000 new cases are diagnosed in America each year though this conflicts with the mortality rate of 10,000 deaths per year due to the disease.

The symptoms, much like those of asbestosis, may not present themselves until 30-50 years after exposure. Symptoms of peritoneal mesothelioma include weight loss and abdominal pain and swelling due to a buildup of fluid in the abdomen. Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face. If you have these symptoms seek medical attention immediately.

Unfortunately, the survival rate of those diagnosed with this disease is not not high, nor is the expectancy of a long period (typically on the order of 8-12 months). As with most cancers, there are three treatment options: surgery, chemotherapy, and radiation.

Legally, many people file claims for mesothelioma-related illnesses before presenting for the disease due to worries about the tolling of the statute of limitations. If you think you may have mesothelioma and want to consider your legal options, there are websites that are devoted to this topic and will link you to experts in the field who can give you a full presentation of your options.

What is asbestosis?

Asbestos itself is any number of minerals that are fibrous in nature and have some remarkable heat resisting qualities, which lead to asbestos' large scale usage in construction and other areas for fire retardation and similar purposes. Asbestosis is a respiratory disease caused by long-term exposure to asbestos fibres. These fibres were common in construction through the mid 1970s and are present to this day in some products, such as the brakes on your car.

The specific cause of the disease are asbestos fibres that get into a person's lung, pierce the lining, and cause scar tissue. The scar tissue is both less flexible than regular lung tissue and also cannot operate to exchange gases into the blood stream. Asbestosis is a debilitating, incurable disease that affects millions of people worldwide.

Symptoms, which may take 20-40 years to present, are most typically exemplified by shortness of breath and persistent pain in the chest.

See also: National Institute of Health

Welcome to Asbestos Legal

Welcome! Here we will be a one-stop location for the legal issues related to asbestosis, mesothelioma, and the laws related thereto.