ASBESTOS:
A Silent Killer in Nigeria By Dele Igbinedion Solicitor Asbestos
is a fibrous mineral that has been used as insulation and as a fire
retardant in a wide variety of applications. In Nigeria, it is used
mainly as roofing and tiling material. Due
to its fibrous nature, asbestos can produce dust that, when inhaled,
becomes deposited in the lungs. This can cause or contribute to the
development of illnesses including asbestosis (a fibrous scarring of the
lungs) and mesothelioma (a malignant tumor in the lining of the lungs or
the abdominal cavity). These are very fatal diseases. Most
asbestos particles are coughed up or swallowed. Those that are long and
thin are not as easily cleared and can cause cancer. Science has
established beyond doubt that the odds of getting cancer increase with
the level and duration of exposure to asbestos fibres. INHALING
ASBESTOS When
someone inhales asbestos fibres, there will usually be no immediate
symptoms, but there remains a long-term risk of chest and abdominal
cancers and lung diseases. The most dangerous asbestos fibers are too
small to be visible. After they are inhaled, they can remain and
accumulate in the lungs. Asbestos
can cause lung cancer, mesothelioma (a cancer of the chest and abdominal
linings), and asbestosis (irreversible lung scarring that can be fatal).
Symptoms of these diseases do not show up until many years after
exposure began. Smokers are at higher risk of developing
asbestos-induced lung cancer. Most
people with asbestos-related diseases were exposed to elevated
concentrations on the job; some developed disease from exposure to
clothing and equipment brought home from job sites. This
is how it happens: 1.
Asbestos fibers are inhaled through successively narrower passages, from
the trachea through the bronchial tubes to the bronchioles. Fibers
embedded in these airways can cause lung cancer. 2.
Fibers can reach the clusters of honeycombed air sacs called alveoli,
leaving scar tissue. Excessive scarring restricts breathing. This is
asbestosis, a condition resulting mainly from occupational exposure. 3.
Fibers can pass through the alveoli and migrate to the pleura, the
lining of the chest cavity. There, they may injure the mesothelial cells
and promote malignant tumours. This is mesothelioma, a fairly rare
cancer that is usually discovered 25 to 40 years after initial exposure.
Nearly all victims die within a year of diagnosis. 4.
Mesothelioma sometimes occurs in the peritoneum, the lining of the
abdominal cavity. WHO
DOES IT AFFECT? The
conditions caused by asbestos could be common among present or former
employees of asbestos manufacturing companies, sales outlets and/or
present or former users of the product. It
could also spread to other persons who come into daily contact with the
unwitting carriers, as it the fibres are airborne. In the UK, a widow
who contracted the disease associated with asbestos inhaled the fibres
from her husband’s clothes as she washed them. She was consequently
able to recover substantial damages. ASBESTOS
USE IN THE UNITED STATES The
widespread use of asbestos in manufacturing and the United States ended
in the 1970s, and since then, the government has strictly regulated
workplace exposures. Several federal and state agencies have authority
to regulate asbestos, including the US Department of Labor's
Occupational Safety and Health Administration and the US Environmental
Protection Agency. Sufferers
have brought multi-million Dollar lawsuits against asbestos
manufacturing companies and have recovered a lot of money to aid
sufferers and their survivors. ASBESTOS
USE IN EUROPE In
Britain, it has been outlawed due to its hazardous effect on health and
some years ago, some South Africans who worked for asbestos
manufacturing companies were able to sue and recover in the UK for
asbestos related illnesses. Professional
indemnity insurer Zurich Professional has recently urged solicitors in
the UK to make sure their non-domestic conveyancing processes include
detailed questions on asbestos risk management. Under the Control of
Asbestos at Work Regulations 2002, which came into force on 21 May 2002,
any business in the UK that does not actively manage asbestos risks will
be prosecuted. In
Belgium, asbestos use in any building is illegal. Indeed, the European
Union refused to use its headquarters in Brussels since for many years
now because asbestos was found to have been used in constructing the
building. Instead, it has commissioned a company to remove all traces of
the product. Only after this is completed will the building be utilised.
ASBESTOS
IN NIGERIA As
the Western governments outlawed asbestos use in their countries, the
evil companies manufacturing these fibres moved to Africa. In Nigeria in
particular, it is being manufactured in many centrally located cities
like Kano, Lagos and Sapele and promoted as an essential ingredient for
building. Most houses in Nigeria today have asbestos as major materials,
from roofing sheets to the pipes used for supposedly modern toilets. In
fact, most Nigerians consider it a symbol of affluence that their homes
are roofed entirely with asbestos roofing sheets, whereas, they
unknowingly signed their death warrants when they purchased the
materials. It
is also used as for brake linings for cars, among others. So, the
average mechanic who works with these brake linings is at risk of
contracting diseases associated with asbestos. Ditto for the car owners,
drivers etc of the cars that use the products. Sadly,
the “Nigerian” companies involved in the manufacture of the product
are all foreign owned. My investigations revealed that a closely guarded
Belgian company registered in Brussels, Belgium owns them. Ironically,
while the product is banned in Belgium, these people recklessly
manufacture and distribute it in Nigeria putting countless millions at
risk. How many of our people have died, as a result of inhaling the
fibres should be anyone’s guess. Many
more people may be contracting the disease and dying in ignorance unless
action is taken to avert it. WHAT
YOU MUST DO If
you or a loved one has Mesothelioma, you were exposed to asbestos. As
indicated above, the asbestos manufacturers and distributors know that
asbestos is hazardous, yet they decide not to warn of these hazards.
Consequently, you may have a right of recovery against those
manufacturers, which can help off-set the costs of treatment and provide
compensation for your pain, sickness and suffering. A.
LIMITATION LAWS Your
first concern is to file within the statutory deadlines. If you have
been diagnosed with Mesothelioma, you must file within 7 years.
If
you have Mesothelioma, that alone is not grounds for damages. In order
to establish a claim (against manufacturers, distributors, and/or
contractors) it must be established that you had been exposed to the
specific asbestos product at a specific location. i.
Find victims and persons who are suffering from asbestosis or
mesothelioma that can be traceable to asbestos exposure. Doctors,
Consultants and other medical personnel who know people suffering from
this disease can help in this. ii.
Locate former employees of asbestos manufacturing companies or other
companies that use asbestos products in their line of business to find
out their health situation. iii. The media should develop interest in this subject and sponsor articles discussing asbestos related diseases. All hands must be on deck. |