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Timing-of safety consideration obligations of death and enterprises in |mesothelioma and content|

Timing-of safety consideration obligations of death and enterprises in |mesothelioma and content|

• A person who has worked in the thermal power plant there is a possibility of asbestos dust exposure, if you died of retirement after the malignant mesothelioma, Will it be any such claims against the company. Please tell us about the recent court cases.
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• Answer point
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• Pneumoconiosis Act enacted after the "1960 April, in time to be engaged in the dust business, asbestos (hereinafter referred to as the" asbestos ".) There is a foreseeability of damage, not equipped with protective equipment, not tell you wear thing is, safety consideration obligation falls on a violation, from incubation period, etc. to onset from exposure and the corresponding causal relationship "between the death, Chubu Electric Power incident that ordered the payment of alimony 30 million yen to the company (Nagoya Chibantaira 21.7.7 Rokeisoku 2051-27) will introduce.
• Commentary
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• Overview of the case of 1 Chubu Electric Power Co. case
• This case, plaintiffs are heirs died A who was working in the thermal power plant is, after died A is retired, had died of malignant pleural mesothelioma, the asbestos dust by the lack of safety measures of the company is because the exposure, claiming that the company there is a safety consideration breach, company to the leading position specific to the claim for damages based on the default on the contract of employment, as a claim for damages based on tort in the preliminary It is cases of obtaining the payment of alimony and the like.
• The gist of the 2 ruling
• The gist of the judgment of the trial are as follows.
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• 1 In Japan, from entering the 1950s, on which there were numerous publication of the research results of the notification and government agencies about the health damage caused by asbestos dust, Pneumoconiosis Act of April 1960, the work in place exposure since that corresponds to the dew work is understood that the purpose was to clear, the defendant in this point in time, by that died a to engage in commissioning work, exposure to asbestos dust harmful concentration in the human body of pneumoconiosis criteria and, it can be said that obtained foreseen to undergo pneumoconiosis some other serious health problems. In addition, for the duration of exposure, the risk is about the fact that the time required the Pneumoconiosis Act prescribed health diagnosis had been based on the one-year or three years, the prospect of engaging the period of exposure work reaches a total of about one year who it is recognized that it was possible to determine that there is.
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• 2 company, a died A, which is already engaged in a period of exposure work has reached about 9 months, at the time to be engaged in commissioning work from June 16, 1960, that there is a possibility foreseen from the beginning, due to it It owes the safety consideration obligation to avoid damage.
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• 3 company, 1960 June 16 days later, after having equipped each workplace to the appropriate respiratory protective equipment, to the died A engaged in commissioning work, work with the thermal insulation material up at the time of thermal power plant construction line it is a place are we to asbestos dust is scattered, for harmful to the human body of asbestos dust, attention, guidance, safety consideration obligations should be specifically instructed to wear this when performing the commissioning business it should say what was owed.
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• Between the death of 4 asbestos dust exposure and died A, is recognized equivalent causal relationship between the death of safety conscious breach of duty and died A company.
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• From the above, the company told died A, is with respect to the results of the death bear the liability for damages based on safety considerations breach of duty on the employment contract, was ordered to pay such as alimony to the company.
• 3 discussion of court cases
• This case, 1960 April Pneumoconiosis Act enacted later, in time to be engaged in the dust business, asbestos (hereinafter referred to as "asbestos".) There is a foreseeability of damage, not equipped with protective equipment, not tell you wear thing it is, hit the safety conscious breach of duty, as equivalent to a causal relationship between the death from the incubation period, etc. to onset from exposure, is what has ordered the payment of alimony 30 million yen to the company.
• For the risk of asbestos or should have been aware how from time, there are various court cases, however, the present decision is, do the certification, such as described above, we worked to victims. Initially, it was also present passive court cases per claim for damages of the health damage caused by asbestos, in recent years has been aggressive court cases will increase. International Tourism Sapporo (asbestos exposure) incident (Sapporo High-size flat 20.8.29 labor-size 972 No. 19 pp.) Is also not recognized the company's claim of a damage of asbestos could not be recognized until 1987 around, the Pneumoconiosis Act (1960 year), specializing in law, and the occupational safety and Health Act (1972) by other related laws and regulations, health of asbestos dust exposure of the company, foreseeing the possibilities for impact on life is positive, topical law is requesting exhaust by the exhaust system, the use of protective equipment, has recognized the safety consideration breach as not taken the measures such as wetting. In addition, the US military Yokosuka base case "Yokohama land Yokosuka  flat 21.7.6 labor-size 21.11.10" also, as should have been carried out to recognize each health hazards of asbestos in 1977 prior to the employment of employees measures He pleaded safety conscious breach of the country.
• counter-measure
• For business disaster certification standards of asbestos-related disease, "the accreditation criteria of the diseases caused by asbestos" and notice that certification criteria of (flat 15.9.19 radical departure No. 0,919,001) has been easing is issued, further criteria in recent years have been relaxed "flat 18.2.9 radical departure No. 029001". In addition, from time to time, it has also been published workers' compensation certification such as workplaces list. In addition, the bereaved family that can not be obtained with relief, family, neighborhood residents also established targeted "Act on Asbestos Health Damage Relief" is on February 3, 2006, also performed revision, further victims relief has been achieved. Mesothelioma due asbestos, the incubation period is very long, also, in view of the fact that there are many victims who have been exposed to asbestos dust in a vulnerable state until now, is a new asbestos damage in the future becomes clear, it disputes it is expected to occur. If you from the side of the company, as a lapse of many years but said that many also like difficulty collecting data for the time exposure situation, such as recent court cases, will Hakaro aggressive relief of victims it said that there. Therefore, as the company, noted the trend of court cases of recent victims, fully aware of the possibility of lawsuits study as much as possible, do the evidence collection, etc., prior to the adequate measures the stand will be necessary to keep up with.
• Preventive measures
• It is natural that there is a need for readiness improvement in health and safety, but now, even if there is a so-called top up workers' compensation regulations "Makoto Iwade "Practical labor law lecture "Third Edition" MZ "civil law research meetings and flat 22" 964 pages see below), it says that in many cases it is not possible to correspond to asbestos damages claims after the workers' certification from the post-retirement employee. In the future, for the prevention of the occurrence of the dispute or its expansion prevention, it will come also become important to the development in this regard.

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