The Case for Criminal Sanctions in Preventing Occupational Diseases: A Legal Perspective on Asbestos Exposure
Abstract The study, "The Case for Criminal Sanctions in Preventing Occupational Diseases. Exhibit A: Asbestos", authored by Barry Castleman, was presented before the House Judiciary Committee Subcommittee on Crime in 1979. It highlights the urgent need for criminal penalties against business executives who knowingly conceal the dangers of asbestos exposure from employees and customers. The article provides a historical overview of asbestos-related diseases, including asbestosis, and critiques the failure of civil sanctions and regulatory measures to prevent widespread human suffering. Castleman advocates for criminal sanctions as a more effective deterrent to corporate negligence, using the asbestos industry as a case study.
Legal Relevance This study is a cornerstone for asbestos-related legal claims, offering critical insights into corporate negligence and the health risks of asbestos exposure. It supports legal arguments in the following ways:
Evidence Pathways: The study documents the concealment of asbestos hazards by industry leaders, providing a clear pathway to establish corporate liability. For example, it recounts how companies like Johns-Manville suppressed medical findings and failed to warn workers about the dangers of asbestos exposure.
Occupational History Relevance: The study underscores the historical negligence of companies in protecting workers, making it a valuable resource for individuals seeking to link their occupational history to asbestos-related illnesses. It highlights cases where workers were exposed to asbestos without adequate safety measures or warnings.
Counterarguments to Defense Claims: Defendants in asbestos-related lawsuits often argue that they were unaware of the risks. This study refutes such claims by presenting evidence of early recognition of asbestos hazards, such as the 1918 U.S. Department of Labor Statistics report and the suppressed findings of Dr. Anthony Lanza's 1931 survey.
By providing a detailed account of corporate misconduct and its consequences, the study strengthens the case for individuals seeking compensation for asbestos-related diseases.
Occupation Groups at Risk The study identifies several occupational groups at high risk of asbestos exposure due to corporate negligence and inadequate safety measures. These include:
Construction Workers: Frequently exposed to asbestos in building materials, construction workers face significant risks, particularly during demolition or renovation of older structures.
Insulators: Workers handling asbestos insulation are directly exposed to high concentrations of asbestos fibers, often without proper protective equipment.
Shipyard Workers: Asbestos was widely used in shipbuilding for insulation and fireproofing, putting shipyard workers at high risk of exposure.
Factory Workers: Employees in asbestos manufacturing plants were exposed to airborne fibers, as documented in historical surveys showing high rates of asbestosis among factory workers.
Maintenance and Repair Workers: Individuals tasked with maintaining or repairing buildings containing asbestos products are at risk of inhaling fibers released during their work.
Miners: Asbestos miners were exposed to raw asbestos fibers, often in poorly ventilated conditions, leading to severe health consequences.
These groups are particularly vulnerable due to the widespread use of asbestos in industrial and construction settings and the historical failure of companies to implement adequate safety measures.
Current Medical Understanding The study aligns with current medical knowledge about the health risks of asbestos exposure. It accurately identifies asbestosis as a severe and often fatal disease caused by inhaling asbestos fibers. Modern research has further established the link between asbestos exposure and other diseases, including mesothelioma, lung cancer, and pleural plaques. The study's call for criminal sanctions reflects contemporary views on the need for corporate accountability in preventing occupational diseases.
However, while the study effectively highlights the historical negligence of the asbestos industry, it does not address recent advancements in asbestos abatement and regulatory enforcement. Nonetheless, its emphasis on the need for stronger deterrents remains relevant in the ongoing fight against occupational diseases.
Citation Castleman, B. (1980). The Case for Criminal Sanctions in Preventing Occupational Diseases. Exhibit A: Asbestos. Presented before the House Judiciary Committee Subcommittee on Crime, November 15, 1979.
National Library of Medicine Link For additional context and credibility, readers can access related studies and resources on the National Library of Medicine's website.
Contact Us Today If you or a loved one has been diagnosed with mesothelioma, lung cancer, stomach cancer, throat cancer, colon cancer, asbestosis, or pleural plaques due to asbestos exposure, you may be entitled to compensation. Our experienced legal team specializes in asbestos-related cases and is dedicated to helping victims secure the justice they deserve.
We understand the devastating impact of asbestos-related diseases and are here to guide you through the legal process. Contact us today for a free consultation. Time is of the essence, so don’t wait—reach out now to begin your journey toward compensation and peace of mind.
