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Government Settles Mesothelioma Claim
Nov 18, 2024
It was announced last week that a 73-year old man from Uji City, who was diagnosed with mesothelioma in 2023, had reached a settlement with the Japanese Government four months after a lawsuit was begun; the settlement was approved by the Kyoto District Court. The claimant had been occupationally exposed to asbestos between 1969 and 1979 at a textile factory. He received the full amount of compensation he sought which was 12.65 million yen (US$82,000). See: アスベスト訴訟 元作業員の男性が国と早期和解 京都地裁 [Asbestos Lawsuit: Former Worker Reaches Early Settlement with Government Kyoto District Court].
Nationwide Asbestos Patrols
Oct 30, 2024
Earlier this month, Japan’s Ministry of Health, Labour and Welfare, Ministry of Land, Infrastructure, Transport and Tourism, and Ministry of the Environment announced a joint initiative to conduct asbestos surveillance at construction sites around the country during October and November 2024. During these inspections, technical experts will ensure that work is being undertaken in compliance with mandatory safety laws and regulations intended to prevent the dispersion of asbestos into the environment and ensure that asbestos-containing industrial waste is being safely disposed of. See: 綿対策に係る全国一斉パトロールを実施します [We will be conducting nationwide patrols to combat asbestos].
Asbestos Discovery in Naha City
Oct 8, 2024
The discovery of sprayed asbestos material on the ceilings of municipal apartment buildings has triggered plans to transfer residents from 59 households to alternative accommodation in 2025. Once the occupants have been relocated, asbestos removal work will be undertaken by specialist operatives. In the meantime, according to city officials, there was no health risk as the material was not in a friable or deteriorating state. See: 那覇市営住宅からアスベスト、59世帯を転居へ 健康被害の報告なし [Naha Municipal Housing to Relocate 59 Households to Remove Asbestos. No Health Hazards Reported].
Asbestos in Schools
Oct 4, 2024
On October 1, 2024, a spokesperson for Kamakura City, Japan announced that sprayed asbestos-containing material had been found in the ceilings of classrooms and hallways at four local elementary and junior high schools. In two of the schools “asbestos was exposed and was in danger of scattering due to deterioration or damage.” Following a 2008 investigation, it was believed that all the sprayed asbestos material had been removed from the schools. See: 鎌倉の市立小中４校でアスベスト検出 うち２校は劣化や破損で飛散の恐れ [Asbestos detected in four Kamakura city elementary and junior high schools, two of which are at risk of scattering due to deterioration or damage].
Legal Victory in Sapporo
Sep 23, 2024
The Sapporo District Court, Japan on September 20, 2014 ordered compensation of ¥ 250 million yen (US$1.7m) to be paid by five companies which had manufactured asbestos-containing building products to 34 former workers and/or bereaved families. The defendants were: Nichias and Taiheiyo Cement, both in Tokyo, A&A Materials in Yokohama City and Nozawa in Kobe City. All the claims related to asbestos exposures experienced at construction sites. See: 建設現場で石綿、5社に2億5000万円賠償命令 札幌地裁 [Sapporo District Court orders five companies to pay 250 million yen in compensation for asbestos found at construction sites].
Insufficient Progress in Asbestos Eradication
Sep 12, 2024
On September 6, 2024, Japan’s Ministry of Education, Culture, Sports, Science and Technology published the results of a survey on the use of asbestos-containing insulation materials in school buildings and other facilities. Since the inspections undertaken 5 years ago, 2/3 of the structures, 72 in total, still contained deteriorated or damaged asbestos-containing insulation. Details of the investigation results were published on the Ministry's website. See: 学校施設のアスベスト、劣化・損傷する保温材72機関が保有…文科省 [Asbestos in school facilities, insulation material that deteriorates and is damaged, owned by 72 institutions…Ministry of Education].
Mesothelioma Session in Okayama
Sep 12, 2024
On September 29, 2024, a coalition of civil society stakeholders, including the Japan Asbestos & Mesothelioma Society and the medical oncology department at Okayama University Hospital, is holding a seminar on the medical treatment of mesothelioma patients. The event will take place at the Convention Center, Okayama City, Japan. The program will feature presentations by Shinichi Fujimoto, vice president of the Society, and Dr. Tei Goto of the National Rare Cancer Center who will talk about new mesothelioma treatments. Information will also be made available about a Kansai-based mesothelioma patient group. See: 「中皮腫」治療テーマにセミナー ２９日、岡山 [Seminar on the theme of “mesothelioma” treatment 29th, Okayama, Japan].
E-commerce and Asbestos
Sep 2, 2024
Japan’s Ministry of Health, Labor and Welfare issued a warning on August 29 regarding the availability of asbestos-containing products from online retail outlets. Although products containing 0.1% or more of asbestos are prohibited from being manufactured, imported, or sold under the Industrial Safety and Health Act, items – such as ZHANGXINWEN's Ceramic Wire Mesh, HanaHaul's Ceramic Wire Mesh, Asbestos Wire Mesh (8 pieces) – can be purchased online. See: 厚労省、ECモールへ出品のアスベスト使用製品に注意喚起…主要ECモールに確認を要請 [The Ministry of Health, Labor and Welfare warns of asbestos-using products listed in EC malls ... Requests confirmation from major e-commerce malls].
Support & Information for Cancer Sufferers
Sep 2, 2024
On the afternoon of September 1, 2024, members of the Hokuriku Branch of the Mesothelioma and Asbestos Disease Patients and Families Association held a consultation and information session in Kanazawa City to examine the ongoing consequences of the 7.5 magnitude January 1, 2024 Noto Peninsula earthquake. Mesothelioma sufferer Akira Oshima, from Kahoku City, Ishikawa Prefecture, gave a presentation during which he shared his experience. See: 「石綿に理解深めて」震災がれきで被害懸念 支援団体が相談・交流会 [“Deepen your understanding of asbestos” Concerned about damage caused by earthquake rubble support groups hold consultations and exchange meetings].
Another Construction Lawsuit
Aug 12, 2024
On August 8, 2024 a class-action lawsuit was filed in Sapporo District Court, Japan by eight former workers and/or bereaved families seeking damages of 150 million yen (US$1m) from four companies. It was alleged that the defendants manufactured and supplied asbestos-containing construction material to worksites where hazardous exposures occurred from the 1950s. As a result, workers contracted deadly asbestos-related diseases including mesothelioma and lung cancer. See: 建設現場の石綿被害 集団訴訟で元労働者ら８人が追加提訴 建材メーカー４社に１億５千万円賠償求める 札幌地裁 [Eight former workers file additional lawsuit over asbestos damage at construction sites, seeking 150 million yen in damages from four building material manufacturers].
Asbestos Contamination & Renovation Work
Jul 30, 2024
Long after many industrialized countries banned asbestos, Japan continued to import and install asbestos-containing material. As a result, property owners are faced with the legacy of this toxic material in their buildings. Considering the complexity of mandatory guidelines and laws in Japan regarding asbestos removal work, individuals are advised to employ specialist firms to eradicate the hazard. One such firm is inviting the public to a renovation trade fair in Tokyo next week. See: アスベストの事前調査から解体作業、廃棄物の収集、輸送、処分まで包括的なサポートを提供します [Integrated support from preliminary asbestos survey to demolition work, collection, transportation and treatment of waste].
Deadly Earthquake Legacy
Jul 23, 2024
On July 21, 2024, it was announced that a 6th worker had been certified by the Kobe Nishi Labor Standards Inspection Office as having a work-related injury after contracting the signature asbestos cancer mesothelioma having been exposed to asbestos during clean-up work following the 1995 Great Hanshin-Awaji Earthquake. The injured man who is 67 years old, was born in Amagasaki City, but now lives in the Hanshin area. Commenting on his experience after the disaster, the cancer sufferer said: “There were many people who did similar work in the disaster areas, so there are probably even more patients.” See: 阪神・淡路被災地：震災によるアスベスト被害 [Hanshin-Awaji disaster area: Asbestos damage caused by the earthquake].
Mesothelioma Victim Sues the Government
Jul 17, 2024
A precedent was set on July 9, 2024 when a mesothelioma sufferer, who had been employed at a textile factory in Uji City, sued the government for failing to protect him in a lawsuit being heard in Kyoto District Court. Between 1969 and 1979, the worker had been tasked with handling burlap bags containing asbestos which was fed into the production line for the manufacture of heat insulation products. As a result of workplace exposures, he contracted the asbestos cancer, mesothelioma. See: ユニチカ工場で石綿暴露 宇治市の元労働者が救済求め提訴 中皮腫発症し今年３月に労災認定 [Asbestos exposure at Unitika factory. Former worker with mesothelioma in Uji City sues for relief and [exposure] is certified as a worker's accident in March this year].
Landmark Ruling for Bereaved
Jul 16, 2024
Last week, the Kobe District Court ordered the Japanese Government to pay 11,000 yen (US$70) to the family of a man who died from asbestos cancer because the Labor Standards Department had illegally destroyed records documenting his toxic exposure. It is believed that this is the first time that a punishment has been handed down for the mistaken disposal of public documents. See:「父も労災記録も戻ってこない」アスベスト吸い込み死亡の男性 労基署が記録廃棄 国に賠償命じる判決 [“Neither my father nor the records of his work-related accident were returned” - Man dies after inhaling asbestos; Labor Standards Office destroys records; court orders government to pay compensation].
Remembering the Kubota Shock
Jul 4, 2024
The 19th anniversary of Japan’s “Kubota Shock” – the description given to the seismic realization that the country was being decimated by an epidemic of asbestos mortality – was marked by an event on June 29th in Amagasaki City, Hyogo Prefecture. Up to that date, hundreds of employees and local people had suffered from exposures to asbestos liberated by the operations of the Kubota company’s Kanzaki Plant. According to a municipal spokesperson, asbestos exposures create a “silent time bomb” because it takes a long time for the toxic dust to affect health. See: 周辺住民の被害422人 クボタショック19年 尼崎の集会で報告 [422 people affected by the Kubota shock 19 years ago reports Amagasaki meeting].
Victims’ Verdict in Fukoka
Jun 28, 2024
On June 27, 2024, the Fukuoka District Court ordered 5 building material producers from Kyushu island, Japan to pay compensation of 148 million yen (US$~922,000) to 65 injured asbestos claimants and/or surviving family members. In his ruling presiding judge Ueda Hiroyuki concluded that “it was possible for manufacturers who produced and sold building materials containing asbestos to predict that indoor construction workers would be exposed to dust. Therefore, the manufacturers had a duty to warn workers about the dangers and how to avoid them, but they did not.” See: 建設アスベスト訴訟 ５社に１億４８００万円賠償命令 [Construction asbestos lawsuit: Five companies ordered to pay 148 million yen in damages].
New Asbestos Data
Jun 26, 2024
According to data released on June 19, 2024 by Japan’s Ministry of Health, Labor and Welfare, there were 1,170 worker’s accident claims caused by asbestos recognized in 2023; this was 91 cases more than in the previous year. Amongst the diseases acknowledged were: 642 cases of mesothelioma and 433 lung cancers. Toxic exposures in the construction industry accounted for 65.2% of the total whilst 28.8% were due to exposures in the manufacturing industry. See: 石綿労災、２３年度は１１７０件認定 前年度比９１件増、厚労省まとめ [Asbestos worker's accident certified in FY23 1,170 cases, an increase of 91 cases from the previous year, Ministry of Health, Labor and Welfare summary].
Post-Disaster Asbestos Legacy
Jun 18, 2024
Almost thirty years after the Great Hanshin Earthquake devastated the Hanshin region of Japan, doctors speaking at a June 12th press conference at the Hyogo Prefectural Health Insurance Medical Association expressed concerns about the increasing incidence of asbestos-related diseases amongst earthquake survivors in the decades to come. Forty percent of medical professionals consulted for a survey by the Hyogo Medical Association agreed that the number of victims will increase in the future due to the asbestos scattered during and after the disaster. See: 阪神大震災で石綿被害｢今後増加｣4割 発生30年で医師ら [40% of doctors believe asbestos damage from the Great Hanshin Earthquake "will increase in the future," 30 years after occurrence].
Seller Beware!
Jun 14, 2024
At the June 6, 2024 meeting of Choshi City Council, Japan, the council unanimously approved a supplementary budget that allocated 12.96 million yen (~US$82,000) in reparations and other expenses for the company which in 2019 purchased the land and three-story building formerly used by the Fire Department. By selling this asbestos-containing property to the company without prior notification of the asbestos present, the council had breached its duty of disclosure. See: アスベスト使用の旧庁舎売却は説明義務違反 銚子市が損賠に同意 [Choshi City agrees to compensation for damages due to breach of duty of disclosure in sale of former government building containing asbestos].
New Asbestos Class-Action
May 30, 2024
A class-action asbestos lawsuit has been filed in the Osaka District Court by shipyard workers against the Japanese Government. The claimants include one asbestos victim and the families of seven others who died from asbestos-related diseases. Although the Government implemented a benefit system to compensate construction workers injured by asbestos after a Supreme Court ruling, shipyard workers are not eligible under the scheme as it now stands. The first shipyard lawsuit was filed in February 2023. See: 造船作業中に「アスベスト」吸い込み健康被害 国に賠償を求め追加提訴 [Inhalation of “asbestos” during shipbuilding work and health damage. Additional lawsuit filed against the government for compensation].
Understanding Asbestos in 2024
May 24, 2024
The continuing presence of asbestos material in Japanese buildings remains an ongoing hazard to workers as well as members of the public. A timely reminder of the hazards of human exposures to asbestos were contained in the article cited below, which also included background information on the nature of asbestos fibers, the properties of the mineral and the uses to which it was put before national prohibitions were implemented. See [subscription site]: 粉じん吸って「がん」に スベストによる健康被害、今も危険 [Breathing in the dust can cause cancer; health damage caused by asbestos remains dangerous].
The Legacy of Asbestos Mining
May 24, 2024
In the run-up to World War II, work was accelerated to develop supplies of asbestos at Japanese mines. The history of one mine – the Kiyomi Asbestos Mine – was the subject of the article cited below. Describing the conditions, a former worker said: “The asbestos dust was unbearable. There were no masks. We sometimes put towels over our mouths and noses, but the dust would get in our throats, and we couldn't work without gargling every now and then.” A large number of Kiyomi workers have been diagnosed with asbestos-related diseases. See [subscription site]: 「ほこりが喉にたまった」劣悪な環境 知られざる石綿鉱山の被害 | 毎日新聞 [“Dust got stuck in my throat” - the poor working conditions and unknown damage caused by asbestos mine].
Accessing Asbestos Benefits
May 14, 2024
Japan’s Ministry of Health, Labor and Welfare last month sent information on the “Special Survivor Benefit System” to 3,012 families of people who died from mesothelioma, notifying them that they were eligible to apply for benefits under the Workers’ Accident Compensation Insurance Act. There is, however, a five-year statute of limitations. If this has expired, a bereaved family may submit an “asbestos-related” claim if the deceased’s illness was caused by toxic exposures at work. See: 中皮腫により亡くなられた方のご遺族に 「特別遺族給付金制度」などの案内文を送付しました [We sent information on the “Special Survivor Benefit System” to the families of people who died from mesothelioma].
Victim’s Victory in Kumamoto
Apr 30, 2024
The Kumamoto District Court ordered defendant companies Japan Refrigeration and Amakusa Plant to pay 27.72 million yen (US$172,000) compensation to a 78-year old plaintiff who alleged that he had developed lung cancer as a result of workplace asbestos exposures. In its ruling, the Court agreed that the companies had neglected the duty of care they owed employees to ensure a safe working environment. The claimant was diagnosed with lung cancer in 2016. See: 作業中にアスベスト吸い肺がん、熊本地裁が２社に２７７２万円支払い命令…安全配慮義務違反を指摘 [Lung cancer from asbestos inhalation during work, Kumamoto District Court ordered two companies to pay 27.72 million yen ... Pointing out violations of duty of care].
Asbestos Fallout from Russian War
Apr 23, 2024
Asbestos fibers were identified in each of the ten samples of building debris – including roofing materials, underground building materials and pipes from apartment buildings and schools in 4 locations in Kyiv and Kharkiv – analyzed by a Tokyo-based laboratory. Commenting on these findings, Professor Ken Takahashi said: “The results of this analysis serve as a basis for warning local workers and residents about asbestos and taking countermeasures. We also need to get international organizations and other organizations to recognize that the cost of countermeasures is necessary.” See: ウクライナの被害建物からアスベストを検出 日本企業が分析 [Japanese company analyzes asbestos detected in damaged buildings in Ukraine].
Test Case for Asbestos Victim in Hashima
Apr 18, 2024
On April 15, 2024, a family launched a legal action to claim compensation for the 2018 asbestos cancer death of a 79-year old man who had worked near an asbestos processing factory owned by the Nichias company. The claimants argue that during the deceased’s 13 years employment at a Hashima workshop, he had breathed in asbestos liberated by the Nichias Hashima Plant in Gifu Prefecture. Under Japanese law, people can obtain compensation for contracting asbestos cancer if they lived near an asbestos factory. There is no such provision for people who worked near such a facility. See: 「石綿工場の近くで勤務」、中皮腫で死亡 責任裁定、遺族が申請 [“Working near an asbestos factory,” died of mesothelioma liability ruling, bereaved family applies].
Asbestos Settlement for Kobe Plaintiffs
Mar 11, 2024
On March 6, 2024, a settlement was reached in the Kobe District Court between the Japanese government and relatives of a 78-year old self-employed electrician from Hyogo Prefecture who died from mesothelioma caused by exposure to asbestos at construction sites. The Government will pay a total of 14.3 million yen (US$97,200) in compensation to the three sister-in-laws of the deceased. See: アスベスト被害で男性死亡 遺族と国が和解へ 原告請求通り1430万円支払い 神戸地裁 [A man dies due to asbestos damage The bereaved family to receive 14.3 million yen from the government as ordered by Kobe District Court].
Asbestos Fallout from January Earthquake
Mar 7, 2024
Several weeks after the January 1, 2024 earthquake hit the Noto Peninsula of Ishikawa Prefecture, Japanese citizens were reminded of the hazard posed by asbestos contamination created by natural and man-made disasters during a symposium in Okayama City convened by the Tokyo Occupational Safety and Health Center and the local Okayama Occupational Safety and Health Center. Members of the public in the affected area were warned to avoid demolition sites and wear specialist masks such as N95s to limit their inhalation of asbestos fibers. See: 災害とアスベスト リスク知り対策の徹底を [Disasters and Asbestos Risks Awareness and Prevention].
Asbestos in Schools
Feb 21, 2024
The asbestos-related death of a Japanese science teacher was recognized this month as an occupationally-caused disease. Hideo Sando, who died from mesothelioma age 69, had handled asbestos during scientific experiments in the school’s laboratory. He had worked at a municipal elementary school in Wakayama, a city in western Japan from 1977 to 2013. He was diagnosed with mesothelioma in 2021 and died in 2022. This is the tenth case of an asbestos-related occupational disease to emerge among teachers in Japan. See: Death of Japan science teacher who handled asbestos recognized as on-job accident.
Great East Japan Earthquake 1995
Feb 21, 2024
Researchers studying the consequences of the Great Hanshin-Awaji Earthquake (1995) agree that with increasing latency – the time between asbestos exposure during the quake and now – the likelihood of at-risk people developing asbestos-related diseases continues to grow. As a result of damage done during the disaster, levels of airborne asbestos were 25 times the environmental standard. Between February and April 1995, buildings with 300 tons of sprayed asbestos were demolished. Five disaster clean-up workers have been certified with asbestos-related diseases. See:震災アスベスト、30年目の脅威を問う 長い潜伏期間、これからか顕在化か [Earthquake asbestos poses a threat after 30 years; will more cases emerge due to long incubation period?].
Victim’s Verdict against Nichias
Feb 2, 2024
More than five years after a lawsuit had been filed by an 80-year-old retired worker from the Nichias Hashima Asbestos Plant, on January 31, 2024 Chief Judge Atsuko Matsuda at the Gifu District Court ruled that the claimant had “contracted pneumoconiosis as a result of work such as manufacturing [asbestos] insulation materials at the Hashima factory.” As the company had not taken steps to protect its workers, it was ordered to pay 14.3 million yen (US$97,500) compensation to the plaintiff. See: アスベスト製品の仕事に従事し“じん肺” 慰謝料を請求した訴訟 原告勝訴の判決 岐阜地裁 [Lawsuit for compensation for “pneumoconiosis” caused by working with asbestos products].
Shipyard Claims in Hokkaido
Jan 24, 2024
On January 17, 2024, two claimants filed a lawsuit at Sapporo District Court seeking a total of 28.6 million yen (US$193,175) in damages for asbestos exposures experienced at Japanese shipyards. The defendant was the government which, the plaintiffs argued, had failed to act in a timely fashion to protect workers who were involved in shipbuilding and ship maintenance from toxic exposures. Although there is a national asbestos injuries scheme, people who worked at the shipyards and family members are not eligible to lodge a claim. See: 船に関わる作業での石綿被害めぐり札幌で二次提訴 元作業員の男性ら [Secondary lawsuit filed by former workers in Sapporo over asbestos damage in work related to ships].
The Great Hanshin-Awaji Earthquake
Jan 17, 2024
Almost 30 years after the Great Hanshin-Awaji Earthquake, staff from the Hyogo Occupational Safety and Health Center are holding telephone consultation sessions for people with concerns about asbestos exposures experienced during the disaster. Many asbestos diseases have long latency periods and it is possible that people exposed during the earthquake are now showing symptoms of disease. NGO workers answered the phone lines on January 15 & 16, 2024 from 10 a.m. until 6 p.m. See: 阪神淡路大震災でのアスベスト被害を調査 電話相談を開催「何でも相談して」 [Investigating asbestos damage caused by the Great Hanshin-Awaji Earthquake; in telephone consultation “Ask us anything”].
New Government Data
Dec 18, 2023
On December 13, 2023, a spokesperson for Japan’s Ministry of Health, Labor and Welfare announced that 1,140 people were certified in 2022 with asbestos-related occupational diseases. It was predicted that 1,000 such cases will be recognized annually for the foreseeable future. The total number of occupational asbestos-related claims recognized by this scheme is 20,643. Despite the availability of government benefits for some asbestos victims, litigation continues on behalf of others who are ineligible to bring claims under the current system. See: アスベスト労災認定、昨年度は1140人 今後も同水準続く見込み [1,140 people were certified for asbestos work-related injuries last year; the same level is expected to continue in the future].
Asbestos on the Railway
Dec 8, 2023
The family of a deceased railway worker is requesting an investigation after their claim for his mesothelioma death in 2013 aged 87 was denied last month. He had worked for the Japan Railways and Transport Agency for 35 years and his death certificate acknowledged that his death had been caused by the asbestos cancer, mesothelioma. The deceased had inspected, dismantled and renovated rolling stock at the JNR Hatabu Factory and the Hakata General Rolling Stock Department, where he also removed asbestos-containing insulation materials. See: 死亡診断書に「中皮腫」、石綿作業35年 旧国鉄職員遺族に補償なし [‘Mesothelioma’ on death certificate, 35 years of asbestos work; no compensation for families of former JNR employees].
Asbestos in Nursery School
Dec 5, 2023
The presence of asbestos was reported in the ceiling of Nanaura Nursery School in Niigata City by an electrician working there on October 24. When the presence of asbestos was confirmed, the children were relocated. Subsequently, plans were made for all municipal facilities where it was suspected that sprayed asbestos might have been used to be reinspected. According to a spokesperson for Niigata’s Environment Department: “We will visually check to make sure that there are no omissions, and if any suspicious sprayed materials are found, we will inspect them for asbestos.” See: 保育園の天井からアスベスト検出 新潟市、全市有施設を再調査へ [Asbestos detected in the ceiling of a nursery school. Niigata City to re-investigate all city-owned facilities].
Victim’s Verdict in Fukuoka
Nov 20, 2023
A lawsuit brought by bereaved relatives over an occupationally-caused death was settled last week at the Fukuoka District Court, Japan. From 1969, the deceased had worked for the Kyushu Electric Power Co. at four of its thermal power plants in the Fukuoka and Saga prefectures. He had been routinely exposed to asbestos at these workplaces and died aged 69 from mesothelioma, the signature cancer associated with asbestos exposures. Although the amount of the compensation payout was confidential, the family members had sought damages of ¥44.63 million (US$295,000). See: アスベスト訴訟、遺族と九州電力が和解 火力発電所で勤務 [Asbestos lawsuit, bereaved family of worker at thermal power plant settle with Kyushu Electric Power].
Relatives Sue Government
Nov 14, 2023
On November 9, 2023, the family of a deceased employee of the Hitachi Research Institute announced the filing of a lawsuit against the Japanese Government at Mito District Court over its’ failure to prevent asbestos exposures – seeking 14.3 million yen (US$94,345) compensation. The case was filed months before the expiry of a 20-year deadline. The familiy's lawyers said their clients hadn’t known it was possible to hold the Government to account for the exposures which caused the cancer contracted by their father. See: アスベスト吸入 中皮腫死亡で国賠提訴 元日立社員遺族「今年、制度を知った」 [Government sued for compensation over asbestos inhalation mesothelioma death of former Hitachi employee. Bereaved family “learned about the system this year”].
Asbestos at Nursery School
Oct 12, 2023
On October 10, 2023, Niigata City announced that work it had ordered to be undertaken at Urushiyama Higashi Nursery School may have liberated asbestos fibers. The renovations, which were carried out while the kindergarten was open, necessitated the removal of paint on an exterior wall of the premises. A report on this work concluded that asbestos fibers may have become airborne as a result of this work. Once this was known, the children were relocated to another venue as an investigation was carried out. See: 保育園の外壁工事でアスベストが園内廊下に飛散した可能性 新潟市発注工事《新潟》 [Asbestos may have been scattered into the hallway of nursery school due to construction work on exterior walls].
Mesothelioma Epidemic: 2023 Update
Oct 9, 2023
The Japanese Government has admitted that the national epidemic of asbestos cancer is growing. According to the Ministry of the Environment, deaths will continue until 2051 at the earliest as the figures collected to date do not include deaths from workplace asbestos exposures experienced by asbestos removal or demolition workers. Data cited in articles such as the one below compared the national asbestos experiences of the UK and Japan and highlighted the repercussions of failures by the Japanese government to take timely action on the asbestos hazard. See: 「ほぼアスベストが原因」の中皮腫死、ついに3万人超過 「引き続き増加傾向」と国も認める [Mesothelioma deaths “always caused by asbestos” finally exceed 30,000. Goverment admits “trend is increasing”].
Initiative to Raise Mesothelioma Awareness
Oct 2, 2023
To spread awareness of Japan’s mesothelioma epidemic, the Tokyo-based NGO Mesothelioma, Pneumoconiosis, and Asbestos Center has set up a competition which will begin receiving applications from October 1. Entrants can submit their work under one of four categories: photos, essays, literary arts and research promotion. The pieces will be judged by their effectiveness in raising public awareness of the signature cancer associated with asbestos exposure. Monetary prizes will be given to the successful competitors. See: アスベスト問題を未来の世代にもわかりやすく 写真や文芸に賞を創設 [Establishment of awards for photography and literature to make asbestos issues easier to understand for future generations].
Asbestos Public Health Risk
Sep 14, 2023
A paper documenting the findings of Japanese researchers regarding the public health risk of living in proximity to a large-scale asbestos-cement production facility in Amagasaki, Japan was uploaded to the PubMed search engine in July 2023. The scientists observed “an increasing, dose-dependent risk of mesothelioma death associated with neighborhood exposure… A quantitative assessment for risk of mesothelioma deaths, adjusting for occupational and non-occupational exposures separately, showed a dose-dependent association with neighborhood exposure and no substantial gender differences in magnitude.” See: Association of mesothelioma deaths with neighborhood asbestos exposure due to a large-scale asbestos-cement plant.
Nephews of Asbestos Victim File Lawsuit
Sep 11, 2023
On September 6, 2023, the nephews of an electrician from Hyogo who died aged 78 from mesothelioma filed a lawsuit with the Kobe District Court, claiming damages of 14 million yen (US$95,000) from a government scheme which excluded anyone other than close family from eligibility to compensation. According to their lawyer, the deceased did not receive the money he was owed from the construction asbestos benefits scheme because of bureaucratic delays; he had no children and it was right for the money to go to his nephews who regarded him as a father. See: 叔父がアスベストで死亡『姪らが給付金受け取れないのは不当』と国に損害賠償求め提訴 [Uncle dies of asbestos, “It is unfair that nephews cannot receive benefits” so they sue the government for damages].
Increase in Asbestos Cancer
Aug 21, 2023
The article cited below, which discussed the types, uses and problems associated with the historic use of asbestos in Japan, explained that more cases of asbestos-related diseases were being seen in people in their 50s and 60s. People experiencing any of the symptoms mentioned, and especially those at high risk – such as people who worked in the asbestos industry, lived with a family member who did or lived near an asbestos processing factory – are advised to seek immediate medical attention. See: 50代から急増するアスベストの健康障害 [Asbestos health problems are rapidly increasing from people in their 50s].
Supporting the Asbestos Injured
Aug 16, 2023
Having consulted with asbestos victims regarding their health and other concerns, the Prefecture of Kanagawa, Japan last week added additional resources and information to its website to facilitate access to relevant healthcare services. Details were provided for multiple local health and welfare offices as well as for medical services specializing in cancer and cardiovascular diseases. See: 神奈川県がホームページでアスベスト(石綿)に関する健康相談窓口を紹介 [Kanagawa Prefecture introduces a health consultation counter for asbestos on its website].
Supreme Court Victims’ Verdict
Aug 1, 2023
Last week, Japan’s Supreme Court rejected an appeal by the Zen-Nippon Inspection Association (Tokyo) which had been found guilty by the Kobe District Court and the Osaka High Court of failing to prevent asbestos exposures to three dock workers – Masao Akagi, Megumi Tanaka and Hiroyuki Kurabuchi – all of whom contracted lung cancer. See: 神戸港で作業、石綿を吸引し肺がんに 男性3人、勤務先に賠償求め勝訴確定 最高裁、被告側の上告不受理 [Working at Kobe Port, breathing asbestos and suffering from lung cancer. Three men win a lawsuit seeking compensation from their employer as Supreme Court rejects defendant's appeal].
Legal Breakthrough in Sapporo
Jul 13, 2023
A spokesman for the Association of Mesothelioma and Asbestos Disease Patients and their Families announced on July 6, 2023 that for the first time a court had recognized as an industrial accident the mesothelioma death in 1989 of a 41-year old man who had worked for a construction company in Hokkaido based solely on a doctor’s certificate. This was, said the Association, “an extremely rare and groundbreaking accreditation that paves the way for people in similar situations.” See: 死亡診断書なしでもアスベスト労災を認定 [Recognition of asbestos work-related injuries without a death certificate].
July is Mesothelioma Month
Jul 10, 2023
In July, asbestos victims, family members and campaigners from the Mesothelioma Support Caravan Team engage in a series of events to raise awareness of the hazard of asbestos exposures in Japan in collaboration with the Mesothelioma/Asbestos Disease/Patients and Families Group, the National Cancer Center, Rare Cancer Center and other stakeholders throughout the country. See: 7月は中皮腫啓発月間 Mesothelioma Awareness Month [July is Mesothelioma Awareness Month].
Construction Workers’ Victory
Jul 4, 2023
In a June 30, 2023 ruling, the Osaka District Court ordered 12 manufacturers of asbestos construction products to pay compensation of 940 million yen (US$6.5m) to 73 plaintiffs injured as a result of asbestos exposures at construction sites. In his verdict Judge Maru said: “The victims suffered tremendous physical pain, their quality of daily life declined, and they were deprived of their enjoyment of life. The mental chagrin of not being able to live and contribute to society through work is immeasurable.” See: 建設アスベスト訴訟 メーカー12社に約9.4億円の賠償を命じる 大阪地裁 [Construction asbestos lawsuit Orders 12 manufacturers to pay compensation of about 940 million yen Osaka District Court].
Kuboto Shock
Jun 29, 2023
In the run-up to the 18th anniversary of the Kubota Shock – a seismic moment when Japanese society woke up to the existence of an ongoing epidemic injuring and killing thousands of people every year – a photographic exhibition is being held in Amagasaki City on June 23-25, 2023. On display will be pictures of asbestos patients, who were exposed to asbestos fibers liberated by the commercial operations at the Kubota Kanzaki Plant in Amagasaki City, and their families. See: アスベスト患者ら21人の思い伝える 尼崎で写真展、7月2日に集会 [Photo exhibition in Amagasaki, gathering on July 2].
Supporting the Asbestos Injured
Jun 16, 2023
In-person consultations for people suffering from asbestos-related diseases took place in Toyama City, Japan on June 11. The advice session was organized by an asbestos victims’ support group which provided specialized counselors to consult with asbestos victims who had queries about a range of issues. According to Hiroatsu Narita of the Hokuriku Branch Secretariat of Mesothelioma & Asbestos Diseases’ Patients & Families’ Association: “In Toyama Prefecture… there are fewer cases certified as workers’ accidents due to asbestos, and there are potential patients” who remain unidentified. See: アスベスト健康被害の無料相談会 ４年ぶりに富山市で開催 [Free consultation on asbestos health hazards held in Toyama City for the first time in four years].
Tokyo Landmark Verdict
Jun 5, 2023
On May 31, 2023, the Tokyo High Court ordered four building material manufacturers to pay 103.67 million yen (US$741,500) to 22 claimants with asbestos-related diseases. Since the Japanese Supreme Court decision of May 17, 2021 which had established the liability of the Japanese Government and building products’ manufacturers for diseases contracted as a result of asbestos exposures experienced by construction workers, manufacturers had been engaged in a full-scale battle to avoid paying compensation to the injured. See: 建設アスベスト、一部メーカーに賠償命令 東京高裁 [Construction asbestos, some manufacturers ordered to pay compensation by Tokyo High Court].
Tokyo Settlement in Asbestos Litigation
May 31, 2023
For the first time in the Tokyo metropolitan area, and the second time in all of Japan, a settlement was reached with a former asbestos products’ manufacturer in a class action lawsuit brought by former construction workers against the government and a building material manufacturer. The party which admitted its guilt and paid compensation was the Nozawa company, headquartered in Kobe. On May 31, 2023, the Tokyo High Court will issue its verdict on the case brought by the 32 members of the class action against six defendants. See: 建設アスベスト訴訟 建材メーカーと一部原告で和解成立 [Construction Asbestos Litigation Resolved with Construction Materials Manufacturer and Some Plaintiffs].
Buyer Beware!
May 25, 2023
The extensive article cited below explained the challenges posed by the historic use of asbestos-containing products in Japan and the present-day problems asbestos contamination poses. Real estate buyers are strongly advised to commission asbestos surveys of all properties built before September 1, 2006: “an asbestos survey will help protect your assets when purchasing real estate.” Failing to follow this advice could leave a new property owner with huge bills to remediate toxic structures. See: “不動産売買のババ抜き”でジョーカーを引かないために必要な中古物件購入前のアスベスト調査 [Asbestos survey before buying a second-hand property necessary to avoid pulling the joker in “old real estate trading”].
Asbestos Hazard in the Built Environment
May 18, 2023
A May 11, 2023 article on a Japanese website by Manabu Shinbori, an architect from the Saitama Prefecture, reviewed the damage to human health caused by exposures to asbestos in light of revised Japanese laws. More than three times as many people died from mesothelioma – the signature asbestos cancer – in 2017 as in 1995; many of the deceased were construction or manufacturing workers. Duty holders must make every effort to ascertain the presence and condition of asbestos material in all buildings to comply with regulations. See: アスベストに関する法改正 ? 被害を出さないために解体、改修に関して意識をするべきこと 「建築知識の不動産投資 [Amendments to laws related to asbestos?].
Asbestos in the Entertainment Industry
May 4, 2023
Until now, only nine cases of asbestos-related diseases have been recognized amongst former entertainment industry workers, who were exposed to asbestos used at theaters, concert halls and other entertainment venues. It was, said one expert, likely that many more cases from the entertainment industry have gone undiagnosed and uncompensated. Asbestos fireproofing was sprayed on the ceilings and asbestos safety curtains were often used in theaters. Asbestos material was also used where stage lights and screens were located. See: Asbestos poses risk to ex-entertainment industry workers in Japan.
Fujikawa Demolition Stopped by Asbestos
Apr 28, 2023
An unwelcomed discovery of asbestos in an old government building in Fujikawa Town, Yamanashi Prefecture, Japan last month brought a halt to demolition proceedings. It will take at least two months for the building to be remediated, after which work can be recommenced. Prior to the commencement of this project, asbestos material had been identified in 16 places in the building; it was the finding of asbestos products at 4 other sites which caused the delay. See: 富士川町の旧庁舎解体工事、新たにアスベスト発覚で2カ月延長 [Demolition work on old government building in Fujikawa-cho extended by 2 months due to newly discovered asbestos].
School Asbestos Exposure Compensation
Mar 28, 2023
The results of an arbitration process overseen by Kobe District Court over liability for asbestos exposures which occurred at Kogawa Municipal Beppu Junior High School in Hyogo Prefecture in 2020 were announced this week. The toxic exposures took place during demolition work on part of the school building; asbestos material was disturbed by the workers. As per the agreement awarding 22 million yen (US$167,222), 13m yen (US$98,815) will be paid by the designer, 7m (US$53,200) by the city, and 2m (US$15,200) by the contractor. See: 加古川・別府中石綿工事問題 市と業者が調停和解へ、損害額は総額2200万円 [Kakogawa/Beppuchu Asbestos Construction Issues: City and Contractors Reach Arbitration Settlement, Total Damages of 22 Million Yen].
Victims’ Victory in Kyoto
Mar 24, 2023
On March 23, 2023, Presiding Judge Shohei Matsuyama of the Kyoto District Court ordered 16 building material manufacturers to pay compensation to 43 members of a class action lawsuit, including retired or deceased workers who had contracted lung cancer and/or mesothelioma as a consequence of inhaling asbestos at construction sites. According to the Judge: “It was recognized that the danger of asbestos was foreseeable in 1975 at the latest…” Amongst the legal arguments used by manufacturers to contest the claims was the fact that the injured who had smoked were partially responsible for their injuries. See: 石綿、メーカーに賠償命令 京都第２陣、国とは先に和解 [Asbestos Manufacturers Ordered to Compensate Kyoto 2nd Round, Reconciliation with Government First].
New Asbestos Insurance Policy
Mar 10, 2023
A March 6, 2023 press release by AIG General, a global insurance organization, announced the introduction of “an industry first Asbestos Dispersion Accident Expense Rider” aimed at small and medium-sized enterprises in Japan which will cover expenses incurred when “asbestos is dispersed outside a construction site due to an unforeseen accident…” The policy will cover the costs for emergency measures to address the contamination as well as outreach work to business premises and homes within 50 meters of the site, including asbestos removal costs. See: AIG Upgrades Commercial General Liability and Business Expense Insurance: Offers industry’s first rider covering asbestos dispersion accidents.
New Wave of Litigation
Feb 13, 2023
Whilst asbestos-injured construction workers in Japan can access government benefits for injuries they sustained from workplace asbestos exposures, ailing shipyard workers cannot. Eleven people are progressing lawsuits at the Osaka and Sapporo district courts, claiming that toxic occupational exposures to asbestos between 1953 and 2003 caused them to contract lung cancer or mesothelioma. According to one of the claimants’ lawyers: “The shipbuilding industry has been left out of the compensation framework. We have no choice but to file individual lawsuits.” See: 造船業の石綿被害、元労働者が国を提訴へ「救済から取り残さないで」 [Asbestos damage in the shipbuilding industry, former workers to sue the government “Don't be left out of relief'”].
Asbestos Exposures at Military Bases
Dec 1, 2022
On November 16, 2022, speakers at a public meeting of the Association for Supporting Asbestos Victims, Families and Bereaved Families Related to the Military Stationed in Okinawa, provided updates for asbestos-exposed workers and family members regarding access to legal aid and medical care to pursue claims related to toxic exposures at US military bases in Japan. Hundreds of claims have been registered to date, with 12 lawsuits against the national government succeeding for people from Okinawa prefecture. See: 米軍基地アスベスト被害、遺族給付金の期限32年まで延長「被害者掘り起こしを」 支援の会が総会 沖縄・北谷 [U.S. military base asbestos damage, bereaved family benefits extended to 32 years. Victim support group general meeting Okinawa Chatan].
Asbestos Exposures at Construction Sites
Oct 28, 2022
Claimants who contracted asbestos-related diseases from toxic conditions at Japanese construction sites were joined by community activists, politicians and trade unionists at a meeting held in Tokyo on October 25, 2022. The event was preceded by a public rally in front of the Ministry of Health, Labor and Welfare and the Ministry of the Environment. During the symposium which followed, speakers considered the progress being made in setting up a government relief fund and expanding benefits available for injured construction workers. Multiple legal actions are ongoing with a verdict expected on November 7 in the Mitsubishi-Nagasaki Shipbuilding Pneumoconiosis and Asbestos Lawsuit. See: ンネルじん肺救済法実現を [Implementation of Construction Pneumoconiosis Relief Law].
Asbestos Alert in Amagasaki
Oct 24, 2022
Mayor Kazumi Inamura of Amagasaki City, a town at the heart of Japan’s asbestos epidemic, has asked the Minister of Environment Akihiro Nishimura and other members of the government to increase the resources and facilities provided for the support of victims of asbestos-related diseases who had been exposed to asbestos liberated by the operations of the Kubota company’s former Kanzaki Factory. See: アスベスト被害者への支援策、拡充求め緊急要望書 尼崎市長が環境相らに提出 [Mayor of Amagasaki Submits Urgent Request for Expansion of Support Measures for Asbestos Victims to Minister of the Environment].
Asbestos Awareness and Expertise
Oct 19, 2022
Building capacity and ensuring compliance with stricter Japanese asbestos regulations that came into force in October 2022 are core goals of the Tokyo-based Nextage Group. The company will offer: the services of asbestos surveyors; study sessions on asbestos; and specialist training for operatives wishing to gain certification as asbestos surveyors. See: ネクステージグループ／調査受託から人材育成まで／アスベスト新規制対応の新サービス提供開始（2022年10月13日号） [Nextage Group / From Investigation Commission to Human Resource Development / Start of New Service Offerings in Response to New Regulations on Asbestos (October 13, 2022 issue)].
Official Error in Mesothelioma Case
Sep 20, 2022
A lawsuit was launched by a bereaved Japanese family over the unauthorized disposal by the Labor Standards Inspection Office of vital documents required for a mesothelioma compensation case. Relatives of the construction worker, who died aged 54 in 2003 of an industrial accident, having been occupationally exposed to asbestos, needed the paperwork as evidence in a lawsuit against a building material manufacturer. Responding to a 2021 request by the family for documents about the case, officials admitted that records of interviews with colleagues had been mistakenly discarded. See: 労基署が『永久保存のはずの文書廃棄』[Labor Standards Office “disposes of documents that are supposed to be permanently preserved…”].
Asbestos Litigation: Update
Sep 14, 2022
In their opening arguments on September 9, 2022, lawyers representing defendants in a case brought over the asbestos death of a construction worker argued that the building material manufacturer was not at fault, because “the workers should have used dust masks.” The case, which is being heard at the Takamatsu District Court, is over a lung cancer death in 2013; ten manufacturers of asbestos-cement building products are being sued for damages of 29.7 million yen (US$209,000). See: 全国一斉“建設アスベスト訴訟” 建材メーカー争う姿勢示す 高松地裁で初弁論【香川】 [Nationwide “Construction Asbestos Lawsuit” shows fighting stance of building material manufacturers. First argument at Takamatsu District Court [Kagawa]].
Asbestos & Natural Disasters
Sep 12, 2022
A symposium held in Nagano City, Japan on September 3, 2022, considered the state-of-the-art response to asbestos liberated during natural disasters such as Typhoon Number 19, an extremely violent and large tropical cyclone that caused widespread destruction in Japan in October 2019. Sixty participants heard presentations from technical and medical experts in the session run by the Municipal Asbestos Countermeasures Center and the NGO Tokyo Occupational Safety and Health Center. See: 災害時におけるアスベスト対策の教訓を学び合う…市行政、専門家交えシンポジウム [Mutual learning of lessons learned from asbestos countermeasures in the event of a disaster…Symposium of city administrators and experts].
Asbestos Outreach Project
Sep 3, 2022
Asbestos telephone hotlines were operated on August 27 & 28, 2022 by the non-governmental organizations Asbestos Victims Relief Fund (Kobe) and the Pneumoconiosis/Asbestos Victims Relief Fund (Kanagawa Prefecture) to provide legal, medical and administrative information to people concerned about asbestos exposures and their family members. Members of the public were able to call on a toll-free number from 10 a.m. to 6 p.m. See: アスベスト被害、全国一斉の電話相談実施へ ２７、２８日 神戸のＮＰＯ法人 [Asbestos damage, nationwide simultaneous telephone counseling on 27th and 28th. NGO cooporation in Kobe].
Victims’ Victory in Osaka!
Aug 30, 2022
On August 23, 2022, for the first time in Japan a settlement was agreed between the bereaved family of a construction worker who died from an asbestos-related disease and a manufacturer of asbestos-containing building material. According to the agreement submitted to the Osaka District Court, the plaintiffs will receive compensation of 12.87 million yen (US$ 93,500), The company Nippon Insulation also apologized for the demise of the subcontractor from Nara in western Japan who died from lung cancer in 1999, aged 74. See: First Asbestos Settlement with Manufacturer in Japan [ニュース速報: メーカーとの最初のアスベスト和解が日本で達成されました].
Asbestos Hazard at Fukushima
Aug 10, 2022
According to an August 4, 2022 news report, large amounts of asbestos material used in the construction of Units 1 to 6 of the Fukushima No. 1 nuclear power plant remain in place even though the plant is being decommissioned as a consequence of the 2011 nuclear accident. Because of the radioactive contamination of the reactor building, the removal of the asbestos is even more complicated than usual: “There are about 1,700 cubic meters of asbestos insulation wrapped around pipes, but only 90 cubic meters (about 5%) have been removed.” See: 福島第1原発に残り続けるもう一つの「危険物」とは [What is another “dangerous material” that continues to remain at the Fukushima Daiichi Nuclear Power Plant?].
Working to Eradicate the Asbestos Hazard
Aug 8, 2022
Plans have been announced by representatives of the Kyushu-Okinawa region and Yamaguchi Prefecture to work with a specialist company that conducts surveys and provides advice on how to prevent asbestos exposures during work on damaged buildings in the aftermath of disasters. According to Governor Kabashima: “Kumamoto Prefecture has experienced major disasters such as earthquakes and heavy rains, and has recognized the importance of initial responses to prevent scattering of asbestos.” See: 九州沖縄各県と山口県 アスベストの調査行う２団体と協定 [Kyushu Okinawa Prefecture and Yamaguchi Prefecture Agreements with two organizations that conduct asbestos surveys].
Living and Dying from Asbestos Diseases
Jul 21, 2022
A book published in July had contributions from 26 authors, each of whom had first-hand knowledge of the disastrous consequences of Japan’s use of asbestos. The texts were written from two perspectives, 12 from the experiences of sufferers and 14 from carers; subjects discussed included the tortuous process to obtain a diagnosis and the effects of the disease on marital relationships and family dynamics. The editor was Professor Sumiko Oshima of Hokusei Gakuen University. Between commissioning the book and publication three of the 12 patients had died. See: 中皮腫の告知、受け止め前へ 患者・家族26人の体験記を出版 [Publication of the experiences of 26 patients and their families prior to receiving and accepting mesothelioma diagnoses].
Grassroots Initiative in Matsumoto
Jul 8, 2022
At a press conference in Matsumoto City, Japan on July 7, 2022, representatives of the Nagano Prefecture Asbestos Countermeasure Center – a coalition of trade unions and non-governmental organizations – highlighted the hazard posed to health by the presence of asbestos remaining within the national infrastructure. An outreach initiative scheduled to take place on July 17 will facilitate free telephone consultations between 10 a.m. and 4 p.m. for people concerned about toxic exposures. Individuals seeking face-to-face appointments with the legal and medical experts at Matsumoto City Labor Hall will need to pre-book. See: 今月１７日にアスベスト相談会を開催 主催団体が利用呼びかけ [Asbestos counselling session will be held on the 17th of this month].
Asbestos Compensation Scheme: Update
Jun 15, 2022
On June 13, 2022, the upper house of the National Diet of Japan unanimously approved an amendment to the Asbestos Health Damage Relief Law which reinstated the rights of families who had suffered asbestos bereavements to claim special survivor benefits, by extending a deadline of March 27, 2022 for a further ten years. The deadline had been extended twice before and there was a national outcry when the Government had allowed the scheme to lapse. See: 改正アスベスト健康被害救済法 参院本会議で可決・成立 [Amendment of Asbestos Health Damage Relief Law Passed and enacted at the Upper House plenary session].
Tidal Wave of Asbestos Claims
Jun 8, 2022
On June 7, 2022, nearly 200 new claims were lodged against 20+ companies that had manufactured asbestos building materials by workers and bereaved relatives at district courts in Sapporo, Sendai, Saitama, Tokyo, Yokohama, Kyoto, Osaka, Okayama, Takamatsu, and Fukuoka. Additional legal actions are planned in Tokyo, Nagoya and Fukuoka. The plaintiffs are angry that, while the Government accepted liability for damage done by its failures to protect workers from toxic exposures, negligent manufacturers refuse to pay compensation or contribute funds to a National Asbestos Compensation Scheme. See: 建設アスベスト、新たに190人がメーカー提訴 全国10地裁に [190 construction asbestos cases filed with manufacturers in 10 district courts nationwide].
Victory for Construction Workers
Jun 8, 2022
On June 3, 2022, a settlement was approved in the Osaka District Court for construction workers in an action against the Japanese Government. The claimants sought damages for occupational asbestos exposures against the Government and the manufacturers of asbestos building materials. One of the successful claims was over the death of a truck driver who had delivered asbestos building materials to a construction site; this is the first time that a claim against the Government by a worker not engaged in construction had succeeded. No settlement was reached with the manufacturers; proceedings continue. See: 建設アスベスト訴訟、トラック運転手の遺族と和解 大阪地裁 [Construction asbestos action settled with truck driver’s bereaved family at Osaka District Court].
Holding Guilty Companies to Account!
Jun 1, 2022
On May 30, 2022, members of the National Liaison Committee for Construction Asbestos Litigation met with Japanese Communist Party Diet members to express concern over the continued refusal by building material manufacturers to contribute to the National Asbestos Compensation Fund and to apologize to workers injured by exposure to their toxic products. Members of the House of Representatives who attended the meeting included: Tomo Iwabuchi, Akira Kasai, and Toru Miyamoto. Speaking on their behalf, Mr. Kasai said that: “The fundamental issues of corporate social responsibility and the responsibility of the government are being questioned, and we need political action.” See: 建設アスベスト補償基金 [Construction asbestos compensation fund].
Tokyo Rally Calls for Asbestos Justice
May 25, 2022
To mark the first anniversary of the historic Supreme Court ruling for construction workers injured by asbestos exposures, on May 20, 2022 a public rally was held in Tokyo by construction workers and groups representing them. Speakers at the event called on the Japanese Government to apologize for failing to protect workers from hazardous occupational exposures and ensure that manufacturers recompense individuals injured by using their asbestos products. At the meeting, at Hibiya Open Air Concert Hall, attended by 1500+ people, it was announced that on June 7, a new asbestos class action would be launched in seven district courts against building materials manufacturers. See: メーカーの謝罪・補償基金求め [Manufacturer's apology / compensation fund request].
Holding Asbestos Defendants to Account
May 11, 2022
At a May 9 Tokyo press conference, it was announced that a group of asbestos-injured construction workers are launching a class action lawsuit in June 2022 against manufacturers of asbestos-containing building products. In May 2021, the Supreme Court had ordered that the Japanese Government pay compensation for having failed to act, as a result of which construction workers were hazardously exposed to asbestos; the Government has set up a scheme to pay compensation. Although, courts have ruled that manufacturers were also negligent, these defendants have yet to pay compensation to the injured. See: 建設アスベスト被害 建材メーカーに賠償求め各地で一斉提訴へ [Construction workers seek compensation from building material manufacturers].
Government U-Turn on Deadline
May 9, 2022
Public outrage over the expiration on March 27, 2022 of a deadline for asbestos victims to submit claims for benefits under a special government scheme has been acknowledged by the Liberal Democratic Party and the Komeito Party which have proposed an amendment to the Asbestos Health Damage Relief Act to extend the deadline for claiming benefits by 10 years. Their amendment will be presented to the Japanese Diet during the current session. See: “石綿 特別遺族給付金 期限延長を” 自・公が野党に呼びかけ [“Extending the deadline for asbestos special survivor benefits” The public calls on the opposition].
Extension of Asbestos Relief Scheme
Apr 22, 2022
On April 21, 2022, at a joint meeting of Japan’s Ministry of Health, Labor and Welfare and the Liberal Democratic Party, it was announced that a 10-year extension had been agreed to a government “special survivors benefits” relief scheme for bereaved relatives of workers who had died from the asbestos cancer mesothelioma. Under the previous scheme, March 27, 2022 had been the deadline for the submission of claims. As a result of nationwide protests by asbestos victims’ groups and supporting organizations, the Government agreed to extend the scheme. See: アスベスト被害の救済延長へ 自公部会が改正法案了承 [LDP-NKP approves amendment bill to extend relief for asbestos damages].
Second Claim Succeeds for Asbestos Injury
Apr 21, 2022
On April 20, 2022, the widow of a factory worker who had contracted asbestos-related lung cancer and obtained 8.4 million yen (US$65,800) compensation from the Japanese Government, succeeded in another claim against the Government. In a settlement, the Government paid her 3.1 million yen (US$24,270) for the untimely death caused by her husband’s exposure to asbestos at the Hashima City factory where he had worked for the Nichias company. See: アスベスト訴訟で国と和解 死亡で国と再び和解が成立 [Settlement with the country in asbestos proceedings. Another settlement reached due to death [of victim]].
Initiative to Support Asbestos Victims
Apr 19, 202
On April 24, 2022 a meeting is being held in Maebashi, a city in the Kanto region of central Japan, by the Mesothelioma and Asbestos Disease Patients and Family Association (Kita-Kantou Branch) to identify and inform people at high-risk of contracting asbestos-related diseases (ARDs). Speakers will include people who have been diagnosed with ARDs and bereaved family members who will share their experiences and explain issues, including how to access medical and financial support for the injured. See: 石綿被害を訴えて 24日に前橋で相談会 患者や遺族の講演も [Consultation meeting at Maebashi on the 24th to consider asbestos damage. Lectures by patients and bereaved families].
Operation of Compensation Scheme
Apr 13, 2022
The article cited below provided information on the operations of a new government entity set up by the Japanese Government to provide compensation to construction workers injured as a result of occupational exposures to asbestos. The establishment of the administrative scheme became necessary after a landmark decision was handed down by the Supreme Court in 2021 that found that the Government had been negligent in failing to take timely action in recognizing the human health hazard posed by exposures to asbestos. See: アスベストによる健康被害 給付金制度創設、救済に光 [Health damage caused by asbestos, establishing a benefit system].
Victims’ Ruling by Kobe Court
Apr 4, 2022
On March 31, 2022, Judge Satoshi Saito of the Kobe District Court awarded compensation of 20.8 million yen (US$164,000) each to three men who had been employed at the Kobe docks unloading and handling asbestos cargo from the mid-1950s and, as a result, contracted asbestos-related lung cancer. The Judge ruled that according to Japanese law, the employers were required to have protected the workers from exposures to dangerous substances; they failed to do so. See: 神戸港貨物確認元従業員 アスベストで肺がん 法人に賠償命令 [Compensation awarded to former employees from Kobe Port who Contracted Lung Cancer after Unloading Asbestos Cargo].
Local Elevation of Airborne Asbestos Levels
Mar 28, 2022
On March 23, 2022 information was released by Japan’s Ministry of Environment which confirmed that some of the data from routine testing for airborne asbestos levels at 40 locations throughout the country was disturbing. While asbestos concentration in the general environment has been decreasing in recent years, elevated levels continue to be found in areas where asbestos processing or mining had taken place. Investigations are ongoing and measures to protect at-risk citizens are being considered. See: 北海道ノザワ工場から「ほぼ毎年」アスベスト飛散か 最大で住宅地の150倍超 環境省・検討会で指摘 [Ministry of the Environment Study shows, levels of [airborne] asbestos from Hokkaido's Nozawa plant are up to 150 times [average] residential area values "almost every year"].
Asbestos Ruling in Fukuoka!
Mar 25, 2022
On March 24, 2022, the Fukuoka High Court dismissed an appeal by Kitakyushu City and a building maintenance company which had been found guilty by a lower court of having exposed a worker to asbestos at the Kitakyushu City Gymnasium in 1990; as a result of that exposure, he died aged 78. Judge Yoshiaki Moritomi upheld the verdict of the Fukuoka District Court ordering the defendants to pay the family 25.8 million yen (US$211,000). According to the claimant’s lawyer, the 2020 decision by the District Court was the first in Japan to recognize the responsibility of local governments for public facilities which contained asbestos. See: アスベスト訴訟控訴審も北九州市に賠償命令 福岡高裁 [Asbestos proceedings appeal also ordered compensation to Kitakyushu City Fukuoka High Court].
New Asbestos Benefits Law Payments
Mar 23, 2022
On March 18, 2022, Japan’s Ministry of Health, Labor and Welfare announced that it had paid compensation to the first tranche of applicants pursuant to the new Construction Asbestos Benefits Law. On March 2, 86 claims were approved from construction workers who had sprayed asbestos or worked at certain indoor workshops during specific time periods. The successful applicants included employees, self-employed workers and owners of small and medium-sized businesses, who had contracted asbestos-related illnesses. While compensation amounts vary, the maximum payout is 13 million yen (~US$107,500). See: 「建設アスベスト給付金法」に基づく給付金を初めて支給 [First payment of benefits based on the Construction Asbestos Benefits Law].
Help for Asbestos Victims
Mar 21, 2022
An asbestos victims’ group – the Mesothelioma and Asbestos Diseases Patients and Family Association – organized an emergency asbestos hotline on March 18 to 20, to answer questions from potential claimants with asbestos injuries so that they might submit applications for benefits from a Japanese Government scheme due to close on March 27, 2022. The Association estimated that there were at least 20,000 eligible claims which have not yet been submitted. See: 石綿被害の電話相談、全国一斉で18～20日実施 27日請求期限 [Telephone consultation for asbestos damage, carried out nationwide from March 18 to 20; March 27 deadline for submission of claims].
Preventing Asbestos Exposures
Mar 16, 2022
In order to publicize the introduction of stricter regulations under the revision of the Air Pollution Control Law (April 2021), officials from Kosai City are mounting an outreach program to educate duty-holders about new measures required to prevent the dissemination of asbestos fibers during refurbishment and demolition work. Contractors are now obliged to submit results of preliminary surveys to the prefecture prior to the commencement of work. See: 建物解体時の石綿飛散防止 法改正で県が啓発活動 [Prefecture government raises awareness by amending the Asbestos Scattering Prevention Law when dismantling buildings].
Building Material Manufacturers Sued
Mar 7, 2022
Last week, 21 construction workers from Osaka with asbestos-related diseases or surviving families sued 12 manufacturers of toxic building materials; in the past, such claimants issued joint proceedings against manufacturers and the Government. With the Japanese Government having been forced by a Supreme Cout ruling (2021) to acknowledge responsibility for the asbestos injuries sustained by construction workers, litigants are now targeting the manufacturers. The plaintiffs are seeking a sum of 357 million yen (US$3.1m). See: 全国初“建材メーカーのみの責任を問う”裁判 アスベスト被害受けた元作業員らが提訴 [For the first time in Japan former workers with asbestos diseases file a lawsuit to “hold building material manufacturers to account”].
Urgent Calls to Extend Claim Deadline
Mar 7, 2022
Campaigners are calling for urgent action by the Japanese Government to reconsider plans to stick to a March 28, 2022 deadline for the submission of claims by people suffering from asbestos-related diseases as a result of non-occupational exposures such as residents who lived near the asbestos-processing Kanzaki factory. Others who benefited from the scheme were people unable to claim workers’ accident compensation due to the expiration of the statute of limitations. Under a law enacted in 2006, these claimants or surviving family members were eligible for government benefits under the scheme set up by the Asbestos Health Damage Relief Act. See: 「静かな時限爆弾」アスベスト 古い被害、再び閉ざされる救済 [“Silent time bomb” asbestos damage relief [scheme] to shut].
Mesothelioma Victims: Update
Mar 4, 2022
The Japanese NGO Mesothelioma Support Caravan is calling on the Government to extend the March 27, 2022 deadline for the submission of asbestos claims. A subcommittee tasked with considering asbestos compensation awards has not met for five years. In 2021, the Ministry of Environment refused to clarify when the next meeting would take place. Anecdotal evidence collected by the NGO suggests that more patients are being diagnosed with mesothelioma in their 40s and 50s; 40% of victims experience financial hardship. See: 「“中皮腫”が治る時代に」闘病生活を送るアスベスト被害者の訴え [Complaints of asbestos victims struggling to survive [economically] because of their illness in an era when mesothelioma “is treatable”].
Asbestos Victims’ Struggle
Feb 16, 2022
A survey of conditions endured by sufferers of asbestos-related diseases in Japan, carried out in 2019 and 2020 by the NGO Mesothelioma Support Caravan, revealed that many respondents were in financial distress: in 2019, 47% of people reported that their income had decreased by 2 million yen (US$17,300+) or more after their diagnosis even though they were in receipt of government benefits. Most of those affected are in their 50s and are paying for their children’s education. According to NGO Chairman Takao Umeda: “Patients and their families are in trouble. I want the Government to review the system as soon as possible so that it does not continue.” See: アスベストでの中皮腫患者 40％余が困窮 “国の支援策充実を” [More than 40% of patients with mesothelioma are in need].
Supreme Court Asbestos Victory!
Feb 15, 2022
A ruling by Japan’s Supreme Court on February 9, 2022 dismissed appeals of a verdict which had awarded 53 plaintiffs damages for asbestos-related injuries. The claimants, who were construction workers or surviving family members, had been awarded compensation of 125 million yen (US$1.1m) by the Fukuoka High Court against four companies which had manufactured asbestos-containing building products, with the Court ruling that the manufacturers had had a responsibility to warn the workers of the asbestos hazard but had failed to do so. See: メーカー４社の責任確定 建設石綿九州訴訟―最高裁 [Responsibility of 4 manufacturers confirmed by Supreme Court; asbestos proceedings for Kyushu plaintiffs].
Condolences over Death of Korean Activist
Feb 7, 2022
Members of the Japan Association of Asbestos Victims and Their Families, Ban Asbestos Japan and other groups in Japan last week published their condolences over the sad news about Korean ban asbestos activist Jeong Ji-yeol who died from asbestos cancer on January 28. Jeong had played a pivotal role not only in the campaign for the rights of Korean asbestos victims but also in campaigns to raise awareness of the asbestos hazard and its impact on workers and members of the public during trips to Japan, Hong Kong, Cambodia, Indonesia, Thailand, Bangladesh, Vietnam, and Nepal. See: 석면추방 앞장 정지열 대표 타계에 일본인들도 애도 [Japanese people mourn the death of Jeong Ji-yeol, a ban-asbestos leading figure].
Victory for Asbestos Victim
Jan 25, 2022
A lawsuit brought over the death in 2021 of a Japanese worker who had been employed for 30 years at a factory in Kitakyushu City manufacturing asbestos-cement roofing has been settled with the Government of Japan agreeing to accept liability and pay compensation of 11.5 million yen (US$101,000) to the deceased’s family. The claimants alleged that the worker had contracted lung cancer as a result of occupational exposures to asbestos which had resulted from the failure of the Government’s timely action to control the asbestos hazard. See: 北九州アスベスト訴訟 国が１１５０万円支払う和解成立 [Kitakyushu Asbestos Proceedings Settlement in which the country pays 11.5 million yen].
Asbestos Hotline
Jan 24, 2022
On January 19 and 20, 2022, a free telephone hotline was set up in Osaka, Japan by legal advisors to inform potential applicants about the process for submitting claims to a government compensation scheme for construction workers who contracted various diseases as a result of occupational exposures to asbestos. The benefits’ scheme is operated by the Ministry of Health, Labor and Welfare. See: 建設現場のアスベスト被害 電話相談 給付金受け付け開始で [Telephone consultation accompanies rollout of compensation [scheme] for those injured by asbestos at construction sites].
Commencement of Benefits Program
Jan 19, 2022
A government scheme to provide financial support to asbestos-injured construction workers in Japan which will avoid the necessity of them bringing legal action to obtain compensation becomes operational on January 19, 2022 as per stipulations in the Construction Asbestos Benefits Law which was adopted by the Diet on June 9, 2021. The Ministry of Health, Labor and Welfare has pledged to “make every possible effort to implement the benefit system based on this law,” including the distribution of information to potential applicants. See: 建設アスベスト給付金法が１月19日に施行されます [Construction Asbestos Benefits Act will come into effect on January 19].
Saga Court Settlement Update
Dec 24, 2021
On December 22, 2021, three asbestos cases brought against the Japanese government by bereaved family members were settled before trial proceedings commenced at the Saga District Court. The litigation related to toxic employment at a former asbestos product factory in Tosu City, on the island of Kyushu. These cases were the last of 123 similar claims listed for adjudication by judges at the Saga Court. See: 鳥栖アスベスト訴訟で新たに３人和解 佐賀地裁へ提訴の原告全員和解 [Three new settlements in Tosu asbestos proceedings. Reconciliation of all plaintiffs in Saga District Court].
Asbestos Data and Support for Victims
Dec 20, 2021
Following the release on December 15, 2021 by the Japan Ministry of Labor of asbestos disease data, civil society groups organized a telephone asbestos hot line on December 16 & 17 for people concerned about historic asbestos exposures at work or in the environment. According to government figures, 1,060 people with mesothelioma or asbestos-related lung cancer were eligible last year for benefits from the national scheme for occupational injuries and diseases. A Ministry official predicted that in years to come 1,000 people will be eligible for this asbestos disease compensation. See: Annual asbestos payouts likely for 1,000 people for years to come.
Victory for Kyushu Construction Workers
Dec 17, 2021
News of an agreement between the Japanese Government and 52 plaintiffs, most of whom were surviving family members of construction workers from the Kyushu region who had been affected by asbestos-related diseases, was announced at a Tokyo news conference on December 13, 2021. The central government, which after a ten-year legal battle apologized to the families, offered to pay each claimant about 10 million yen (US $88,900) depending on the severity of his health issues. A government fund to compensate construction workers injured by occupational asbestos exposures will become operational in June 2022. See: Court-mediated settlement on asbestos damage too late for many.
Experts Call for Benefits’ Review
Dec 14, 2021
An investigation undertaken by academics and medical experts into the benefits available in Japan for people with asbestos-related diseases has identified a “disparity in relief” between the amounts they receive and the amounts paid by the government to other claimants with occupationally-caused diseases. The recommendations made by the “Asbestos Damage Relief System Study Group,” which were announced on December 12 at a meeting in Tokyo, included an uplift in monthly payments and a national review of the ”entire national system to eliminate disparities and gaps." See: アスベスト被害救済で格差が 学者らが制度見直し提言 [Disparity in asbestos damage relief; expert proposals to improve system].
Construction Workers Families' Settlement
Nov 17, 2021
On November 10, 2021, Judge Takeshi Tachikawa in Japan’s Fukuoka District Court agreed a settlement with the Government over claims by twenty bereaved families of construction workers from Fukuoka, Kumamoto Prefecture. The cases – known collectively as the Kyushu Construction Asbestos Proceedings – were over the continued failure by the authorities to protect workers from occupational exposures to asbestos. This was the first settlement in Kyushu after the May 2021 Supreme Court ruling which had acknowledged the negligence of the Government and building material manufacturers. See: アスベスト訴訟、九州初の和解…元労働者遺族ら２０人と国 [Asbestos proceedings, Kyushu's first settlement ... 20 former workers' bereaved families and the country].
Support for Asbestos Victims
Nov 12, 2021
On Saturday, November 20, 2021 from 10:00 am to 4:00 pm a free, confidential emergency telephone hotline will be operational to take enquiries from Japanese people worried about asbestos exposures. The service is being offered by legal and medical experts in Nagoya City who will provide information about available benefits and treatment for the injured. See: アスベスト(石綿)による健康被害についての無料電話相談を実施 [Free telephone consultation on health hazards caused by asbestos].
Victory for Construction Workers
Nov 9, 2021
On November 4, 33 plaintiffs settled claims with the Japanese Government over outdoor occupational asbestos exposures at construction sites; the sum awarded was 435 million yen (US$3.8m). Prior to the settlement the lawsuit was scheduled to be heard by Judge Nohisa Honda at the Osaka District Court. Although the Government had agreed compensation terms for asbestos-injured construction workers previously, they had excluded from the settlement people who had worked outdoors. This development could be pivotal for future claims. See: 屋外作業員、国と初和解 建設アスベスト訴訟―大阪地裁 [Outdoor workers settle for the first time with the government in construction asbestos proceedings in Osaka District Court].
Online Rally Calls for Relief Reforms
Oct 15, 2021
An online rally, attended by eight members of the Diet, victims of asbestos-related diseases and relatives, was held on October 7, 2021 by a group representing asbestos cancer sufferers, to highlight the inadequacy of medical care and the paucity of treatment options for patients with mesothelioma, the signature cancer caused by exposure to asbestos. Discrepancies existing under the Asbestos Health Damage Relief Act which financially penalized sufferers were also examined. See: アスベスト被害者の救済制度 「抜本改正」求めオンライン集会 [Online rally for asbestos victim relief system “dramatic revision”].
Secondary Occupational Exposure Case
Oct 12, 2021
On October 6, 2021, a settlement was reached by lawyers representing the Japanese Government with the family of a woman who died from asbestos cancer. Although the deceased had not worked with asbestos herself, she had been employed from 1953-1954 and 1957-1960 in a factory in Amagaski City where the processing of asbestos had taken place. A payment of ¥14 million (US$125,200) compensation was made. See: アスベスト扱わない作業で死亡の女性…国が賠償金１４００万円の支払いで遺族と和解 [A woman who died from secondary occupational asbestos exposure... The government settled with the bereaved family by paying compensation of 14 million yen].
Asbestos Hotlines
Oct 7, 2021
From 10 a.m. until 3 p.m. on October 5 & 6, 2021, citizens concerned about workplace asbestos exposures in Japan, past and present, were able to access to a range of specialists in Sendai on an asbestos hotline set up by trade unions, medical institutions and legal professionals. Whilst the aim was to spread awareness of the rights of construction workers injured by occupational asbestos exposures, callers throughout Japan were also able to consult on issues relating to other diseases caused by toxic exposures at workplaces. See: 建設アスベスト被害 電話相談会 [Construction asbestos damage telephone counselling].
Record Number of Mesothelioma Deaths
Sep 23, 2021
Data revealed on September 10, 2021 by the Ministry of Health, Labor and Welfare documented a record number of deaths in 2020 from mesothelioma, the signature cancer associated with asbestos exposure. Fatalities were concentrated in the areas of Tokyo, Osaka, Yokohama, Sapporo, Nagoya and Amagasaki, with the number of deaths amongst males (1,337) nearly five times that of females (268). Epidemiologists predict that between 2000 and 2040, the Japanese mesothelioma epidemic could claim a further 103,000 lives. See: 昨年の中皮腫死1600人超で最多 ワースト3は東京・大阪・神奈川 アスベスト曝露と連動 [Last year's mesothelioma deaths exceeded 1,600, the worst 3 linked to Tokyo / Osaka / Kanagawa asbestos exposure].
Justice for Power Station Worker
Sep 21, 2021
On September 15, 2021, a victim’s judgment handed down last month by a district court in the Japanese city of Yokosuka was finalized when neither party lodged a motion to appeal. The plaintiff Haruo Koyama had been awarded ¥22 million (US$201,000) by the court for having been negligently exposed to asbestos over a period of 40 years by his employer at the Hitachi Power Station. As a result of that exposure, Koyama contracted the asbestos cancer mesothelioma. See: アスベストで中皮腫発症 会社に２０００万円支払いの地裁判決が確定 [Mesothelioma caused by asbestos. A district court decision for company to pay 20 million yen is confirmed].
Widespread Flouting of Asbestos Regs
Sep 15, 2021
For the first time since the Air Pollution Control Act was revised in April 2021, the results of spot checks – in June 2021 at 227 demolition and renovation sites – by the authorities in Osaka Prefecture were announced. Forty percent of the premises inspected were not complying with regulations that mandated obligations to prepare and display asbestos site audits prior to the commencement of work and prevent the liberation of asbestos fibers into the air. See: アスベスト規制違反 法改正後も約4割 大阪府内のパトロールで発覚 [Violation of asbestos regulations Approximately 40% noncompliance was discovered by patrol in Osaka Prefecture after revision of law].
Compensation for Power Plant Worker
Sep 3, 2021
On August 30, 2021, the district court of Yokosuka, Japan issued a victim’s verdict when it ordered the owners of the Hitachi Taura Plant (now renamed Hitachi Power Solutions) to pay Haruo Koyama ¥ 22 million (US$199,000) for occupational exposures to asbestos which resulted in him contracting the asbestos cancer mesothelioma. Mr. Koyama had worked as a welder at the plant from September 1961 until March 1999. Welcoming the resolution of the case, Mr. Koyama urged the company to institute a compensation scheme for asbestos victims without the need for legal proceedings. See: アスベスト訴訟、元従業員勝訴 会社に2200万円支払い命令 [Asbestos proceedings, company ordered to pay ex-employee 22 million yen].
Grassroots Support for Victims
Aug 20, 2021
From 10 a.m. until 6 p.m. on August 21 and 22, 2021, a national telephone hotline service will be operational at the toll-free number 0120/349/931 to provide information to people who were occupationally or environmentally exposed to asbestos in Japan. The service is being administered by the Asbestos Victim Relief Fund NGO from Kobe, the Pneumoconiosis and Asbestos Victims Relief Fund from Kanagawa Prefecture and partnering organizations. Information on workers' accident compensation, the intricacies of the benefit system, health measures and other relevant matters will be available. See: 石綿健康被害ホットライン開設 2１、２２日全国一斉実施 [Asbestos health damage hotline opened 21st and 22nd nationwide].
Asbestos Products’ Companies Denounced
Aug 13, 2021
Japanese construction workers and bereaved family members expressed growing frustration by the failures of building materials manufacturers, who were found guilty of using asbestos in their products, to negotiate and support a national compensation scheme as ordered by the Supreme Court in May 2021 following years of litigation in multiple jurisdictions. Speaking at a public rally in Tokyo on June 16, asbestos cancer widow Ryoko Akechi deplored the intransigence of the building material companies calling them the “the number one perpetrator” of the asbestos epidemic. See: 建設石綿の被害者ら、依然動かぬメーカーにいらだち募る [Construction Asbestos Victims Grow Frustrated with Manufacturers Who Fail to Act].
Victory for Hokkaido Plaintiffs!
Aug 10, 2021
On August 5, 2021 a settlement was reached in a lawsuit brought by asbestos-injured construction workers and bereaved relatives from Hokkaido against the Japanese State and building material manufacturers. Litigation proceedings began in April 2011 at the Sapporo District Court; in 2017, the Government’s negligence was acknowledged but not that of the manufacturers. An appeal was lodged. This month a settlement was reached following the landmark Supreme Court ruling in May 2021 which had supported the rights of the asbestos-injured. See: 国と初の集団和解成立 北海道建設アスベスト訴訟 札幌高裁 [First Class Settlement Reached with the State in Hokkaido Construction Asbestos Lawsuit, Sapporo High Court].
Asbestos Support: Update
Aug 10, 2021
On August 6, 2021, it was reported that Akashi City had set up an advice center – the Asbestos General Counselling Service – for people who had contracted asbestos-related diseases in Japan. The center has seven members of staff and lawyers and provides “a one-stop consultation service” for the injured and their family members. It is open from 9 a.m. till 5 p.m. every weekday and can be accessed by calling: 078-918-5002. See: 明石市がアスベストの健康被害の相談にあたる総合窓口開設 [Akashi City opens a general contact point for consultation on asbestos health hazards].
Government Settles Asbestos Claim
Jul 29, 2021
The case brought by the wife and two sons of a plasterer from Shizuoka City, Japan who died in 2004 aged 56 of asbestos-related lung cancer was settled on July 26, 2021 in the Tokyo High Court. The Government agreed to pay compensation of more than 16.56 million yen (US$150,000) for having failed to protect construction workers from the asbestos hazard. This is the second settlement reached since the landmark Supreme Court verdict (May 2021) recognizing the responsibility of the Government and building material manufacturers for asbestos disease in construction workers. See: 静岡石綿訴訟で和解成立 肺がんで死亡・左官業男性の遺族が国訴えた裁判 [Settlement in Shizuoka asbestos trial for bereaved family of a plasterer who died of lung cancer].
Local Government’s New Victims’ Scheme
Jul 14, 2021
On July 12, 2021, Akashi City announced the launch of a consultation service for asbestos victims amid concerns about the repercussions of toxic exposures during the Great Hanshin-Awaji Earthquake and the subsequent clean-up operations. The local government’s initiative will offer occupational and environmental victims a one-stop consultation service to facilitate their access to medical, social and legal services. See: 明石市がアスベスト相談窓口を開設 石綿の健康被害者を支援 [Akashi City Opens Asbestos Consultation Service Supporting Asbestos Victims].
Legal Victory in Osaka
Jul 10, 2021
On July 8, 2021, the Osaka High Court issued a victim’s verdict in a case brought by the family of a 70-year old construction worker Mr. Iwao Kawahara who died from the cancer mesothelioma as a result of occupational asbestos exposures. The government agreed to pay his widow Chizuruko Kawahara the sum of ¥13.36 million (US$ 121,600). Commenting on the outcome of the case, Mrs. Kawahara said: “It was a long trial, but I am relieved that a settlement has been reached.” See: 建設石綿訴訟、作業員側と国が和解 最高裁判決後で初 [Construction asbestos proceedings, workers and country settled for the first time after Supreme Court decision].
Government Asbestos Disease Data
Jun 28, 2021
Data released by the Japanese Ministry of Health, Labor and Welfare for 2020 revealed that the government had recognized as occupational injuries 1,059 cases of construction workers injured through asbestos exposures. In 2022, a government scheme to pay compensation to asbestos-injured construction workers and bereaved families will become operational. The Ministry of Health, Labor and Welfare has set up a telephone consultation service to provide information: the phone number is 0570-006031. See: アスベスト吸い込み肺がんなど 昨年度の労災認定1059人 厚労省 [Asbestos inhalation Lung cancer, etc. Last year's occupational accident certification for 1059 people].
Rally for Asbestos Victims
Jun 18, 2021
On June 16, 2021 at Tokyo’s Hibiya Open Air Theater, a rally was held by trade unionists and asbestos victims’ campaigners. Because of Covid restrictions, only 800 people were allowed to attend; these rallies generally attract thousands of attendees. Speakers at the event included representatives from all Japan’s political parties as well as from Zenkensoren – the National Federation of Construction Workers’ Unions) and Ban Asbestos Japan. Speakers addressed strategies for achieving justice for construction workers and ensuring that all asbestos-injured would benefit from a new government scheme. See: 建設アスベスト訴訟 全国総決起集会 日比谷野外音楽堂 National general rally at Hibiya Open Air Concert Hall on behalf of asbestos-injured construction workers].
Asbestos Scheme for Construction Workers
Jun 10, 2021
The Japanese Government announced that a law had been passed at a plenary session of the upper house of the National Diet on June 9, 2021 under which a scheme to compensate asbestos-injured construction workers would be established without the need for victims or their families to take legal action. The government will pay between 5 and 13 million yen (~US$45,660-119,000) per victim and the scheme is due to become operational in 2022. Although self-employed workers are eligible for compensation under this scheme, construction workers who worked outdoors will not be able to bring a claim. See: 建設アスベスト給付金法が成立…１人あたり最大１３００万円補償 [Construction asbestos benefit law passed ... Up to 13 million yen compensation per person].
Dying for Justice in Japan
Jun 7, 2021
A commentary in the June 5, 2021 issue of the Japan Times reflected on the implications of the May 2021 Supreme Court (SC) judgment which confirmed the negligence of the Japanese Government and building materials manufacturers for, respectively, failing to address the asbestos hazard in a timely fashion and for failing to put warning labels on asbestos-containing products. Due to the tortuous legal process required to obtain this decision, 70% of the plaintiffs who brought the lawsuit had died of their asbestos injuries before the SC had ruled. The author condemned the mindset of government officials which was one of continued denial and obfuscation. See: The damage done by a lengthy appeals process.
Government Acts on Asbestos Inequity!
Jun 4, 2021
On June 3, 2021, a bill to provide compensation to Japanese construction workers was passed in the House of Representatives. The legislation has been sent to the House of Councillors. It is expected that the new law will be enacted on June 11, 2021 and a national asbestos compensation scheme for construction workers will become operational on April 1, 2022. Under the terms of the draft bill, some asbestos-injured construction workers and bereaved relatives will be able to access up to ¥ 13 million (US$118,100) from the government-funded scheme. Workers who were employed in the open air at construction sites will not be eligible. See: 建設アスベスト集団訴訟 救済法案が衆院で可決 [Construction workers asbestos relief bill passed by House of Representatives].
Supreme Court Asbestos Ruling
Jun 2, 2021
Legal developments in Japan last month were reviewed in the article cited below. The author explained the background to a unified Supreme Court claimants’ verdict for asbestos-injured construction workers from Kanagawa, Tokyo, Kyoto, and Osaka, 70% of whom had died during the 13 years that the litigation had been proceeding through the courts. The Japanese Government and manufacturers of asbestos-containing building products were held liable for failing to prevent toxic exposures. Claims brought by workers who had been employed out of doors were rejected. See: 建設アスベスト集団訴訟、最高裁で原告勝訴も屋外労働は救済対象外 [Construction asbestos class proceedings, plaintiffs win in Supreme Court, but outdoor labor is not covered by relief].
Act Now, Defendants Told
Jun 2, 2021
An editorial in The Asahi Shimbun, one of the four largest newspapers in Japan, called for a fully-funded compensation scheme for those who had been injured by workplace asbestos exposures in the construction industry in the aftermath of a landmark Supreme Court ruling against the Government and private corporations on May 17, 2021. Highlighting the ongoing failures of manufacturers to agree the terms of their contribution to the scheme, the editorial urged the defendants to cooperate in the process of allocating financial responsibility for the injuries sustained by the plaintiffs. See: EDITORIAL: Government must act quickly to compensate all asbestos victims.
Trade Union Rally
Jun 1, 2021
Trade unionists from the Zenkyotokenchiku Labor Union and other labor groups took to the streets in Kyoto, Japan to show support for all construction workers injured by occupational asbestos exposures, including “outside workers” excluded from recent landmark court rulings upholding the responsibility of the Government and building materials manufacturers for deadly asbestos exposures. Spokesperson Yukio Hirayama, called for the establishment of a fund, financed by the government and the manufacturers, to compensate all asbestos-injured construction workers. See: すべての被害者救済へ運動強める 建設アスベスト訴訟最高裁判決受け、京建労が街頭訴え [Kyoto protest against aspects of supreme court ruling in asbestos case].
Asbestos Litigation: Update
May 26, 2021
Reviewing developments in Japan which saw the Supreme Court on May 17 recognize the rights of asbestos-injured construction workers to be compensated by the Government and the manufacturers of asbestos-containing building materials and the Prime Minister apologize to the claimants for the Government’s negligence, the author of the article cited below called for an immediate recognition of the rights of asbestos-injured construction workers excluded from the new scheme and for the manufacturers of the toxic products to be obligated to contribute to the national compensation fund. See: 建設石綿の被害 一人も取り残さぬ救済制度を.[Construction asbestos damages. A relief system that leaves no one behind].
Japan’s Asbestos Legacy
May 25, 2021
An article which considered the seismic legal developments in May 2021 that overturned years’ of neglect of Japan’s asbestos victims reviewed data regarding national asbestos consumption and the incidence of asbestos-related disease and mortality over recent decades. The author estimated that to date, 10,000 people had been injured by occupational exposures to asbestos at construction sites, and that the final number of those affected could be in the tens of thousands. See: アスベスト被害訴訟（1）最高裁が判決で国の責任認める、補償制度新設へ [Asbestos Victim Proceedings (1) Supreme Court Recognizes National Responsibility in Judgment, To Establish Compensation System].
Legal Support for AsbestosVictims
May 24, 2021
One of the legal teams – “the Osaka Defense Team” –which represented plaintiffs whose claims for asbestos exposures against the Japanese Government and building material manufacturers were recognized on May 17, 2021 by the Supreme Court, held telephone consultation sessions last week to provide information to potential litigants from Osaka and elsewhere concerned about historic occupational asbestos exposures. Information was provided by the lawyers on the subject of the asbestos health hazard and compensation procedures. See: アスベストによる健康被害 無料の電話相談 [Health damage caused by asbestos. Free telephone consultation].
Update: Asbestos Claims Settlement
May 21, 2021
Following the massive coverage of a May 17, 2021 Supreme Court ruling in Japan supporting claims by asbestos-injured construction workers against the Government and building materials manufacturers, more details are emerging. Although the judgment by Presiding Justice Takuya Miyama found that the state’s liability dated from 1975 and included damage sustained by freelance and self-employed workers, claims from construction industry workers who had worked outside – such as roofers – were rejected. A bill to establish a relief system for an estimated 10,000 victims nationwide will be submitted by the Government during the current Diet session. See: Asbestos victims win relief funds after decade-long court battle.
Supreme Court Backs Asbestos Victims
May 18, 2021
On May 17, 2021, Japan’s Supreme Court issued a plaintiff’s verdict in its first unified asbestos judgment. The ruling found for the claimants in class action lawsuits brought by asbestos-injured construction workers or family members at district courts in in Tokyo, Yokohama, Osaka and Kyoto. The Supreme Court confirmed that the Government of Japan had been negligent in delaying action on the asbestos hazard and that manufacturers of building products were also liable for damage done by occupational exposure to their asbestos-containing products. On May 18, 2021, Prime Minister Yoshihide Suga planned to meet the plaintiffs to issue an apology on behalf of the Government for their injuries. See: Japan's top court holds state liable for asbestos diseases in workers.
Supreme Court Asbestos Ruling
May 17, 2021
On May 17, 2021, the Japan Supreme Court will issue its ruling explaining the verdict handed down previously which had found the Japanese Government negligent for asbestos injuries sustained by construction workers. This is the first such ruling by the Supreme Court over the asbestos health hazard posed by the use of toxic construction material; the contents of the ruling could affect the level of compensation awards to plaintiffs. Since 2006, when asbestos use in building materials was banned in Japan, 1,200 workers and bereaved families have filed 33 lawsuits for asbestos damages. See: 建設石綿被害、賠償認める理由は? 最高裁が17日判決 [What is the reason for accepting compensation for construction asbestos damage? Supreme Court ruling on the 17th].
Support for Construction Workers Lawsuit
Apr 29, 2021
A rally was organized in Kasuya Town, Fukuoka Prefecture on April 25, 2021 by Japanese unions, to express solidarity with claimants in litigation brought by construction workers over occupational asbestos exposures. Speakers who addressed the gathering included politicians from the ruling and opposition parties as well as Toshimichi Ishimoto, General Manager of the Construction Workers Struggle Campaign, who was optimistic about the outcome in light of the recent Supreme Court verdict favoring asbestos-injured construction workers. See: 全ての被害者救済を 建設アスベスト 九州訴訟で総決起集会 [Rally to Save All Victims of Construction Asbestos in Kyushu].
Appeal of Victim’s Verdict
Apr 14, 2021
On April 9, it was announced that a decision by the Osaka High Court – acknowledging the 2013 asbestos cancer (mesothelioma) death of Kazunori Shimatani had been caused by asbestos exposure during clean-up operations after the Great Hanshin-Awaji Earthquake – was being appealed by the Local Government Employees Accident Compensation Fund. Commenting on this development, a family member said: “I am angry that the agency for the relief of the victims did not take the court's decision seriously…” See: 震災がれき回収でアスベスト被害 基金が判決不服として控訴 [Asbestos damage fund appeals against judgment due to earthquake debris collection].
Legal Victory for Bereaved Family
Mar 30, 2021
On March 26, 2021, Judge Kaoru Izumi of the Kobe District Court recognized as occupationally-caused the 2013 death from mesothelioma – the signature asbestos cancer – of municipal worker Kazunori Shimatani, a resident of Akashi City, Hyogo Prefecture, who had been involved in the clean-up effort after the 1995 Great Hanshin-Awaji earthquake. As a result of this verdict, compensation will be paid to Shimatani’s family under the local government employee accident compensation fund. See: 死亡した市職員の労災認める 震災処理でアスベスト扱う [Recognition of occupational death of municipal employee caused by asbestos exposure during post-earthquake clean-up].
Supporting Injured Construction Workers
Mar 26, 2021
A symposium was held in Tokyo on March 23, 2021 to consider options for establishing a national compensation fund for construction workers injured by asbestos exposures, following a Supreme Court ruling which found the Government and building material manufacturers liable for having failed to take steps to protect workers from asbestos. The administrative scheme, funded by the government and manufacturers, would be intended to provide timely relief for the injured without recourse to protracted litigation. See: 建設アスベスト被害 政治責任で救済早く補償基金創設へシンポ [Construction asbestos damage political responsibility. Symposium to establish compensation fund].
Government Apologies!
Mar 24, 2021
On March 21, 2021, representatives of the Japanese government – Minister of Health, Labor and Welfare Norihisa Tamura and Deputy Minister Takaaki Kobayashi – apologized to construction workers in Kansai and Osaka for the government’s failures to control the asbestos hazard. As a result of the Government’s inertia, the workers were occupationally exposed to asbestos and contracted debilitating and deadly diseases. A recent ruling by the Supreme Court found the Government guilty of negligence and awarded compensation to thousands of construction workers for their asbestos injuries. See: 田村厚労相が原告に謝罪 [Minister of Health, Labor and Welfare Tamura apologizes to plaintiffs].
Regulatory Confusion over Asbestos Waste
Mar 18, 2021
In an attempt to increase protection from occupational asbestos exposures in Japan, a new law – the revised Air Pollution Control Act (Great Defense Act) – will come into effect on April 1, 2021. Critics say that far from strengthening the regulatory regime, the new law will lead to confusion and non-compliance with laws related to asbestos waste. Regulations concerning two types of asbestos waste – “waste asbestos, etc.” and “asbestos-containing waste” – vary in their specifications for management and disposal protocols. See: 大防法改正でアスベストの廃棄物規制「緩和」へ 国のずさん対応が現場の上乗せ安全対策つぶす可能性 [Asbestos waste regulation “relaxation” due to amendment of the Great Defense Law].
Construction Workers Outreach Program
Mar 9, 2021
On March 6, 2021, there was a free phone consultation service for Japanese construction workers who had been occupationally exposed to asbestos. The service was offered by legal advisors in the aftermath of a recent Supreme Court decision denouncing the Japanese Government’s culpability for failing to act on the asbestos hazard in a timely manner. Commenting on this outreach initiative, lawyer Toshihiko Tsukuda explained that many construction workers who got sick did not understand that their condition might have been caused by workplace exposures to asbestos materials. See: 建設現場でのアスベスト健康被害 無料の電話相談 [Free telephone consultation for asbestos health hazards at construction sites].
Construction Workers’ Victory
Feb 25, 2021
On February 22, 2021, Judge Takuya Fukayama of the Japanese Supreme Court dismissed most of the appeals by the government and building material manufacturers against a 2018 Osaka High Court plaintiffs’ verdict which awarded compensation to construction workers from the Kansai region who had contracted asbestos-related diseases as a result of failures by the defendants to safeguard occupational health. On February 25, the Court held hearings on claims by Tokyo construction workers; in March and April hearings will be held for Kyoto and Osaka workers, respectively. See: 建設アスベスト大阪訴訟 国とメーカーの賠償責任確定 最高裁 [Construction Asbestos Proceedings, National and Manufacturer Liability Confirmation in Supreme Court].
Relief for Construction Workers
Feb 23, 2021
In the aftermath of several court decisions, including two by the Supreme Court, the Japanese Government has announced plans to set up a compensation scheme for construction workers with asbestos-related illnesses to enable them to obtain vital support without recourse to protracted legal proceedings. The details of the fund were discussed at a meeting on February 18th which was organized by officials from The Ministry of Health, Labor and Welfare. Claimants are lobbying for the establishment of a system funded by contributions from the government and building material manufacturers. See: 建設アスベスト 被害者救済へ 厚労省が補償制度の創設検討着手 [Ministry of Health, Labor and Welfare to consider a compensation system for victims of construction asbestos].
Update: Asbestos Data in Hyogo Prefecture
Feb 15, 2021
According to the latest data released by the Japanese Ministry of Health, Labor and Welfare, in 2020 Hyogo Prefecture had the fifth largest cohort of people in the country whose diseases were recognized as having been contracted as a result of workplace exposures to asbestos. Per the Ministry’s new figures, 1,145 cases of asbestos-related cancer were recognized in Japan last year; the number for Hyogo Prefecture was 73. Nationwide, 992 workplaces were named at which the injured had been employed, of which 58 were in Hyogo Prefecture. See: アスベスト昨年度７３人労災認定 [Asbestos: last year 73 workers certified].
Justice for Asbestos Victims
Feb 15, 2021
In the wake of yet another Supreme Court ruling supporting claims by asbestos-injured construction workers, a Japanese editorial has endorsed calls for “the government and manufacturers [to] set up a fund to create a system to compensate victims” which would be proportionately funded by the companies according to their market share of asbestos-containing building materials. Although Japan’s Health minister Norihisa Tamura recently indicated that the government was willing to embark upon discussions regarding this issue, “no concrete actions have been taken.” See: Editorial: Japan must secure financial help for asbestos victims without delay.
Asbestos Death: Government Compensation
Feb 12, 2021
On February 10, 2021 Yoshiho Asano, the son of the late Miyoko Asano – a temporary worker in the 1960s at the Hashima building materials factory owned by the Nichias Corporation – has received a settlement of 14.3 million yen (US$136,600) from the Government of Japan as a result of a lawsuit begun in 2019 and progressed at the Gifu District Court. Miyoko Asana died from asbestosis, having been exposed to asbestos at the factory during the six months he worked there. See: 「ニチアス」羽島工場アスベスト 元従業員の遺族と国、和解成立 [“NICHIAS” Hashima Factory Asbestos Bereaved family and country of former employee, reconciliation concluded].
Minister’s Apology
Feb 8, 2021
On February 2, 2021, Japan’s Minister of Health, Labor and Welfare Norihisa Tamura apologized at a press conference after a January 28, 2021 Supreme Court verdict supported asbestos injury claims against the Government brought by lawyers working for former construction workers from Kyoto Prefecture. Although the Minister said that he felt “responsible” and deeply apologized, he did not mention any future measures that might be implemented to support victims of asbestos-related diseases. See: 建設アスベスト訴訟. 国の敗訴確定2例目で田村厚労大臣謝罪だけ [Construction asbestos proceedings: Only an apology from Minister of Health, Labor and Welfare Tamura as second government defeat confirmed].
Sale of Illegal Consumer Goods
Feb 3, 2021
The discovery of asbestos in bath mats and other household goods widely distributed in Japan was, according to a new article, just the tip of the iceberg. Consumers in Japan are concerned about the possibility of buying toxic products despite the fact that the country has prohibited all uses of asbestos. Over the last few years, Cainz – a popular hardware chain of stores – and furniture maker Nitori have both recalled products believed to have contained asbestos. Asbestos-contaminated goods were also distributed via dollar stores and other outlets around Japan. See: Asbestos-laced products continue to haunt consumers in Japan.
Supreme Court Upholds Workers’ Verdict
Feb 1, 2021
On January 28, 2021, Japan’s Supreme Court upheld a ruling by the Osaka High Court which had found the government and manufacturers of construction materials responsible for asbestos-related diseases contracted by former construction workers from the western prefecture of Kyoto. This is the first time that the Supreme Court has recognized the responsibility of construction materials manufacturers for asbestos-related injuries sustained by a a large group claimants. The defendants were ordered to pay compensation of 280 million yen (~US$ 2.7m) to 24 former workers. This ruling is widely regarded as a precedent which will benefit many injured workers. See: Court Holds Japan Govt, Firms Responsible for Asbestos Problems
Asbestos Recall of Toxic Items
Jan 11, 2021
Over three million items sold by the Japanese Nitori company have been recalled from sale due to asbestos contamination of between 0.2 and 1.5%. Amongst the toxic products sold by Nitori between December 4, 2016 and December 16, 2020 were bath mats, containing up to 15 times the allowable concentration of asbestos, and coasters manufactured by the Japanese company Horiki Kosakusho. On December 28, 2020 a spokesperson for the Chemical Substances Control Division of the Ministry of Health, Labor and Welfare, confirmed that asbestos had been detected in 18 types of Nitori products. See: ＜速報＞ニトリ販売のバスマットから基準15倍のアスベスト検出 [Breaking news: Asbestos detection of 15 times the standard from bath mats sold by Nitori].
Government Apology!
Dec 30, 2020
On December 23, 2020, Japan’s Minister of Health, Labor and Welfare Norihisa Tamura met with plaintiffs in a landmark Supreme Court class action mounted by asbestos-injured construction workers to apologize to them on behalf of the Japanese Government. The Minister said: “We take the judgment seriously and will take appropriate measures.” He promised to facilitate a forum to consider how best to support victims who had been injured as a result of the Government’s failures; injured workers had called for a national fund so that victims would not have to endure protracted legal battles to obtain compensation. See: アスベスト裁判 原告らに謝罪 協議の場設ける考え示す 厚労相 [Asbestos Trial, Apology to plaintiffs by Minister of Health, Labor and Welfare].
Asbestos Product Recall
Dec 29, 2020
On December 22, 2020, it was announced that Nitori, a Japanese home furnishing chain of stores, had recalled over 2 million items which could contain asbestos fibers. The nine affected products, which had been made in China, were bath mats and coasters. Asbestos use has been banned in Japan for a number of years and the sale of these products was illegal. It is not yet clear if the contamination was caused by intentional inclusion of fibers in the products. Customers who purchased the products were advised to return them to a Nitori store for a full refund, with or without the receipt. See: Japanese home furnishing chain issues massive recall for asbestos-heavy bath mats and coasters.
Government Apology for Asbestos Crimes
Dec 21, 2020
Norihisa Tamura, Japan’s Minister of Health, Labor and Welfare, held a press conference after a Cabinet meeting on December 18th during which a recent decision by the Supreme Court was discussed. The Court had issued a ruling on behalf of asbestos-exposed construction workers which recognized the responsibility of the Government for neglecting to prevent toxic exposures at work. The Minister apologized, saying: “I feel responsible and deeply apologize to the plaintiffs.” This week he will meet representatives of the claimants to apologize to them in person. See: 建設石綿訴訟で厚労相謝罪 国責任の司法判断確定 [Minister of Health, Labor and Welfare apologizes for construction asbestos proceedings].
Supreme Court Verdict!
Dec 18, 2020
On December 14, 2020, Japan’s Supreme Court issued a plaintiffs’ verdict – which dismissed an appeal brought by the Government; the Court ordered the Japanese Government to pay compensation of US$22 million to 350 asbestos-injured construction workers – or surviving family members – from Tokyo, Saitama and elsewhere, as per a 2018 order by the Tokyo High Court. The ruling, which acknowledged the Government’s responsibility for the illnesses of both employed and self-employed workers, was the first to hold the Government responsible for asbestos injuries to construction workers. The Court found that the Government had not acted in a timely manner to prevent toxic asbestos exposures. See: Court finalizes state payment to asbestos victims.
Lawsuit for Construction Workers
Dec 15, 2020
On December 3, 2020, the first arguments were held in the Sendai District Court in a legal action on behalf of ten former workers or their bereaved family members regarding asbestos-related deaths caused by occupational exposures at construction sites in Japan. The claimants are seeking total damages of 269.5 million yen ($US 2.6m) from the Japanese government and 12 manufacturers of building materials. See: 国、建材メーカー争う姿勢 東北アスベスト訴訟初弁論 [National government and building material manufacturers contest asbestos claims, first arguments].
Supporting the Asbestos-Exposed
Dec 7, 2020
An asbestos outreach phone clinic was held in the Japanese city of Nagoya on December 5, 2020 for people who had worked at asbestos factories or in the construction industry and members of their families. On hand to answer questions were legal and medical professionals. The Japanese Government was relatively slow in restricting and banning the use of asbestos compared to other industrialized countries, having prohibited the use of amosite (brown) and crocidolite (blue) asbestos as recently as 1995 and achieving a total ban on all asbestos by 2012. See: アスベスト被害の無料電話相談会 ５日、東海弁護団 [Free telephone counseling for asbestos damage, December 5, 2020].
Toxic Give-Aways by Local Council
Nov 30, 2020
On November 27, 2020, Japan’s Ministry of Health, Labor and Welfare announced that gifts distributed by Kaizuka City, Osaka Prefecture to taxpayers was contaminated with asbestos. The bath mats and coasters were made from diatomaceous earth – a naturally occurring, soft, siliceous sedimentary rock that is crumbled into a fine white to off-white powder. The products were marketed under the brand name “Caraco” and were made by the Horiki Kosakusho company in Kaizuka City; they were found to contain up to 0.61% asbestos. See: 返礼品にアスベスト含有、製造元が回収 大阪・貝塚市ふるさと納税 [Asbestos containing goods, distributed by Kaizuka City in return for local tax payment to be collected by the manufacturer].
Asbestos Mortality: Documentation
Nov 10, 2020
A group representing Japanese patients with asbestos-related diseases has welcomed moves by Japan’s Ministry of Health, Labor and Welfare (MHLW) to mandate the long-term retention of death certificates for asbestos-caused deaths; in Tokyo, Yokohama, Chiba, Mito, Maebashi, Nagano, Kanazawa, Hiroshima and Tokushima and elsewhere these documents are routinely destroyed five years after the deaths occurred. Acting upon the MHLW’s request, the Ministry of Justice required 50 Legal Affairs Bureaus to retain these death certificates for 27 years. See: アスベスト労災の死亡診断書、法務省が27年間保存要請 患者団体「大きな進展」 [Death certificate for asbestos work accidents, Ministry of Justice requests preservation for 27 years Patient group “Major progress”].
National Asbestos Death Toll
Nov 4, 2020
A Japanese language article highlighted findings published by the Global Burden of Disease report which suggested that asbestos mortality in Japan (20,267), was the 3rd highest in the world, after the US (40,000) and China (26,000) in 2019. According to campaigner Sugio Furuya: “the actual scope of asbestos harm in Japan is unknown. This estimate reiterates that the current compensation and relief cannot save the victims.” Japan used asbestos long after other industrialized countries had banned it; prohibition of use started in 1995 with bans on amosite and crocidolite and was completed with a ban on all types in 2012. See: 日本の19年石綿関連死者数、推計2万人超 研究機関調査 [Japan's 19-year asbestos-related deaths, estimated to exceed 20,000 in Research institute survey].
Asbestos in Castle
Oct 28, 2020
On October 27, 2020 it was announced that sprayed asbestos material had been discovered in September on the indoor staircase of Okayama Castle, a 16th century structure in Okayama City on the west of Honshū Island. The city-owned building, which is now a museum, will remain open for the time being as no airborne fibers had been detected. Remediation work is scheduled to be undertaken in 2021, during which time the asbestos-containing paint identified in the castle’s tower will be removed. See: 岡山城にアスベスト 来年度の改修工事で撤去へ [Asbestos in Okayama Castle to be removed in next year's renovation work].
Asbestos Appeal at Supreme Court
Oct 26, 2020
On the afternoon of October 22, 2020, the first hearing took place before Judge Takuya Fukayama at the Japanese Supreme Court in an appeal by 80 asbestos-injured construction workers and surviving family members from Kanagawa Prefecture. The plaintiffs, who are seeking damages from the Japanese government and manufacturers of building materials, argued that from at least 1975 there was knowledge of the harmful effects of asbestos exposures and measures should have been implemented to protect workers. See: 建設アスベスト訴訟、最高裁で弁論 同種上告審で初 [Construction asbestos proceedings, argument at the Supreme Court for the first time in a similar appeal!].
Japan’s Mesothelioma Epidemic
Oct 16, 2020
According to Japan’s Ministry of Health, Labor and Welfare there have been 26,608 deaths since 1995 from the signature asbestos cancer, mesothelioma and the number of deaths “is expected to increase in the future,” due to the country’s widespread and heavy use of asbestos throughout the 20th century. A comparison between asbestos consumption data, asbestos regulations and incidences of disease from Japan and the UK supported the prediction that mesothelioma mortality in Japan will continue to increase for some years to come. See: アスベストの脅威続く 中皮腫死すでに2万6608人 被害予測は10万人超 [Asbestos threat continues, mesothelioma deaths already 26,608, damage forecast exceeds 100,000 people].
Another Mesothelioma Death in Japan
Oct 14, 2020
The mesothelioma death was reported on October 12, 2020 of 51-year old Eri Matsui, a Japanese mother of two who was exposed as a child to asbestos liberated by a water pipe factory near her home in Saitama City. Ms. Matsui endured a protracted battle for recognition and compensation against those she considered responsible for her disease and became a leading campaigner in the fight to raise awareness of the asbestos hazard. A documentary film entitled “Playing with the glowing sand as a child” about Japan’s toxic asbestos legacy in which she had a feature role was released a mere eight days before she died. See: アスベスト被害者 松井絵里さん逝去 [Asbestos victim Eri Matsui passes away].
Asbestos Rally in Tokyo
Oct 12, 2020
On October 8, 2020 campaigners supporting the legal rights of construction workers to be compensated for asbestos-related diseases held an outdoor rally at the Hibiya Open Air Concert Hall in Tokyo, to highlight their demand in anticipation of an expected ruling by the Supreme Court. The demonstrators were calling for relief for all the victims and the establishment of a compensation fund. Mitsuo Yoshida, Chair of the trade union Zenken Soren, told the meeting that: “The responsibility of the government and building material manufacturers is clear. We should try to resolve them [these cases] during the lifetime of the plaintiffs.” See: 建設石綿訴訟全面解決を [Complete resolution of construction asbestos proceedings].
Mesothelioma Mortality: New Data
Oct 5, 2020
Japan’s Ministry of Health, Labor and Welfare expects the annual number of mesothelioma deaths to increase although figures just released showed a slight decline. There were 1,466 mesothelioma deaths in 2019 compared to 1,512 in 2018, with the highest incidence of mortality in Osaka (148), Tokyo (123) and Hyogo (107). Since 1995, there has been a total of 26,608 mesothelioma deaths in Japan. The Japanese government recognizes that most people who contract mesothelioma were exposed to asbestos. See: 昨年の中皮腫死1466人 ワースト3は大阪・東京・兵庫 推定原因はほぼアスベスト [Mesothelioma deaths in 2019 were 1466; worst affected areas were: Osaka, Tokyo, Hyogo. Probable cause of these deaths was almost certainly exposure to asbestos].
Appeal by Asbestos Defendants
Sep 24, 2020
A decision handed down by the Tokyo District Court on September 4, 2020, against the Japanese Government and asbestos manufacturers, awarding compensation of 1.3 bn yen (US$12.2m) to 121 former workers who had contracted asbestos-related diseases has been appealed by three companies including the Nichias Corporation, a defendant in many Japanese asbestos lawsuits. In the Tokyo verdict, Judge Maezawa had been categorical about the guilt of the defendants: “Since 1975 at the latest, when dealing with asbestos, it has been obligatory to use warning signs and dust masks.” See: ニチアスら２社が控訴 石綿被害訴訟、東京 [Nichias and two other companies appeal asbestos damage lawsuit, Tokyo].
Victim’s Verdict in Fukuoka
Sep 21, 2020
On September 16, 2020, the Presiding Judge Atsushi Tokuchi of the Fukuoka District Court issued a ruling ordering the Kitakyushu Municipal Government and a building maintenance firm to pay compensation of ~26 million yen (US$246,000) to the family of a worker who died in 2013 aged 78 from asbestos-related lung cancer as a result of toxic workplace exposures at the Kitakyushu City General Gymnasium, a facility that was constructed using asbestos materials. This verdict is believed to be the first of its kind to recognize a municipal government's responsibility for asbestos management. See: Fukuoka court holds local gov't responsible for worker's asbestos exposure in Japan first.
Mitsubishi’s Asbestos Crimes
Sep 10, 2020
On September 2, 2020, Mitsubishi Heavy Industries Ltd. of Japan announced that between October 2006 and July 2015 it had illegally sold and shipped asbestos-containing products for repairing engines used on ships, in power generation and for construction work, despite a national asbestos ban. The illegal parts had been made at the company’s plant in Sagamihara City. The company is in the process of setting up a call center to replace the toxic parts free of charge and facilitate the disposal of returned goods contaminated with asbestos. See: 三菱重工、建機エンジン部品でアスベスト含む製品販売 [Mitsubishi Heavy Industries sells products including asbestos for construction machinery engine parts].
Claimants’ Verdict in Tokyo
Sep 8, 2020
Another legal victory was achieved on September 4, 2020 when asbestos claimants won their case in the Tokyo District Court against the Japanese Government and five manufacturers of asbestos-containing building materials. The Court awarded compensation of 1.3 billion yen (US$12.2m) to 121 plaintiffs who had contracted asbestos-related illnesses as a result of toxic exposures at construction sites in the Tokyo area. In the verdict, Judge Tatsuro Maezawa said: “Since 1975 at the latest, when dealing with asbestos, it has been obligatory to use warning signs and dust masks.” See: アスベスト訴訟 国とメーカーに13億円余の賠償命じる 東京地裁 [Asbestos Litigation Tokyo District Court ordering state and manufacturer compensation of over 1.3 billion yen].
Legal Victory for Constructions Workers
Sep 2, 2020
On August 28, 2020, the Tokyo High Court ordered compensation of 1,679 million yen (~US$16m) to be paid by the Japanese Government and 43 building material manufacturers to 64 former construction workers (known as Kanagawa’s Second Wave of Asbestos Construction Litigation), or surviving family members, for asbestos-related diseases contracted as a result of hazardous workplace exposures. The court found that the defendants had neglected to implement measures to protect workers from the asbestos hazard. Trial Judge Murakami recognized the right of self-employed workers as well as employees to claim for their injuries. See: Tokyo High Court awards compensation for asbestos injuries sustained by construction workers against the Government and private companies.
Japanese Construction Workers’ Lawsuit
Aug 27, 2020
On August 27, 2020, hearings began in the Sendai District Court in a case brought on behalf of ten Japanese construction workers injured by workplace asbestos exposures who are seeking damages from the Japanese Government as well as 12 manufacturers of asbestos-containing building materials. Only three of the former claimants are alive; the remaining seven died from asbestos diseases. The plaintiffs are seeking ¥38.5 million (~US$363,000) per worker on the grounds that the defendants had failed to provide protective equipment despite knowing that exposure to asbestos could be hazardous. See: Asbestos-exposed construction workers seek damages from government and firms.
Asbestos Advice
Aug 25, 2020
On August 22 & 23, 2020, a telephone advice line was operational from 10 a.m. until 6 p.m. in the Japanese city of Kobe to provide information and advice about asbestos hazards for people who may have been occupationally exposed to asbestos. The service was run by the Asbestos Victims Relief Fund – a non-government organization (NGO) – and took calls such as one from a construction worker who had been exposed to asbestos on a building site. Masayuki Kanda, President of the NGO, expressed concern that: “some people are refraining from going to the hospital or consulting [doctors] because of the new coronavirus, even if they are feeling unwell.” See: アスベスト被害の電話相談 [Telephone consultation regarding asbestos damage].
Miyagi Construction Workers Lawsuit
Aug 24, 2020
Following 16 class action asbestos lawsuits mounted by Japanese construction workers against the State and building material manufacturers, on August 26, 2020 a new class action lawsuit will be filed in Sendai District Court on behalf of construction workers in the Tohoku region who contracted lung cancer from occupational asbestos exposures; in the cases where workers are deceased, the claims will be issued in the name of surviving family members. The lawsuit will seek damages from the State and 12 building material manufacturers. This is the first such legal action brought in Tohoku. See: アスベストで健康被害 宮城の建設労働者ら提訴へ [Miyagi construction workers file lawsuit over asbestos injuries].
Sad Anniversary
Jun 29, 2020
June 29, 2020 is the 15th anniversary of the “Kubota Shock (KS)”; the KS initiated a public awakening in Japan of the existence of a nation-wide epidemic of asbestos-related diseases. Since the KS, 600 people have died in Amagasaki City, Hyogo Prefecture – the location of a former Kubota company factory – from both occupational and environmental exposures to asbestos fibers liberated by the manufacturing at the Kanzaki site. According to asbestos victims’ campaigner Hiroshi Iida: “The damage is not over…It is a catastrophe that should not be forgotten.” See:「病魔今ごろ暴れだした」クボタ石綿被害、１５年で６００人に [“Disease now rampages” Kubota Asbestos damage, 600 people in 15 years].
Benefits Vacuum: Lung Cancer Cases
Jun 26, 2020
As of the end of 2018, more than US$735 million of Japanese government benefits allocated for the payment of compensation to asbestos victims remained unused due to a massive under-recording and under-recognition of cases of lung cancer caused by asbestos exposure. According to Professor Masahide Sakamoto, an expert on asbestos issues at Senshu University: “Surplus funds have amassed to nearly 80 billion yen because lung cancer patients could not be certified properly and there are holes in the system. The qualification criteria for lung cancer patients should be reviewed and consideration should be made for the benefits to be upgraded to a level that enables minimal living standards.” See: Japan gov't relief funds for asbestos going unused due to few lung cancer certifications.
Failed by the State
Jun 26, 2020
An online commentary on a Japanese news portal considered the hypocrisy illustrated by Johnson & Johnson’s (J&J’s) decision to end sales of talc-based baby powder in North America whilst continuing to sell its toxic product in Japan. Questions asked to officials at Japan’s Consumer Affairs Agency and Ministry of Health, Labor and Welfare by the author of the commentary about the hazards posed by exposing Japanese babies and their mothers to J&J’s baby powder were fobbed off with civil service doublespeak. No response was received from J&J Japan. See: 北米では販売中止に アスベスト入りベビーパウダーを日本はなぜ野放しに [Discontinued in North America Why baby powder with asbestos left unchecked in Japan].
Deadly Asbestos Legacy
Jun 3, 2020
The results of an annual health report by Japan's Environment Ministry confirmed that more than 30% of respondents to the ministry’s survey had developed symptoms of asbestos-related conditions by inhaling asbestos liberated by the operations of local asbestos-using factories. The authors of the report documenting the newly released data warned that the figure of “over 30%” was an underestimate of the likely impact of asbestos exposures on local populations. Despite this and other government initiatives, many people remain unaware of the environmental hazard posed by their exposure to asbestos say health and safety campaigners in Japan. See: Link between local residents' illnesses and asbestos use at factories: Japan study.
Asbestos: New Restrictions
Jun 1, 2020
Last week, regulations were tightened in Japan in the Revised Air Pollution Control Act to prevent the liberation of asbestos during demolition work on contaminated buildings. The new provisions mandated the commissioning and submission of asbestos audits to local authorities before work on asbestos-containing structures was begun; these regulations, which will be implemented by 2022, could increase the number of dismantling projects supervised by the Ministry of Environment from 16,000 to 320,000 per year. See: アスベスト飛散防止徹底へ 改正大気汚染防止法が成立 [Thorough prevention of asbestos scattering as Revised Air Pollution Control Law enacted].
New Therapy Protocol for Mesothelioma?
Apr 27, 2020
A paper uploaded on April 20, 2020 by a team of 18 Japanese researchers explored the potential of using a recently developed cancer therapy – Near-Infrared photoimmunotherapy (NIR-PIT) – for the treatment of malignant pleural mesothelioma (MPM). The results reported from in-vivo and in-vitro tests suggested that Podoplanin-targeted NIR-PIT could be a promising new treatment for MPM. See: Targeted Phototherapy for Malignant Pleural Mesothelioma: Near-Infrared Photoimmunotherapy Targeting Podoplanin.
Asbestos Earthquake Hazard
Feb 17, 2020
A documentary on Japan TV marking the 25th anniversary of the Great Hanshin Earthquake, explored the asbestos hazard resulting from that disaster; filmmakers detailed the case of Kazunori Shimatani, a former employee of Akashi City, Hyogo Prefecture who died from mesothelioma in 2013 at the age of 49. Mr. Shimatani had been exposed to asbestos during the post-earthquake clean-up. The death of Mr. Shimatani has not been officially recognized or compensated. To date, a total of five Hyogo Prefecture workers – including clean-up crews and first responders – have been diagnosed with mesothelioma. See: 阪神大震災から25年…“静かな時限爆弾”アスベストの脅威 [25 years since the Great Hanshin Earthquake ... “Silent time bomb! asbestos threat].
Asbestos at the Olympics
Jan 6, 2020
News that asbestos contamination had been found at the Tatsumi Water Polo Center – a venue which will be used for the 2020 Tokyo Olympics – was widely reported throughout the last week of 2019. Although the asbestos problem had been identified in 2017, the building’s owners, the Tokyo Metropolitan government, had failed to take remedial action, claiming that “there was a low degree of danger.” On December 25, however, it was announced that the situation would be addressed in order to prevent environmental contamination that might endanger spectators. See: Tokyo officials finally tackle asbestos hazard at Olympic venue.
Legal Victory for Victims
Dec 10, 2019
On November 11, 2019, the Fukuoka High Court ordered the government and 4 construction material manufacturers to pay compensation of ¥350 million (~US$3.22m) to former construction workers and bereaved relatives from the Kyushu region for health problems caused by occupational exposures to asbestos. Judge Noriyuki Yamanouchi ruled that the government and the four companies had negligently failed to implement measures to protect workers’ safety. In addition, the judge upheld actions brought by self-employed contractors and ordered the government to compensate 27 of the 28 claimants and the companies to compensate 26. See: Fukuoka court orders Japan and firms to pay ¥350 million for health problems due to asbestos.
Legal Victory for Victims
Oct 14, 2019
At a press conference after a meeting of the Japanese Cabinet this week, Minister of Justice Kawai announced the Government would not appeal a September 2019 ruling by the Fukuoka High Court which upheld a claim, by a former worker who contracted lung cancer, that the compensation he should receive from the government for occupational asbestos exposures should be higher than the standard rate previously set. He was awarded 12.65 million yen (US$117,000). The positive verdict for the Kitakyushu City man followed similar outcomes for litigants in Kobe and Hiroshima. See: スベストの健康被害めぐる福岡高裁判決 政府 受け入れ方針 [Fukuoka High Court Decision on Asbestos Health Damage, Government Accepts Ruling].
Government’s Asbestos Liability
Oct 1, 2019
Under a settlement registered on September 27, 2019 with the Osaka District Court, the Government of Japan agreed to pay 57.2 million yen (US$530,000) to the families of 4 workers who died from asbestos-related diseases due to exposures experienced whilst recycling asbestos-contaminated hemp bags. The agreement followed a case brought by relatives of people who worked in 3 factories in Sakai City between 1944 and 1976. According to the defense team, this is the first settlement in Japan for asbestos disease contracted as a result of employment at a bag recycling plant. See: 麻袋リサイクル作業で石綿被害、国と元労働者が初の和解 大阪地裁 [Asbestos damage due to recycling of hemp bags, first settlement between the country and former workers Osaka District Court].
Pre-Olympics Asbestos Hazard
Sep 28, 2019
An editorial in The Japan Times highlighted the dangers posed by the demolition of buildings containing asbestos to make way for new constructions for the Tokyo Olympics 2020. The author called for urgent implementation of tighter regulations for dealing with asbestos – a substance widely used in building products throughout Japan for several decades – in order to protect occupational and public safety. Two million eight hundred thousand buildings in Japan are believed to contain asbestos; between 2000 and 2040, it has been estimated that up to 100,000 people could die from the asbestos cancer mesothelioma. See: Halt further health damage from asbestos.
New Mandatory Asbestos Audits
Sep 10, 2019
A September 5, 2019 editorial on the website of The Asahi Shimbun, a highly respected daily newspaper in Japan, urged the Government to follow international precedents and tighten up laws to prevent exposures to asbestos-containing products incorporated within the national infrastructure. Recommendations proposed by a subcommittee of the Central Environment Council to the Ministry of the Environment will form the basis of an amendment to the Air Pollution Control Act and will mandate the introduction of asbestos audits prior to the commencement of building renovation or remediation work. All audits must be submitted to local authorities in order for permission to proceed to be granted. Japan banned asbestos in 2004. See: (社説）石綿規制強化 [(Editorial) Strengthening asbestos regulations].
Asbestos at the Supreme Court
Aug. 27, 2019
Mandatory monitoring of the Grand Court of Japan’s Supreme Court in October 2018 revealed illegal levels of airborne asbestos as a result of which use of the Court was suspended in February, 2019. During the construction of the Court, sprayed asbestos had been applied to large aluminium panels in this part of the building; an inspection of the premises a decade ago had confirmed the presence of the hazardous material. Japanese law stipulates measures to protect workers from toxic exposures including asbestos removal and disposal. With asbestos removal completed in July, the Grand Court will reopen in October, 2019. See: 最高裁大法廷にアスベスト、使用中止 実は１０年前発覚 [Asbestos in the Supreme Court, discovered 10 years ago, results in court closure].
Toxic Talc at Sumitomo
Jul 24, 2019
On July 19, 2019, an appeals court in Osaka, Japan issued a claimants’ verdict in a case brought over occupational exposure to asbestos-contaminated talc used at a tire factory in Kobe City belonging to Sumitomo Rubber Industries. Damages of 100 million yen (~US$925,000) were awarded to seven former workers or their surviving families; all of the claimants, six of whom have died, had contracted the asbestos-related diseases mesothelioma, asbestosis or lung cancer. See: 住友ゴムのアスベスト訴訟、控訴審は全員勝訴 1億円の支払い命じる [Sumitomo Rubber's asbestos lawsuit, appeals court orders victory payment of 100 million yen].
High Level of Compensation Claims
Dec 21, 2018
On December 19, 2018, Japan’s Ministry of Health announced that in 2017 it had approved 1,054 claims from people who had worked at 879 companies who were victims of occupational diseases caused by exposure to asbestos. For the first time, one workplace – Mitsubishi Heavy Industries Ltd.'s Nagasaki Shipyard & Machinery Works in southern Japan– had been responsible for more than 200 compensation claims in one year. Seventy of the claimants had already died when their claims were recognized. Amongst the eligible claimants, 126 had lung cancer and 72 mesothelioma; the rest were suffering from other asbestos-related diseases. See: 1,054 people from 879 firms linked to work-related diseases due to asbestos.
Relief Scheme for Construction Workers?
Oct 18, 2018
Within the context of a commentary highlighting multiple legal victories for construction workers in asbestos claims against the Japanese government and manufacturers of asbestos-containing building products, calls are made for construction workers to be provided relief within an existing national scheme that awards compensation to other sufferers of asbestos-related injuries. “It is time,” the author writes “for the government to work with other parties in the lawsuits to explore out-of-court ways of providing relief to the plaintiffs.” See: Provide relief for asbestos-linked health damage.
Another Court Victory!
Sep 21, 2018
On September 20, 2018, Presiding Judge Eguchi Toshiko of the Osaka High Court issued judgment in an appeal brought regarding a decision by the Osaka District Court which had held the Japanese government liable for asbestos injuries sustained by 33 construction workers. Toshiko found that the manufactures of asbestos-containing building products were also responsible for the damages sustained by the plaintiffs and awarded the claimants – including self-employed workers as well as employees – a total of 339 million yen (~US$3m). There are 15 similar lawsuits currently progressing through the Japanese judiciary; this is the 4th high court ruling to be issued. See: 大阪アスベスト訴訟 [Osaka Asbestos Lawsuit].
Post-Earthquake Asbestos Hazard
Sep 19, 2018
Three months after the June 18, 2018 earthquake hit the Osaka area of Japan, some libraries, community centers, classrooms, and other facilities remain closed due to collapsed ceilings and materials containing asbestos. A multipurpose center – home to the central library, the municipal welfare department and the central community center – remains shut without any plans for reopening due to the threat posed by damaged asbestos-containing products in the building’s ceiling. The situation is replicated in buildings throughout the prefecture. See: Public facilities still closed since June Osaka quake for fear of asbestos exposure.
Another Court Victory
Sep 15, 2018
For the third time, on August 31, 2018 a Japanese court ruled in favour of construction workers injured by occupational exposure to asbestos when the Osaka High Court held the government and 10 construction material manufacturers liable to pay ¥302 million (US$2.7m) in damages to 27 former construction workers or their surviving families. In its ruling, the Osaka High Court recognized the government’s responsibility for health problems suffered by self-employed operatives; presiding judge Naoyuki Tagawa said: “If the state’s measures to regulate asbestos were substantially unreasonable, they should inevitably be considered to be illegal.” See: Osaka High Court orders government, 10 firms to pay ¥302 million in damages over asbestos exposure.
Capital’s Asbestos Hotspot
Jun 5, 2018
For the first time, a cluster of environmentally-caused asbestos-related cancers has been found in the Japanese capital, according to data documenting four deaths between 2007and 2017 from the asbestos cancer mesothelioma within a 500-meter radius of an asbestos cement factory which operated from 1937 until 1980. The four deceased – 3 men and 1 woman – had never worked with asbestos but had lived near the factory for between 7 and 76 years. According to a local resident of the affected Ota Ward area, the atmosphere around the Tokyo factory was “always whitish and the dust was everywhere when the wind blew.” See: 4 Tokyo residents near former asbestos factory die of mesothelioma.
Victims at the Diet
Jun 5, 2018
On June 1, 2018, an inaugural event took place in Tokyo organized by the Japanese Network of Asbestos Victims and their Families which provided the opportunity for 50 victims (35 with mesothelioma) and 150 family members to meet with Members of the Japanese Diet – the country’s bicameral legislature – for an hour and with government officials for three hours at the National Diet. Ten victims too ill to attend prepared video messages which were screened at the conference. Key recommendations made included the need for improved medical treatment and more equitable compensation. See: 中皮腫アスベスト疾患患者と家族の会 [Mesothelioma Asbestos disease patient and family association].
Asbestos Victims’ Mobilization
May 13, 2018
In Japan, asbestos victims have established a movement to provide support by asbestos-affected individuals for others in the same position. The “Mesothelioma Peer Support Caravan (MPSC)” was founded in mid-2017; since then, more than 100 mesothelioma sufferers have been contacted at home or hospital or via group meetings. Thirty mesothelioma sufferers with scores of other asbestos victims are to meet with government officials on June 1, 2018 to explain the reality of living and dying with asbestos diseases. In addition, 3 Japanese mesothelioma sufferers have just returned from Korea where they met with colleagues from the Ban Asbestos Network of Korea (BANKO) to prepare for BANKO’s 10th anniversary event on July 3-4, 2018.
Victims Win!
Mar 15, 2018
On March 14, 2018, the Tokyo High Court ordered the Japanese Government to pay compensation of 2.28bn yen ($21m) for 327 cases of asbestos-related diseases contracted by construction workers from the Tokyo metropolitan area; they had been seeking 11.8bn yen in damages from the state and 42 manufacturers. Judge Toru Odan did not find the manufacturers of asbestos-containing construction materials liable for damages even though they had failed to give proper warning of the asbestos hazard. See: High court orders gov't to compensate asbestos victims - The Mainichi.
Asbestos Documentary Award
Nov 29, 2017
On November 26, 2017, the Japanese documentary Sennan Asbestos Disaster won the FILMeX audience award at the Singapore International Film Festival. The director Kazuo Hara accepted the award in person as he was present in his capacity as the FILMeX jury chairman. In October 2017, the film had won the Citizen’s Prize at the Yamagata International Documentary Film Festival in Japan and the Mercenat Award at the Busan International Film Festival in Korea. The documentary is 215 minutes long and took 10 years of research, filming and post-production to bring to the cinema. See: Indonesia’s ‘The Seen and Unseen,’ ‘Marlina’ Share Tokyo FILMeX Grand Prize.
Victory at High Court!
Nov 5, 2017
A statement on behalf of victorious parties on October 27, 2017 in “construction asbestos litigation” before the Tokyo High Court said the ruling solidly established the government’s liability to compensate asbestos-injured construction workers, assigned asbestos manufacturers’ responsibility to compensate construction workers with mesothelioma, asbestosis, lung cancer and diffuse pleural thickening and ordered manufacturers to compensate self-employed workers. The text calls on the Government to create a compensation fund for construction workers and take immediate steps to resolve ongoing litigation. See: Statement of plaintiffs, their attorneys and supporters on the Tokyo High Court ruling on October 27, 2017.
Calls for Asbestos Relief Scheme
Nov 3, 2017
An editorial published on November 2, 2017 called on the Japanese Government to “craft a new program to provide relief to the victims, many of whom are aging and ailing” in the wake of the country’s first high court ruling on asbestos damages to construction workers, thousands of whom have died from occupational diseases. The landmark verdict handed down on October 27, 2017 in Tokyo ordered the Government and four building material makers to pay compensation to 62 plaintiffs; this decision reversed a district court ruling that had absolved the government and firms of liability. See: Addressing workers’ health damage from asbestos.
Legal Precedent!
Oct 27, 2017
A major victory was achieved today for construction workers in a verdict handed down by the Tokyo High Court which recognized the negligence of the government and asbestos manufacturers for injuries caused by asbestos exposures at construction sites. The decision of the Presiding Judge Atsuo Nagano overturned the ruling of the Yokohama District Court, which had dismissed the plaintiffs’ claim. While several asbestos cases have been won against the government, this is only the 3rd against manufacturers and the first such High Court decision. See: 石綿訴訟、国とメーカー４社に賠償命令…控訴審 [Asbestos lawsuit, orders for compensation to 4 companies and manufacturers ... appeal trial].
Landmark Ruling in Yokohama
Oct 25, 2017
On October 24, 2017, the Yokohama District Court awarded 61 asbestos-injured construction workers or surviving family members a total of ¥306 million (US$2.7m) compensation, from the Japanese government and two asbestos manufacturers of construction materials, for occupational exposures to asbestos. Judge Yuko Otake’s verdict found that the Japanese government had failed to enact adequate asbestos regulations and that Nozawa Corporation and Nichias Corporation had neglected to warn their workers of the asbestos hazard. See: 61 plaintiffs seek ¥1.7 billion from state and materials makers for asbestos ills, some to share ¥306 million.
Construction Workers Victory!
Oct 24, 2017
On October 24, a verdict by the Yokohoma District Court awarded damages against the Japanese Government and 2 major asbestos product manufacturers to construction workers injured by occupational asbestos exposures. In previous cases, 6 other courts ordered the Government to compensate construction workers; two district courts awarded damages against manufacturers. On October 27, the Tokyo High Court will hand down its verdict in another asbestos action by construction workers that was originally rejected by the Yokohama District Court. See: 国とメーカーに賠償命令 建設アスベスト神奈川訴訟 企業責任、認定２例目 [Kanagawa court holds companies responsible for asbestos exposures to construction workers].
Film: Sennan Asbestos Disaster
Oct 23, 2017
A Japanese documentary film entitled Sennan Asbestos Disaster by director Kazuo Hara won the Citizen’s Prize at the Yamagata International Documentary Film Festival earlier this month (October 2017) and on October 22 won the Mercenat Award at the Busan International Film Festival in Korea. The film will be screened at other festivals in the coming months. It is 215 minutes long and took 10 years of research, filming and post-production to bring to the cinema. See press release: Sennan Asbestos Disaster.
Achieving Total Asbestos Ban
Oct 21, 2017
The steps needed to achieve a total ban on asbestos in Japan and conclusions drawn from the process are described in a paper just published in the International Journal of Environmental Research and Public Health. The authors described missed opportunities and delays and highlighted the impact of the asbestos scandal – known as “the Kubota Shock” – which propelled asbestos onto the national agenda. Also mentioned are the Global Asbestos Congress 2000 (Brazil) and the Global Asbestos Congress 2004 (Japan) which signified the growth of concern regarding the asbestos hazard around the world. See: Experience of Japan in Achieving a Total Ban on Asbestos.
Asbestos Hazard: Bus Drivers
Oct 16, 2017
The mesothelioma death in December 2010 of a bus driver employed by the Nishitetsu company has been certified as occupationally caused due to workplace exposures to asbestos present in the charcoal gas generating furnaces used in buses during and after World War II. As of May 1948, there were 5,000 "charcoal buses"; they were phased out in the early 1950s. The deceased, who started work at Nishitetsu in 1947 in Omuta City, Japan inspected his vehicle every morning before starting work. Prior to this case, the asbestos hazard to bus drivers had not been recognized by the authorities. See: 石綿 西鉄バス元車掌も労災認定 木炭バスで吸引 [Asbestos: Nishitetsu bus conductor died from occupational exposure].
Asbestos Hotlines!
Oct 4, 2017
Today and tomorrow (October 4 & 5), Japan’s Association of Asbestos Victims and their Families in cooperation with legal professionals are holding a free telephone consultation service to provide support and advice to asbestos victims. This service, which is always over-subscribed, will be even more so in light of advice issued on October 2, 2017 by the Ministry of Labor urging asbestos victims to sue the Government for compensation!
See Photo: Abestos hotline service.
Ministry Encourages Victims’ Lawsuits
Oct 2, 2017
Today (October 2, 2017), a spokesperson for Japan’s Labor Ministry said it is encouraging former asbestos plant workers with occupational diseases and the families of deceased workers to file lawsuits against the government so that compensation payouts can be made to thousands of asbestos claimants eligible to receive them after a 2014 Supreme Court decision found the government responsible for asbestos exposures affecting plant workers in Osaka Prefecture. By the end of last month ¥2.1 billion (US$18 million+) had been paid out to 236 plaintiffs; another 197 claims are being processed. See: Former workers exposed to asbestos urged to sue Japanese government to claim damages.
International Solidarity
Sep 13, 2017
A letter signed by global leaders in the fight for asbestos justice was submitted to the Yokohama District Court on September 7, 2017 and the Tokyo High Court on September 13 urging them “to support the rights of Japanese asbestos victims and issue a judgment which is fair to them and their families.” The letter relates to lawsuits brought by claimants and families regarding toxic exposures to asbestos during employment in the construction sector. The main defendants in these cases are the government and former manufacturers of asbestos-containing construction materials. See: International Joint Letter to Tokyo and Yokohama Courts.
Occupational Asbestos Hazard
Sep 6, 2017
AN analysis of 6,916 Japanese workers diagnosed with asbestos-related diseases (ARDs) between 2008 and 2013 was undertaken to identify groups at risk of asbestos exposures, to facilitate the development of effective health surveillance strategies. Unsurprisingly, workers from the construction industry were found to have a high risk of ARDs; these workers “are still being exposed to asbestos during maintenance, renovation, and asbestos removal from buildings with asbestos containing products.” See: Compensation for Asbestos-Related Diseases in Japan: Utilization of Standard Classifications of Industry and Occupations.
Asbestos Scandal: Schools
Jul 12, 2017
Following its second survey of asbestos in schools undertaken in 2016, Japan’s Education Ministry announced last week that 227 institutions in 14 of the country’s 47 prefectures had chimneys using asbestos as heat insulation. Local governments responsible for the 227 public kindergartens, elementary, junior high and high schools with old chimneys that may scatter asbestos were instructed to address this matter. Amongst the public schools with risky chimneys, Hokkaido had 116 schools, the largest number, followed by Ishikawa Prefecture, with 34, and Tokyo, with 22. See: Japan study finds chimneys at 227 public schools at risk for scattering asbestos.
Public Asbestos Anxiety
Jun 15, 2017
The free telephone hotline operated on June 13 and 14, 2017 by the Japan Association of Mesothelioma and Asbestos-related Disease Victims and their Families received more than 1,000 calls from all over Japan on five telephone lines with long queues of calls building up from concerned citizens. The majority of questions related to the presence of asbestos-containing products in Japanese homes but there were also calls from people concerned about having contracted asbestos-related diseases. Asbestos litigation in Japan is a fairly new concept but lobbying by campaigners to access new public and private sources of support for the injured is ongoing.
Asbestos: Public Housing
Jun 13, 2017
A new survey has revealed that asbestos was used in the construction of 22,000 public housing apartments in Japan. Professor Takehiko Murayama from the Tokyo Institute of Technology has estimated that this contamination could have damaged the health of more than 230,000 people. One former resident, 53-year-old Kazuko Saito, was diagnosed with mesothelioma in 2015; she had lived in contaminated public housing from 1963 until 1984. On June 13 and 14, The Japan Association of Mesothelioma and Asbestos-related Disease Victims and their Families will operate a free hotline for enquiries related to asbestos exposures. See: Former resident develops mesothelioma.
Asbestos Scandal
Jun 12, 2017
A June 9, 2017 exposé in the Mainichi Shimbun, one of Japan’s major newspapers, revealed that between September 2012 and April 2016 customs bureaus in Tokyo, Osaka and Kobe allowed the import of asbestos-containing products despite prohibitions under the Industrial Safety and Health Act. According to the article, dealers in eight cases were asked to subsequently sanitize import declarations. Details of this scandal were obtained following the submission by staff from the Mainichi of an information disclosure request and an official complaint to the Minister of Finance. See: 3 customs bureaus suspected of asking dealers to cover up asbestos imports.
Asbestos Class Action
May 23, 2017
Fifteen claimants have brought an asbestos lawsuit in the Yamaguchi district court for hazardous occupational exposures experienced between 1954 and 2011 at factories belonging to the Ube Board Company (now in liquidation) in Ube City, Osaka City and Fuji City, Japan. Some of the plaintiffs are suffering from asbestos-related diseases including lung cancer and mesothelioma; others have already died from their asbestos injuries. The lawsuit is claiming millions of yen in damages from the Japanese State and the company, which was a building materials manufacturer. See: アスベスト被害で国を提訴 [Suing the State for Asbestos Injuries].
Mass Rally in Tokyo
May 20, 2017
On Friday, May 19, 2017 three thousand construction workers held a mass outdoor meeting in Tokyo to mark the ninth anniversary of the first asbestos class action by construction workers in Japan. To date, there have been six judgments by district courts, five of which held the government responsible and one of which acknowledged the responsibility of the manufacturers of construction materials. The first high court judgment will be handed down in Autumn 2017. In the photograph below, the items held up – traditional paper fans called “uchiwa” – have the Japanese words for “apologize, compensate and eliminate” emblazoned across them. See: Picture of May 19, 2017 Tokyo demonstration.
Asbestos: An Imminent Hazard
May 18, 2017
Investigations by the Japanese Ministry of Land, Infrastructure, Transport and Tourism have revealed that the presence of asbestos-containing products in small scale premises remains a potent health hazard to workers and members of the public. A report issued on May 17, 2017 found that up to 80,000 small private buildings out of a total of 1.3 million were contaminated, with up to 30,000 having failed to take appropriate measures to neutralize the hazard as a result of which highly hazardous products such as sprayed asbestos remain in place. See: Up to 82,000 small buildings estimated to still use asbestos: gov't survey.
Construction Workers Victory
Feb 15, 2017
On February 14, 2017, Judge Toshio Uchino of the Sapporo District Court ordered the government to pay a total of ¥176 million (~US$1.54m) in damages to former construction workers from Hokkaido with asbestos-related diseases and family members of those who have already died from these diseases, saying: “The state should have informed the workers’ employers by 1980 of the need to use dust-proof masks.” This is the fifth district court ruling which has found the government fully or partially responsible for asbestos-related damages at construction sites in Japan. See: Court orders government to pay ¥176 million to asbestos victims.
Japan Asbestos Mobilization
Feb 1, 2017
An asbestos conference at the Tokyo Institute of Technology on January 28 and 29, 2017 provided the opportunity for asbestos experts from the UK and Japan to provide updated information on technical and regulatory developments pertaining to the analysis, removal, remediation and disposing of asbestos-containing materials. A presentation given by ban asbestos campaigner Laurie Kazan-Allen see: The Global Campaign to Ban Asbestos 2017!) considered the progress being made around the world by those fighting to outlaw asbestos use and provide support for the injured. See: Image from conference discussion session..
Leadership in Asbestos Research
Jan 19, 2017
Japanese public health expert Professor Ken Takahashi will take the reins as the director of the Sydney-based Asbestos Diseases Research Institute (ADRI) in February 2017. He will be taking over from Professor Nico van Zandwijk who has led ADRI since 2007. Published papers by Professor Takahashi have shown the correlation between national asbestos consumption and the incidence of mesothelioma deaths. Commenting on his new appointment, Professor Takahashi said: “Asbestos-related diseases are preventable. I want to protect workers around the world.” See: In the News / Ken Takahashi / Expert continues battle against asbestos-related diseases.
Asbestos Compensation in Japan
Dec 21, 2016
A press release issued on December 20, 2016 by Japan’s Ministry of Labor disclosed that over a thousand people exposed to asbestos at 918 workplaces throughout Japan were compensated for various asbestos related conditions in 2015 under workers compensation schemes, with cases of mesothelioma (551) and lung cancer (381) accounting for 88% of the claims. As of March 2016 more than 15,000 individuals with asbestos-related diseases had been compensated under workers compensation schemes with a further 9,000 compensated by relief schemes administered by the Ministry of the Environment’ Environmental Restoration and Conservation Agency.
Asbestos Lawsuit against Government
Sep 19, 2016
The Japanese Government is being sued by former employees and family members of deceased workers from Nichias, a Japanese building materials manufacturer, in a multimillion yen action in the Gifu district court in central Japan. The case relates to injuries sustained as a result of asbestos exposures at the company’s Hashima factory in Gifu Prefecture. According to the complaint, toxic exposures took place from 1954 as a result of which the claimants contracted lung cancer and asbestosis. See: ニチアス元従業員の遺族、石綿被害で国賠提訴 計４２９０万円求め [Former Nichias employees and bereaved relatives issue asbestos lawsuit for a total of 42.9 million yen in damages].
Asbestos on Conference Agenda
Sep 8, 2016
The Public Services International (PSI), a global trade union federation representing 20 million workers in 154 countries many of whom work for local government, is holding its 13th Asia Pacific Regional Conference (APRECON) in Fukuoka, Japan on October 9-12, 2016. Sugio Furuya, Chair of the Asian Ban Asbestos Network, will be making the first panel presentation. His talk is entitled: Regional campaign on asbestos use, recognition in our industries and community. The next speaker, Ben Thompson from Australia, will speak about: Asbestos in our community, a trade union issue. See: Announcement by Public Services International.
Mesothelioma Death of Civic Leader
Sep 3, 2016
Fifty-six year old Tashigi Yukio Maxima who had served on the Satte city council died suddenly on August 17, 2016 of malignant pleural mesothelioma. Before being elected to local government, he had been President of the Parent and Teachers Association, a member of the Board of Education, coach of youth softball and soccer teams. Due to his status as a self-employed person, it has not yet ascertained where and when he was exposed to the asbestos which caused his disease. He is survived by his widow and three sons. See: 幸手市議・巻島幸男さん [Satte’s Tashigi Yukio Maxima].
Outreach Support for Asbestos Victims
Aug 8, 2016
On August 5, 2016 a free telephone hotline was operational in Gunma Prefecture, one of Japan’s asbestos hotspots. From 10 am to 4 pm callers were able to consult with healthcare, benefits and legal advisers at the Gunma Occupational Safety and Health Center about a variety of issues related to the treatment of and support for people with asbestos-related diseases. It is believed that 1,400 people every year are diagnosed in Japan with mesothelioma, one type of deadly asbestos cancer. See: アスベス. 被害の相談会 専門スタッフ対応、電話も無料 あす高崎で ／群馬 [Asbestos: free phone line tomorrow in Gunma Prefecture].
Who Foots the Bill for Asbestos Disease?
Jul 21, 2016
A July 2016 commentary for casualty underwriters reflects on the wide-ranging implications of a decision handed down on January 29, 2016 by the District Court of Kyoto which ordered nine manufacturers of asbestos-containing construction materials to pay a total of JPY 112 million (~US$1 million) to 23 workers and their families who died from or are suffering from asbestosis and/or lung cancer. A significant difference of opinion exists amongst courts in Japan over whether manufacturers can be held liable with district courts in Tokyo, Fukuoka, Osaka and Yokohama issuing verdicts which favoured manufacturers. See: Asbestos Court Decision and Implications in Japan.
Mobilization of Victims Continues
Jun 27, 2016
Japanese asbestos victims, campaigners and supporters continue to press for asbestos justice with meetings this past weekend (June 25 & 26, 2016). On Saturday, June 25, scores of delegates took part in an event in Amagasaki City to mark the 11th anniversary of the Kubota Shock, a term signifying the moment when Japan’s epidemic of asbestos disease burst into the public consciousness with news that workers and community members had contracted diseases as a result of the operations of major Japanese corporations (see: Asbestos Profile: Japan). On June 26, the annual meeting of the national network of asbestos victims and their families was held. See: Photo of meeting marking the 11th anniversary of Japan’s Kubota Shock.
Japan Asbestos Victims Meeting
May 29, 2016
On Saturday, May 28, 2016, Ban Asbestos Japan (BANJAN) held its 28th annual meeting in Tokyo. The session was attended by 150+ victims, relatives and supporters. BANJAN’s discussions were preceded by an outreach initiative outside Sinjuku station during which BANJAN members distributed asbestos awareness material. Coming shortly after a recent mass demonstration in Tokyo by construction workers who demanded justice and support for the asbestos injured, there can be no doubt about the continuing resilience and commitment of Japan’s asbestos victims. See: Picture of BANJAN Mobilization in Tokyo.
Rally by Injured Construction Workers
May 25, 2016
Three thousand protesters attended a rally at Tokyo’s Hibiya amphitheater on May 20, 2016 demanding the Japanese government and manufacturers of asbestos-containing building materials compensate them for injuries contracted through workplace exposures. The demonstrators called for the establishment of an asbestos victims’ compensation fund financed by the government and negligent corporations. Union leaders, politicians and victims’ advocates addressed the rally. See: アスベスト被害 ３０００人決起元労働者や遺族「早期解決を」 [Asbestos protest: 3000 former workers and bereaved families demand “early resolution”].
Protest by Construction Workers
May 21, 2016
On May 20, 2016, 3,000 construction workers held a public rally in Tokyo in support of the rights of construction workers injured by asbestos exposures. The event was a physical manifestation of the frustration of those marginalized by workplace diseases which defendants refuse to acknowledge despite legal precedents recognizing the negligence of government agencies and commercial organizations which failed to protect workers from the asbestos hazard. After the rally, protesters demonstrated outside the headquarters of the Taiheiyo Cement Corporation, a manufacturer of construction materials. See: Photo of event.
Asbestos Legacy at Air Base
May 16, 2016
Thousands of documents covering over twenty years which have been released under the US Freedom of Information Act reveal extensive pollution at Okinawa Island’s Kadena Air Base, the largest US Air Force installation in Asia. Years of neglect and accidents have polluted the infrastructure, land and water with toxins including asbestos, arsenic, lead, polychlorinated biphenyls and dioxin. Twenty thousand US service personnel and 3,000 Japanese workers are employed on this 46 square kilometre site. One hundred and eighty-four thousand civilians living in neighboring communities are also at risk from the pollution. See: Contamination: Kadena Air Base’s dirty secret.
Editorial on Asbestos Compensation
Feb 5, 2016
As recent verdicts deemed the Japan Government negligent for failing to act on the asbestos hazard and as manufacturers of building materials have also now been held liable, this editorial urges that guilty parties act urgently to make restitution to all the injured many of whom are suffering from asbestos diseases which can cause death in a very short time. The editorial calls on the government and others to collaborate on establishing an asbestos fund which would compensate various categories of injured people including asbestos mill workers, construction workers and the self-employed. See: Widening asbestos compensation.
Protests over Asbestos Injuries
Feb 2, 2016
On February 2, 2016, 1,000 protestors including asbestos-injured construction workers and family members demonstrated outside the Tokyo premises of Nichias Corporation, following a landmark ruling last week in the Kyoto District Court which found that product manufacturers could be held responsible for asbestos-related injuries amongst construction workers. Nichias executives, as well as those from other manufacturing companies where rallies also took place, refused to meet the protestors. Altogether, protests were held outside the premises of ten former asbestos manufacturing companies. See: Picture from February 2, 2016 demonstration outside premises of Nichias Corporation.
Court Victory for Construction Workers
Jan 30, 2016
During a month of legal victories by Japanese asbestos plaintiffs, yesterday (Jan. 29, 2016) the Kyoto District Court ordered the Government and building material manufacturers to pay compensation of 216 million yen (US$1.78m) to 27 construction workers and their families for illnesses contracted after occupational asbestos exposures. This was the first Japanese court ruling to recognize the responsibility of building material manufacturers for asbestos injuries; nine companies were told to pay a total of 110 million yen (US$908,000) to 23 plaintiffs. See: State, building supply makers ordered to pay asbestos compensation.
Huge Victory for Construction Workers
Jan 22, 2016
On January 21, 2016, construction workers and their families won a huge victory in the Osaka District Court with a verdict that held the Japanese Government liable for its failure to take measures to protect workers from hazardous asbestos exposures. This is the third such victory with previous favorable rulings from district courts in Tokyo and Fukuoka. Among other findings, the Osaka Court said the government should have prohibited the use of all types of asbestos, including chrysotile (white) asbestos, by 1995 at the latest. See: 国に３度目の賠償命令 建設アスベスト大阪訴訟 [Third victory for asbestos-injured construction workers in Osaka legal verdict].
Asbestos Lost and Found
Dec 21, 2015
It was announced last week by a spokesperson for the High Court that 58 of the 168 rooms in the Tokyo building which houses the Tokyo district and high courts will be closed for an unspecified length of time due to the possible contamination by asbestos which resulted from asbestos removal work done on the premises. A few days later (December 18), Japan’s Ministry of Labor announced that prefectural labor bureaus and labor inspection offices had disposed of asbestos-related documents in contradiction to orders issued in 2005 by the Ministry to retain all asbestos-related documents for future use. See: One-third of Tokyo courtrooms to be closed.
Mapping Asbestos Disease
Dec 14, 2015
Campaigners in Japan have succeeding in forcing the Ministry of Labor to disclose information on all businesses which recognized cases of asbestos-related diseases since 2005. By the end of 2013, there were a total of 9,035 cases, of which 4,668 came from exposures in the construction industry and 3,367 from all other sectors. The Ministry will be announcing updated figures soon after which asbestos victim support groups will operate a free telephone hotline to answer queries from those who think they might have been affected. See: Poster advertising free phone consultation service for victims and families.
Mesothelioma Research Findings
Nov 23, 2015
Reporting the findings of a multi-institutional study of trimodality therapy for malignant pleural mesothelioma which consisted of induction chemotherapy followed by extrapleural pneumonectomy and radiation therapy, Japanese researchers have concluded that while “this phase II study met the predefined primary endpoints… its risk/benefit ratio was not satisfactory.” See: Trimodality strategy for treating malignant pleural mesothelioma: results of a feasibility study of induction pemetrexed plus cisplatin followed by extrapleural pneumonectomy and postoperative hemithoracic radiation.
Delegation Visits Amagaski City
Jun 29, 2015
Delegates from Belgium and Italy joined Japanese asbestos activists on June 26, 2015 at a meeting with the Mayor of Amagasaki City, a town which has been devastated by asbestos pollution created by the industrial operations of the Kubota company. The international visitors included Bruno Pesce and Alessandro Pugno from AFEVA, one of Italy’s most high-profile and active asbestos victims’ groups, and Eric Jonckheere, President of the Belgian Asbestos Victims Group. The delegation also took part in events to mark the 10th anniversary of the foundation of the Amagasaki Association of Victims and Families of Asbestos Victims. See: Photo of Meeting.
Delays Created Environmental Epidemic
Jun 28, 2015
Failure by the Kubota company, one of Japan’s major asbestos manufacturers, to prevent hazardous environmental asbestos contamination near its former Kanzaki plant has produced an epidemic of asbestos-related cancer amongst people in the city of Amagasaki. In 1988, a doctor wrote on the notes of a mesothelioma patient “no history of working with asbestos… If a connection with asbestos were to be made, it would be the fact that this patient's home is located near the Kanzaki plant.” See: Silence over asbestos-related cancer deaths in 1980s draws renewed condemnation.
Asbestos Mobilization in Japan
Jun 1, 2015
High-profile activities involving thousands of asbestos victims, campaigners, trade unionists and government officials took place in Tokyo between May 22 and 30, 2015. The 7th anniversary of landmark litigation on behalf of construction workers against the government and former asbestos manufactures was marked on May 22 with a huge public rally in the capital. One week later, members of the Japan Association of Mesothelioma and Asbestos-Related Disease and their Families met with officials from Ministries of Labor, Health and Environment. The following day was the annual meeting of the Ban Asbestos Network of Japan (BANJAN). See: Photo May 22, 2015 rally.
Supreme Court Asbestos Ruling
Feb 18, 2015
For the first time, on Feb 17, 2015 Japan’s Supreme Court upheld a judgment recognizing the negligence and liability of an asbestos-using company for a non-occupational asbestos-related death – that of Kojiro Yamauchi who for 20 years worked 200 meters from the Kuboto Corporation asbestos factory in Amagasaki, Hyogo Prefecture. By a unanimous decision, the five-panel Court, ordered Kubota to pay ¥31.9 million ($267,000) in damages to Mr. Yamauchi’s relatives. Both the Kobe District Court and Osaka High Court had ordered Kubota to pay damages to the Yamauchi family. See: Top court upholds Kubota’s liability in asbestos death case.
Update on Victims’ Mobilization
Dec 20, 2014
As a result of continuing pressure exerted by Japanese asbestos victims’ groups, the Ministry of Labor disclosed the names of companies where asbestos-related diseases (ARDs) have been recognized as occupationally-caused. This information has been recorded by the victims’ groups on a database which can be consulted by the public. On December 18 and 19, the Japanese network of asbestos victims and their supporters operated a nationwide telephone consultation service for victims and their families. They received 200 calls. Japan has a high incidence of ARDs due to heavy use of asbestos. Asbestos was banned in phases, a full ban was reached in 2012. See: Japan Asbestos Profile.
Government to Settle Asbestos Claims
Oct 23, 2014
A Japanese Minister apologized on October 21, 2014 for deaths caused by asbestos exposure and announced that following the Supreme Court ruling of October 9, 2014, the government is anxious to settle claims brought by the injured and surviving family members. Health, Labor and Welfare Minister Yasuhisa Shiozaki told a press conference that offers will be made to settle the lawsuit pending in the Osaka High Court related to exposures at asbestos factories in the Sennan area between 1958 and 1971. See: Gov't to promptly settle Osaka High Court asbestos suit.
10 Year Anniversary Marked in Tokyo
Oct 4, 2014
The tenth anniversary of the Japan Association of Mesothelioma and Asbestos-related Disease Victims and Their Families is being marked today at an international gathering in Tokyo attended by Japanese, Korean and Indonesian campaigners. A new video has been produced for this occasion. The first 1.43 minutes is a message (in Japanese) from an asbestos victim hospitalized in Hokkaido who is unable to join the activities. The rest of the 32 minute video is a touching tribute to the thousands of Japanese victims and supporters who have revolutionized their country’s asbestos dialogue. This film is highly recommended. See: Anniversary Video.
Environmental Compensation Tops $100m
Jul 7, 2014
According to an article in the Japanese press on July 6, 2014, the Kubota Corporation has now paid out a total of $100+ million to 265 claimants with asbestos-related diseases who were environmentally exposed to asbestos liberated by processing operations at the company’s Kanzaki plant. These payments were made following a 2006 agreement negotiated by the company and local victims and relatives from the community. Japan, a major and long-standing asbestos consumer, did not implement a comprehensive ban on the use of all asbestos-containing products until 2012.
Japanese Asbestos Victims Meet
Jun 3, 2014
On Saturday May 31, Ban Asbestos Japan (BANJAN) held its 26th annual meeting in Tokyo. The discussions were preceded by an outdoor rally and outreach activities with members of the public. The subject addressed during the discussions was “Ten years after the Global Asbestos Congress 2004.” The keynote presentation was given by Professor Ken Takahashi. Other speakers included asbestos victims, family members, Dr. Yuji Natori and trade unionist Satoru Takyu. Several BANJAN members who took part are due to take part in discussions with Korean and Indonesian activists in Seoul this week. See: Picture of BANJAN meeting.
Asbestos-related Lung Cancer
May 13, 2014
Yesterday (May 12), a claimant’s verdict was issued by Judge Ryoji Kudo of the Kobe District Court who dismissed an earlier ruling which found that lung cancer contracted by a 60-year old construction worker was not caused by occupational asbestos exposure due to the relatively low level of asbestos fibers in his body. The judge ruled that the government’s criteria for the recognition of asbestos-related disease based on the number of asbestos fibers was unreasonable. The verdict recognized the cause of death as occupational asbestos exposure. See: Kobe court rules criteria for recognizing asbestos-related lung cancer unreasonable.
Lung Cancer Monitoring at Hotspots
Apr 28, 2014
Government funding has been allocated for the 2015 launch of a pilot lung cancer screening program of at-risk residents in Japanese municipalities where asbestos factories had been located. In 2006, the Environment Ministry undertook health surveys of residents in collaboration with local governments of seven regions where asbestos plants had been sited, including Amagasaki, Hyogo Prefecture. Asbestos consumption continued in Japan long after other developed countries had banned its use. Japanese prohibitions were phased in over a period of years with the final use of asbestos being made illegal in 2012. See: Asbestos lung project in Japan set for 2015.
National Asbestos Legacy
Apr 16, 2014
The Japan Association of Mesothelioma and Asbestos Related Disease Victims and their Families has reported the deaths of people who had worked at recycling sites where asbestos-contaminated hemp bags were processed; family members of these workers and local residents have also died from exposure to the asbestos generated at this site. Ten deaths have been recorded in the city of Sakai from asbestos-related cancers. The situation at similar recycling plants in Tokyo, Fukuoka Prefecture and Saitama Prefecture remains to be clarified. See: 10 people in hemp sack recycling centers reportedly dead from asbestos-related sickness.
Asbestos Epidemic
Jan 8, 2014
On January 7, 2014, Japan's Ministry of Health, Labour and Welfare announced that 28 Japanese workers had been officially recognised as having contracted asbestos-related diseases after toxic exposures at US military bases in Okinawa Prefecture; 21 of them have died. The workers from the base carried out demolition of asbestos-containing buildings, spraying of asbestos, waste disposal and collection, and repair and manufacturing of machines. Asbestos has been found at former US military sites returned to Japan; Japanese workers renovated bases without prior notification of the asbestos hazard. See: Japan Workers Sick from Asbestos.
Government Liable for Exposures
Dec 25, 2013
On December 25, 2013, in a landmark ruling by the Osaka High Court, the Japanese Government was held liable for asbestos-related diseases due to its failure to protect workers from harmful exposures. This is the first time such a judgment has been handed down. The 58 claimants in this case, who include former asbestos mill workers from the Osaka South Prefecture, were seeking 700 million yen (U.S. $6.7 million) in damages; today's ruling awarded them 340m, nearly double that awarded by a lower court. See: High court holds gov't liable for asbestos exposure for 1st time; also see: Asbestos Health Hazard in Seenan.
Mesothelioma Voyage
Jul 19, 2013
Japanese mesothelioma patient Mituse Yamashita set sail on July 18th from the Japanese port of Yokohama on an 85-day voyage which will take her around the world [see: photo (2012) with Mituse on the left]. The three-month journey will take her to 19 countries including Vietnam, Egypt, Greece, Jamaica and Mexico. Mrs. Yamashita was diagnosed with the asbestos cancer mesothelioma 9 years ago and her enthusiasm for this challenge has inspired all her colleagues in the Ban Asbestos Japan network. She is sailing on the 80th Peace Boat, a Japanese institution dedicated to the promotion of world peace, human rights and respect for the environment. See: Peace Boat website.
Appeal Court Win for Asbestos Victims
Jul 8, 2013
On June 27, 2013, the Tokyo High Court upheld a decision by the Tokyo District Court which had found that a 61 year-old lung cancer victim exposed to asbestos at work had a legitimate work-related injury; the government's criteria which barred such a claim were, the Court said, "unreasonable." The claimant had worked as an engineer at a steelmaking plant from 1973-1984. Officials refused to recognize his claim on the basis of a "low" lung fiber burden. It is thought this ruling will benefit four other claimants with similar lawsuits in Tokyo, Osaka and Kobe. See: High court rules criteria for recognizing lung cancer caused by asbestos unreasonable.
Asbestos-Related Diseases Toolkit
May 3, 2013
On May 2, 2013, a "Toolkit for the Elimination of Asbestos-Related Diseases" was uploaded to the website of the University of Occupational and Environmental Health. This resource, which was developed with the support of the Rotterdam Convention Secretariat, the World Health Organization and the International Labour Office, is intended to act as a reference point for people working to eliminate asbestos-related diseases (ARDs). The authors point out that the "most effective means to prevent ARDs is to stop using asbestos." The document references a vast array of useful papers and links. See: Toolkit for the Elimination of Asbestos-Related Diseases.
Tsunami Asbestos Pollution
Jan 28, 2013
The Australian Broadcasting Corporation program Lateline today broadcast a segment focusing on the high levels of asbestos contamination found in tsunami-affected communities in Japan. Research has confirmed 14 cases where levels exceeded the WHO's safety limit. Asbestos-containing products and debris remain in the wreckage of buildings destroyed during the disaster. In the coming months, the authorities in Ishinomaki City plan to demolish 4,000 damaged buildings; due to the project's scale, workers with no knowledge of the asbestos hazard are likely to be employed. See: Tsunami leaves Japan with toxic asbestos legacy.
Landmark Victory for Workers
Dec 6, 2012
On December 5, 2012 the Tokyo District Court held the Japanese Government liable for asbestos-related injuries sustained by construction workers exposed to asbestos as a result of the Government's failure to deal with the asbestos hazard. Judge Masamitsu Shiseki awarded the sum of ¥1 billion compensation to 308 Tokyo workers. A similar class-action lawsuit, the first of its kind to be filed, was lost at the Yokohoma District Court in May 2012. At least four similar actions are pending in regional courts. Japan did not begin to phase out the use of chrysotile asbestos until 2004. See: Tokyo court orders state to pay ¥1 billion to compensate asbestos victims.
Post-Earthquake Hazard
Oct 10, 2012
Sampling done after the 2011 Japanese earthquake have revealed hazardous levels of asbestos contamination. The study, which was undertaken by the Health, Labor and Welfare Ministry and the Environment Ministry, at sites in Miyagi, Iwate, Fukushima, Tochigi, Ibaraki and other prefectures found 10.6 and 783.5 asbestos fibers per liter of air at 14 sites. The World Health Organization's safety limit is 10. The highest level, 783.5, was found at a hotel being demolished in Aoba Ward, Sendai where no attempt had been made to deal with the asbestos present in the building's exterior prior to demolition work commencing. See: Asbestos high in quake zone.
"Medical asbestos" caused mesothelioma
Sep 5, 2012
Labor authorities in Yamaguchi, Japan have recognized the first case of mesothelioma caused by occupational exposure to asbestos-contaminated talc used on surgical gloves. Nurse Mitsue Kawamura, 52 years old, was exposed from 1981 to 1985 when working at a medical clinic. While this is the first such case arising from occupational exposure to toxic gloves of a medical professional, 15 cases have been recognized by the Japanese authorities for people exposed to the asbestos-contaminated talc in the production of rubber goods. In 2006, Japan banned the use of talc with a content of over 0.1% asbestos. See: Labor office recognizes ex-nurse suffered tumor after inhaling asbestos.
Landmark case: partial success
Aug 9, 2012
A precedent was set on August 7 by the Kobe Court which recognized that a mesothelioma death had been caused by environmental exposure. Asbestos from the Kubota Corporation's Amagasaki plant was responsible for the death of Kojiro Yamauchi who, for 20 years, had worked at a factory 200 meters away. His family was awarded 32 million yen (US$406,744) from Kubota but a case brought against the Government failed. The Kobe Court denied compensation to the family of mesothelioma victim Ayako Yasui who had lived within 1.5 km of the same Kubota factory for 35 years. See: Kubota ruled liable for asbestos death.
Scientists Call for Asbestos Ban
Aug 2, 2012
A paper entitled "Elimination of asbestos use and asbestos-related diseases: An unfinished story," has just become available on the website of Cancer Science, the official journal of the Japanese Cancer Association. The authors call for a "stop to the use of all asbestos," as the most effective way of reducing the burden of asbestos-related diseases, and urge the international community to "promote worldwide cooperation involving countries with a wide range of experiences in asbestos… (to bring) together complementing technologies and experiences to match the varied needs of the beneficiaries." See: Elimination of asbestos use and asbestos-related diseases: An unfinished story.
Mesothelioma from 1995 Earthquake
Jul 9, 2012
On Friday (July 6), the Akashi Municipal Government announced that an employee who had assisted with the clean-up after the 1995 Great Hanshin Earthquake has been diagnosed with mesothelioma. The earthquake affected Kobe, Awaji, Ashiya and Nishinomiya and their surrounding areas. The 40-year-old man, a member of the Akashi environment division, handled waste for up to four months after the disaster. It is anticipated that he will file a claim for public workers' compensation, which is likely to be the first mesothelioma claim by a civil servant exposed to asbestos as a result of this disaster. See: Kobe earthquake rubble handler develops cancer and IBAS publication Killing the Future (p 24).
Legal victories for asbestos victims
Jun 30 2012
On June 28, a lawsuit on behalf of the families of 5 former workers who died of lung cancer or mesothelioma succeeded when the Kobe District Court ordered Nippon Express Co. to pay a total of 137 million yen (US $1.7M) for neglecting to protect workers from the asbestos hazard. Four of the families had previously sued another defendant (Kubota); that case was settled in March with the company paying 10 million yen (US $125,290) for each death. The other victory was in an administrative case relating to an asbestos-related lung cancer fatality brought against the government in Tokyo District Court.
Death of Renowned Scientist
Jun 12, 2012
The death was announced today of Professor Masazumi Harada, the physician whose study of Japanese mercury poisoning led to the identification of Minamata disease. As a student at Kumamoto University, Harada began his medical examinations of the victims of mercury poisoning in 1961. He went on to become the world's leading expert on this disease. He was also interested in other environmental and occupational catastrophes. In the preface to the IBAS publication: Killing the Future - Asbestos Use in Asia, Professor Harada called asbestos "a silent assassin," and "the most lethal of all occupational killers." See: Minamata disease authority Masazumi Harada dies at 77.
Victory for Yoshizaki Family!
May 29, 2012
Today the family of Tadashi Yoshizaki won justice, when the Osaka High Court upheld a 2011 lower court ruling that acknowledged his death from mesothelioma had been caused by the negligent actions of his employer, Nippon Express. While the earlier verdict of the Osaka District Court had ordered Nippon Express and Nichias, the owner of the asbestos factory in Nara where Mr. Yoshizaki worked in the warehouse, to pay the sum of 26 million JPY (US $327,000) between them, the 2012 decision exempted Nichias, allocating the fine solely to Nippon Express.
Japan Achieves Total Asbestos Ban
March 1, 2012
Since the use of crocidolite and amosite were banned in Japan in 1995, a series of prohibitions has been implemented on the use of chrysotile asbestos in specific processes and products such as joint sheets, gaskets and gland packing. The new use of chrysotile was prohibited in building and friction materials as of October 1, 2004; this accounted for over 90% of Japanese chrysotile consumption. In 2005, Japan Minister Hidehisa Otsuji announced plans to implement a total asbestos ban within 3 years. Today, March 1, 2012, that ban has been achieved, with the remaining derogations for asbestos having expired.
Lawsuit for Para-occupational Exposure
Aug 25, 2011
A double tragedy in Fuji, Japan reached the Shizuoka District Court when the relatives of a 42-year old mesothelioma victim brought a case against the asbestos-cement pipe manufacturer Fuji Kako. The young woman, who in 2010 was diagnosed with the terminal asbestos cancer whilst caring for her Mother, who was also dying of mesothelioma, had attended the employer's onsite nursery from age 3 to 6. An offer by the company of 23 million yen ($300,000) has been rejected as insulting by the family. In Japan, lawsuits for exposure to a worker's asbestos-contaminated clothing are relatively rare. See: Family sues over woman's death from secondhand contact with asbestos.
Post-Catastrophe Contamination
Mar 28, 2011
Occupational health and safety specialists traveled to areas affected by the tsunami and earthquake last week to investigate levels of asbestos contamination. They inspected damaged buildings and located asbestos debris amidst the devastation in Miyagi prefecture and Wakabayashi ward. Fuyushi Nagakura from the Asbestos Center and Toyoki Nakao from Occupational Safety and Health Center took air samples in the city center and distributed masks. Their findings will be reported in due course. Before Japan banned the use of asbestos (2004), it was one of the world's leading asbestos consumers; although consumption decreased from the 1980s, in 2000 Japan still used 85,440 tonnes.
Honda Loses Asbestos Test Case
Dec 2, 2010
On December 1, 2010 the Tokyo District Court found in favor of mesothelioma claimant Hidenari Hane who had been exposed to asbestos whilst employed by a Honda subsidiary in Nagoya, Japan. From 1968 to 1969, Hane had worked as a mechanic replacing asbestos-containing brake parts. Awarding him a sum equivalent to $640,765, Judge Koichiro Matsumoto said that by the time these exposures took place "a major company like Honda should have been fully aware of the [asbestos] risks and the damages at the factory…'' Cases for asbestos damages due to exposures in the automotive sector are rare in Japan. Honda will appeal. See: Japan Today discussion.
Historic Verdict Against Government
May 20, 2010
Yesterday, Judge Konishi of the Osaka District Court issued a verdict ordering the Japanese Government to pay 430 million yen ($4.6 m) to 29 claimants including workers and residents who contracted asbestosis and lung cancer. Even though the State had been aware of the asbestos hazard before 1960, it had not ensured the implementation of protective measures. As a direct result of the Government's failures, the plaintiffs suffered the exposures which made them ill. A Japanese news analyst said this is the first time a central government has been found responsile for asbestos-related deaths. See: NHK World video report.
Recognition of Environmental ARDs
Apr 29, 2010
At the 6th meeting of the asbestos subcommittee of the Central Environment Council, an advisory body to the Japanese Minister of the Environment, on April 28, 2010 in Tokyo, a recommendation was approved to add asbestosis and diffuse pleural thickening to the list of compensatable diseases for injured people whose exposure to asbestos did not occur occupationally. Until now, this list had only included the asbestos cancer, mesothelioma and asbestos-related lung cancer. It is anticipated that these changes will be implemented from July 1, 2010.
Events Mark Asbestos Law Anniversary
Mar 29, 2010
A series of events took place in Tokyo last week to mark the fourth anniversary of the non-occupational asbestos victims' relief law. These included: a demonstration outside Sinjuku station (March 26), a mass meeting calling for fundamental improvements to asbestos laws (March 27) and the 22nd annual meeting of Ban Asbestos Japan (BANJAN). Delegates from Korea, including two former asbestos textile workers from Pusan and a representative of the construction trade union, took part in the BANJAN meeting.
Compensation for Japanese Victims
Jan 20, 2010
An international seminar is being held in Tokyo on February 2, 2010 to consider methods used by national governments to compensate victims whose exposure to asbestos was non-occupational. Speakers from France, Belgium, the Netherlands and the UK will detail schemes established in their countries for distributing benefits to this category of injured people. This meeting is being organized by the Environmental Restoration and Conservation Agency, the body responsible for setting up such a relief scheme in Japan.