Mesothelioma and the Heath and Safety Regulations in Place to Minimise Exposure

Mesothelioma is an aggressive form of cancer which is generally caused by exposure to asbestos. This type of cancer mainly affects the lining of the lungs (the pleura) but can also affect the peritoneum. Symptoms can include shortness of breath, chest pain, fatigue, a persistent cough, loss of appetite, and night sweats. Often people don’t realise they’re ill until decades after initial exposure to asbestos and sadly, the condition is universally fatal.

According to the NHS, mesothelioma is “almost always caused by exposure to asbestos”, so just how common is the disease and what are companies doing to keep their employees safe from exposure?

How common is this type of cancer?

There are approximately 2,700 cases a year of mesothelioma which makes it a fairly uncommon type of cancer. Most people suffering from this type of cancer are 75 or older and typically men are affected more than women. Inevitably, there will be deterioration in the person’s condition, probably with worsening pain, increasingly breathlessness, loss of appetite and weight and progressive debility. Commonly, pain becomes so severe that morphine or similar analgesics are required and sometimes it is intractable despite large doses of strong analgesics.

Are case numbers going down?

Statistics provided by Cancer Research UK show “mesothelioma incidence rates are projected to fall by 27% in the UK between 2023-2025 and 2038-2040” due to tighter health and safety laws around asbestos management. “When asbestos was at its peak, it was being used in industrial work environments, such as mining, shipbuilding, construction, military, and more” explains the Mesothelioma Guide, meaning tens of thousands of workers were exposed to the toxic mineral. Of course, we now understand a lot more about the dangers of asbestos and can therefore do more to protect workers from dangerous exposure. 

How have health and safety laws around asbestos changed?

Although the buying, selling, importing and exporting of asbestos was fully banned in 1999, it is still present in many buildings today, as it was widely used for insulation material for boilers and pipes, insulating board to protect buildings and ships against fire and for roofing sheets, among other things.

In 2012 the Control of Asbestos Regulations came into force. This legislation brought together previous asbestos regulations and set out the requirements for managing and working with asbestos-containing materials. It placed a duty on employers and building owners to identify and assess the presence of asbestos and implement measures to control exposure.

As well as this, the government introduced specific regulations to manage asbestos in schools due to concerns about the potential exposure to children and staff. This included requirements for schools to have an asbestos management plan and to conduct regular inspections and risk assessments.

Asbestos removal work is subject to strict licensing requirements and can only be carried out by licensed contractors. This system was put in place to ensure proper training, safety protocols, and the safe handling of asbestos-containing materials.

What are companies doing to keep their staff safe?

All companies that work with asbestos (including asbestos management and removal companies) have a duty to protect their staff from dangerous exposure.  As well as providing comprehensive training around safety protocols and proper handling and disposal of asbestos, personal protective equipment such as respirators, coveralls and gloves should be provided to minimise the risk of exposure to asbestos fibers.

All companies must comply with relevant Health and Safety legislation regarding asbestos and according to Health and Safety Executive, anyone who carries out asbestos removal work should be under medical surveillance.

Due to so many more Health and Safety regulations in place surrounding asbestos in the workplace, we can expect for cases of mesothelioma to continue, but to decline.  However, companies should continually assess and improve their Health and Safety measures to protect their employees from workplace hazards such as asbestos exposure.

How TGA can Help Ensure the Right Outcome for All

All TGA reports produced by our experienced associates reveal extensive, clinically based details and will paint a clear picture of the impact of the illness. Our reports not only cover care needs but also include, due to our extensive knowledge, any advances in technology within aids and equipment that can help mitigate care costs by recommending the most efficient and cost-effective solutions to support the injured party as they progress through their illness up to and including end of life.

We have an experienced team of associates with a vast array of expertise. They have the key skills required to assess a claimant suffering from the effects of mesothelioma, to provide an in-depth care report regarding their symptoms and required care.

As an example, our associate Joan Gowans has provided many reports in mesothelioma cases, which are exceptional in their attention to detail. She utilises a pragmatic approach to assessing past and future care based upon her own clinical experience.

Our associate, Caroline Bear utilises her knowledge and skills based on her own clinical experience of respiratory illness and end of life care to approach each mesothelioma case individually. She provides detailed reports covering all aspects of past and future care plus aids and equipment, in the context of statutory support that may be available in any given geographical area.

Both Joan and Caroline always clearly explain their rationale for their recommendations, for example care rates, case management (if indicated) and purchased care versus gratuitous care.

If you would like a full list of our associates with experience in Mesothelioma cases or to talk to one of our team members about any of our services, please get in touch today.

Bethany Bishop

RN

Bethany is an experienced senior clinical Nurse who has worked in both the NHS and private hospitals for over 30 years.

Such experience includes being fully proficient with both quality and regulatory structures throughout clinical areas including ICU, renal transplants, theatre recovery and anaesthetic pre-assessment wards.

She prepares reports for claimants and defendants and as a single joint expert in liability cases, relating to standards of nursing and care, acceptable practice and risk management.