The Timeline
1828
US – the first US patent for asbestos was issued.
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1860s
US – the use of asbestos in industry expanded rapidly.
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1898
UK – British factory safety inspectors expressed concern about the “evil effects” of asbestos dust.
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1906
UK – British Parliamentary Commission confirmed the first documented cases of asbestos deaths in factories and recommended better ventilation and other safety measures.
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1910
US – The first cases of lung disease were reported among asbestos manufacturing workers.
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1911
AUS – A Royal Commission into working conditions in Australian gold mines revealed massive numbers of lung disease among workers. Ventilation laws were introduced.
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1918
US – Prudential Insurance Company in the US produced an actuarial study which showed premature death among workers in the asbestos industry. Other insurance companies started to increase premiums and refuse insurance.
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1924
UK – Nellie Kershaw, a British textile worker, became the first published medical case of asbestosis.
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1926
US – The first successful claim for workers’ compensation by an asbestos worker was made to the Massachusetts Industrial Accidents Board.
Several hundred more claims are filed over the following three years.
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1927
Asbestosis was given its name.
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1929
US John Manville Corporation, the world’s largest asbestos mine and manufacturer, was served with writs by eleven asbestos sufferers. These claims were settled out of court and subject to secrecy orders. The Metropolitan Life Insurance Company in the US found that half of those men working at John Manville plants for more than three years went on to get lung disease.
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1930
UK – The Merewether report, a British Home Office Survey, found widespread asbestos disease in UK factories.
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1931
UK – Asbestos Industry Regulations were introduced to control the amount of dust in factories.
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1935
AUS – Inspector of Factories and Shops in Western Australia reported on the effect of asbestos dust on workers’ lungs in the James Hardie Factory in Perth.
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1936
AUS – Lang Hancock ‘discovered’ the Wittenoom blue asbestos (crocidolite) deposits and later began pick and shovel mining.
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1938
AUS – CSR Limited sent Senior Executive M King to the US, South Africa, Canada, and Europe, to study asbestos mining and manufacturing. This started regular contact between CSR and John Manville, which included further overseas trips between 1947 and 1952.
US – The United States adopted a “safe” dust limit of 176 asbestos particles per cubic centimetre in the workplace.
GER – German researchers identified six cancer deaths among asbestos textile works. Animal studies later confirmed asbestos dust kills mice.
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1939
AUS – Western Australian Commissioner of Public Health and Chief Inspector of Factories found respiratory disorders among James Hardie workers.
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1940
AUS – Hancock began mining at Wittenoom. The plant opened in 1943, and CSR took over in 1948.
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1943
US – Saranac Laboratory in New York confirmed the link between asbestos and cancer, but John Manville suppressed the report. A report on an asbestos mill at Zeehan in Tasmania (owned and operated by a CSR subsidiary) said that asbestos dust was a health hazard and discussed eliminating it.
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1944
AUS – First warning of asbestos dust at Wittenoom – the Western Australian Assistant State Mining Engineer reported the danger of dust being generated. Mines inspector Adams reported on the “dust menace” at Witternoom and discussed the need to reduce dust levels.
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1946
The known asbestos death toll reached 235 in Britain, 16 in France and 30 in Italy.
AUS – Witternoom mine manager wrote to head office about the first known asbestosis case.
Mines Department Inspector Adams described dust conditions at Wittenoom as “terrific”.
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1948
AUS – Dr Eric Saint told Wittenoom mine management that asbestos was extremely dangerous and that the workers exposed would contract chest disease within six months. He wrote to the Public Health Department in Perth, saying that the mine would produce the greatest crop of asbestosis the world has ever seen. Over the following three years, dust levels at the mine and mill were regularly monitored and noted as being six to eight times above “safe levels”. Further warnings were given to mine management, but no improvement in conditions was noted.
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1950
AUS – Western Australian Commissioner for Public Health reported to his Minister that “Asbestos dust, if inhaled, constitutes a very grave risk noting that it is, if anything, worse than silicosis”.
State Mining Engineer reported insufficient attention to safety regulations and ventilation at Witternoom.
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1951
AUS – Western Australia adopted a “safe” dust limit of 176 particles per cubic centimetre. However, the Wittenoom readings were continually off the scale – 1000 particles. The Mines and Health Department took no action other than to issue further warnings.
The Commissioner for Public Health wrote to the Under Secretary for Mines, stating, “The hazard from asbestos is considerably greater than that from silica…we have reason to believe that attention to this aspect of mining operations at Wittenoom has been inadequate in the past.”
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1954
AUS – Mines Inspector Ibbotson described conditions at Witternoom as a “disgrace”. In the following year, he threatens to close the mine.
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1955
UK – Dr Richard Doll in the UK produced the most comprehensive survey to date, linking asbestos dust with lung disease.
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1959
AUS – Western Australia Health Department Official Dr James McNulty discovered six cases of lung damage among Wittenoom workers. The mine manager received a warning. The first of a series of warnings was written.
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1960
SA – Wagner paper published a “new” disease, mesothelioma (fatal cancer of the linings of the lungs), discovered among people exposed to asbestos in South Africa.
AUS – Annual reports from the WA Commissioner for Public Health said that working at Wittenoom is thirty times more dangerous than other forms of mining.
UK – Ship Building and Ship Repairing regulations introduced, designed for the safety, health and welfare of persons employed in the construction and repair of ships in shipbuilding yards.
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1961
UK – Britain cut the maximum exposure level of asbestos in the workplace from 176 to 5 particles per cubic centimetre.
AUS – The first mesothelioma case was detected in an ex-Wittenoom worker, which resulted in the affected man’s death.
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1961-1965
AUS – There were more than 100 cases of lung disease reported among Wittenoom workers and ex-workers. This was more than all of the other mines in Western Australia put together.
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1964
US – Studies revealed that those working with materials containing asbestos had a greater than normal incidence of lung cancer, mesothelioma and asbestosis.
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1965
AUS – Local council warned that the tonnes of asbestos spreading about Wittenoom could now threaten tourists.
UK – Newhouse and Thompson published ‘Mesothelioma of Pleura and Peritoneum Following Exposure to Asbestos in the London Area’, establishing the link between cancers and asbestos deaths away from the manufacturing processes.
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1966
AUS – G Major of the Commonwealth Health Department was highly critical of dust at the mine and mill. Two weeks later, CSR closed the mine.
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1967
UK – Imports of asbestos peaked.
UK – Mesothelioma Register and Asbestosis Registers established.
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1968
UK – British Occupational Hygiene Society proposed safety limits.
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1969
UK – New Asbestos Regulations imposed much stricter rules than the 1931 regulations and applied to significantly more work with asbestos.
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1970
AUS – Unions started industrial action aimed at banning the use of asbestos at places of work across Australia.
UK – A voluntary ban on UK imports of raw blue asbestos (crocidolite) was introduced.
UK – An asbestos morbidity and mortality survey was established.
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1972
UK – The first successful asbestos-related disease personal injury claim was won at the House of Lords.
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1973
AUS – Wittenoom asbestos disease toll reached 175, with 27 men known to have died at this point.
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1974
AUS – The first public warning of the dangers of blue asbestos was produced by Asbestos Diseases Foundation Australia (ADFA). The Bulletin Magazine cover story was “Is This Killer in Your Home?”.
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1977
AUS – Cornelius Maas became the first mesothelioma victim to sue the CSR subsidiary that ran the mine. He died before the case got to court.
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1979
US – EPA announced its intention to ban all uses of asbestos.
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1980
UK – A voluntary ban on imports of raw amosite (brown asbestos) was introduced.
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1983
UK – Asbestos Regulations were updated, requiring a Health and Safety Executive (HSE) license for work involving asbestos insulation or coatings. In addition, employees had to undergo statutory medical examinations.
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1985
UK – Asbestos (Prohibitions) Regulations were introduced, which banned the import and use of blue and brown (crocidolite and amosite) asbestos.
The Asbestos Products Safety Regulations 1985 prohibited the supply and use of products containing crocidolite and amosite.
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1987
UK – The Control of Asbestos at Work Regulations helped to ensure that “every employer shall prevent or, where this is not reasonably practical, reduce to the lowest level reasonably practicable, the spread of asbestos from any place where work with asbestos is carried out”.
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1988
AUS – During the course of the first victories in court for Wittenoom mesothelioma victims, the Judge ruled that CSR acted with “continuing, conscious and contumelious” disregard for its workers’ safety.
UK – The Asbestos (Prohibitions) (Amendment) Regulations prohibited the supply and application of any paint or varnish containing asbestos for use at work.
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1989
AUS – Wittenoom death toll topped 500, with the National Health and Medical Research Council predicting the final toll would be 2000.
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1992
UK – The Control of Asbestos at Work (Amendment) Regulations updated the 1987 regulations, requiring asbestos assessments to be regularly reviewed, introducing the requirement to produce a plan of work and placing duties on employers in case of any unforeseen asbestos release.
UK – Asbestos (Prohibitions) Regulations replaced the 1985 Regulations, extending the prohibition on importing crocidolite and amosite to all forms of amphibole asbestos and mixtures containing the materials.
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1994
UK – Statistical supplement to the Annual report of HSE.
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1995
UK – Peto et al. reported that asbestos deaths were increasing at an alarming rate. 25% of deaths were away from manufacturing industries, i.e., carpenters, plumbers, and other trades.
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1996
UK – Howie et al. released a report showing that PPE supplied for protection against asbestos was vastly inferior to manufacturers’ claims when used in the ‘real’ world.
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1998
AUS – Asbestos Diseases Foundation Australia (ADFA) played a significant role in winning changes to NSW Laws regarding dust diseases. The laws were a first for Australia.
UK – Asbestos (Licensing) (Amendment) Regulations, updated from the 1983 version, which prohibited contractors working on asbestos insulation, asbestos board or asbestos coating without a HSE license.
UK – Final Comprehensive ban on asbestos, which included white asbestos (chrysotile) for the first time.
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1999
UK – Dangerous Substances Directive (EC) amended to restrict member states regarding the marketing and use of certain dangerous substances and preparations (asbestos).
EU – The above directive required member states to ban white asbestos (chrysotile) by 1 January 2005.
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2001
AUS – Unions continued their efforts to make James Hardie accountable for its failure to acknowledge the damage to workers’ health and obligations to compensate workers affected by asbestos-related disease. James Hardie established the Medical Research and Compensation Foundation.
US – Over 29 million pounds of asbestos were imported into the US for use in products.
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2002
UK – Fairchild v Glenhaven Funeral Services Case– Introduced Duty to Manage to recognise employers’ failure to manage asbestos safely.
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2005
AUS – James Hardie and the New South Wales Government signed a historic agreement which provided $4.5 billion in funding for Australia’s asbestos victims.
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2006
UK – Barker v Corus
UK – Control of Asbestos Regulations consolidated the previous regulations into one, prohibiting the import, supply and use of all forms of asbestos.
UK – Introduction of the Compensation Act, which specified certain factors that a court might be able to consider when determining a claim for negligence or breach of statutory duty.
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2008
AUS – Department of Environment and Conservation classified Wittenoom as a contaminated site under the Contaminated Sites Act 2003 on 28 January 2008.
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2009
AUS – The Australian Broadcast Company’s Journalist Matt Peacock’s Book “Killer Company – James Hardie Exposed” was published.
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2010
AUS – NSW Asbestos victims could now get Federal compensation through loans. This ensured that asbestos victims and families would continue to be compensated.
UK – Merchant Shipping & Fishing Vessels (Health & Safety at Work) (Asbestos) Regulations 2010 introduced measures to protect workers from the risks related to exposure to asbestos at work.
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2011
AUS – Danger threatened in the wake of the deluge from Cyclone Yasi in Queensland. A hazard alert was sounded for thousands of workers cleaning up the debris of fibro homes.
UK – Supreme Court – Diane Willmore and Enid Costello.
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2012
AUS – High Court of Australia found that seven Directors of the James Hardie group breached their duties by approving misleading statements being released to the stock exchange.
AUS – ABC’s “Devil’s Dust” was released as a documentary on asbestos-related diseases, following the work done by investigative journalist Matt Peacock.
UK – Changes to the Control of Asbestos Regulations (CAR) 2012 introduced new requirements for specific non-licensable work with asbestos on notification of work, designating areas where work on asbestos is being carried out, medical surveillance and record keeping.
UK – A Supreme Court ruling determined that mesothelioma is “sustained” or “contracted” at the moment when the employee is wrongfully exposed to asbestos, not at the time the disease manifests itself.
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2018
UK – The Court of Appeal reset the threshold for asbestos-related cases, which paved the way for thousands of potential claims. Claimant lawyers hailed the ruling as an acknowledgement that the application of historical data was wrong, meaning that the courts had consistently erroneously applied the measurements as a guide to employers of a ‘safe’ level of asbestos in which people could work.
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