Brexit Minister Accused of Weakening Asbestos Laws by Britain's Largest Union

The United Kingdom (UK) is one of 55 countries that has placed a ban on asbestos use. Sadly, the country's mesothelioma rate is still one of the highest in the world and has been increasing steadily since the 1980s. According to the Health and Safety Executive, about 2500 residents in the UK have died from mesothelioma each year since 2012. For this reason alone, UK workers have expressed concern about asbestos exposure in the workplace. However, now there is additional concern that the newly appointed Brexit minister will push for weaker asbestos laws.


Unite is Britain's largest trade union with close to 1.5 million members. They recently made a bold statement against Brexit minister Steve Baker accusing him of lobbying in favor of asbestos. This accusation is due to his comments and questions about asbestos regulations.


In 2010, Baker asked the Department of Work and Pensions' then secretary of state three questions:

"If he will bring forward proposals to amend the provisions of the Control of Asbestos at Work Regulations 2002 to distinguish the white form of asbestos and the blue and brown forms of that substance."
"If he will commission an inquiry into the appropriateness of the health and safety precautions in force in respect of asbestos cement."

"If he will bring forward proposals to amend existing regulations governing the safe use of asbestos cement in line with the evidence cited in the Health and Safety Commission Paper HSC/06/055."

In 2015, the Conservative Rural Affairs Group (CRAG) created a report on asbestos regulations. Within that report, it mentions Steve Baker and correspondence he had with Lord de Mauley, the Parliamentary Under-Secretary of State at the Department for Environment, Food & Rural Affairs at that time.

The correspondence was about asbestos cement and how farmers should handle and dispose of the materials. The CRAG was not pleased with the response from Lord de Mauley and claimed the regulations place too many burdens on farmers trying to remove asbestos cement.

The final statement of the report states, "The writer thinks it important that we in the [CRAG] should be actively pressing for the review of regulations governing the use and disposal of asbestos cement which had been requested by the Rt Hon Owen Patterson MP and which may become the subject of an Adjournment Debate to be requested by Steve Baker MP."


As the Brexit minister, Baker is responsible for negotiating Britain's exit from the European Union (EU). Politics aside, Unite is focused on the welfare of workers and is demanding that government leaders provide their guarantee that existing regulations for asbestos will not be changed or weakened in a way that would place anyone at risk.




Weakened Asbestos Laws Could Affect Progress on a Global Scale

If we look at asbestos throughout the world, the known carcinogen kills more than 190,000 people each year, yet remains legal in almost 70 percent of the world. Even in the United States, our government has placed regulatory controls on the substance, but has not declared a total ban on it. A few months ago, we applauded Congress's decision to declare April 1-7 National Asbestos Awareness Week.

However, we also support the Asbestos Disease Awareness Organization and their efforts to eventually recognize Global Asbestos Awareness Week and encourage a full ban on asbestos worldwide. If one of the countries already imposing a ban weakens their laws, it would be a major step backwards on all of the progress that has been made.

Steam Pipe Explosion Leads to Asbestos Concerns in Baltimore

Recently a steam pipe exploded in downtown Baltimore causing injuries to five people and damage to surrounding cars and buildings. Four of the five injured were taken to the hospital, but luckily two of them were discharged the same day. Police immediately blocked off the area when they arrived on the scene, and firefighters hosed down the surrounding area to prevent any melting from residual heat. The official cause of the explosion is unknown and still being investigated.

Just a couple days after the explosion, it was reported that environmental tests showed low levels of asbestos at the site. The police department was also notified that the officers who first responded to the scene were possibly exposed to asbestos from the explosion's dust and debris. Sad­ly, it is fairly common for first responders to have a higher risk of asbestos exposure any time there has been damage to older pipes or buildings due to natural or man-made disasters. Certified asbestos contractors from the Maryland Department of Environment have been monitoring the situation closely and assisting with cleanup. However, we are still seeing reports that asbestos is being found in areas nearby.


Asbestos Was Once Used to Insulate Steam Pipes


Taken in 1921, metal pipes in a refinery were covered with asbestos wrappings for insulation.
Many pipefitters and steamfitters worked in close contact with products containing asbestos. In addition to installing the metal pipes, other products, such as asbestos lagging, had to be used to insulate them due to their ability to resist heat. Use of thermal insulation made with asbestos continued until 1975, and gaskets/packing made with asbestos continued until the late 1980s.

Our attorneys have represented many clients who once worked as pipefitters and were exposed to asbestos in the workplace. Work-related asbestos exposure is typically the most common. However, this explosion has now caused concern for not only those who manufactured the pipes but also the general public who frequents this area. There is no "safe" level of exposure to asbestos; even minimal levels can cause asbestos-related diseases like mesothelioma, asbestosis, and lung cancer. We will continue to monitor this story closely and share any updates related asbestos concerns.

Trucking Company Mistreats Employees, Cheats Them Out of Unpaid Wages

Last month, about 60 truck drivers went on strike and picketed a large trucking company called XPO Cartage, Inc. XPO is attempting to cover up its misconduct of misclassifying truck drivers in Southern California as independent contractors. In doing so, they managed to cheat these individuals out of unpaid wages totaling well over $150,000 each. These workers have now been forced into arbitration by XPO's efforts to keep this case out of the court system.


Unfavorable Working Conditions for Independent Contractors

USA Today conducted a yearlong investigation and discovered that trucking companies have been misclassifying employees as independent contractors for at least a decade. It is especially common for companies working out of the Los Angeles and Long Beach ports. These are two of the largest ports in the United States, so these misclassifications allow the companies to save money since they are not required to provide health insurance and benefits. The drivers are not as fortunate under these circumstances. Despite the fact that they often work up to 60 hours a week, they still remain in poverty due to the many fees deducted from their paycheck. These fees, only applicable to independent contractors, include items such as gas, insurance, and "lease" payments on the trucks. According to USA Today, "One company...charged $2 per week for the office toilet paper and other supplies." In fact, sometimes all of these fees are so high that the drivers end up owing the employers money.





XPO Attempts to Block Any Potential Legal Actions

In the past, similar misclassification cases brought before California's Labor Commissioner have consistently been in favor of the workers. Unfortunately these rulings only apply if they are not forced into arbitration. Last year, the drivers filed legal actions with California's Labor Commissioner against XPO, but the company filed a last-minute petition to compel arbitration just before the hearings began. They then attempted to prevent the Labor Commissioner from holding the hearings through an order from the California Superior Court. Luckily the Superior Court has denied XPO's motion for an injunction and petition to compel arbitration. The Labor Commissioner issued orders awarding each driver compensation in back wages and penalties. However, XPO is now trying to appeal the Superior Court's judgment and reclaim any awards obtained by the drivers.

We will keep you informed about this case as more information unfolds, but we hope for a victory in favor of the drivers to ensure fair employee classifications and pay in the future. If you or a loved one are a transportation worker and have been mistreated by a trucking company, please contact us at (800) 598-0314.