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National Asbestos Awareness Week 2010

We thank Senator Max Baucus (D-MT) along with Senator Barbara Boxer (D-CA), Senator Richard Durbin (D-IL), Senator Dianne Feinstein (D-CA), Senator Johnny Isakson (R-GA), Senator Patrick Leahy (D-VT), Senator Patty Murray (D-WA), Senator Harry Reid (D-NV), and Senator Jon Tester (D-MT) for introducing a resolution that declares the first week of April as “National Asbestos Awareness Week” that seeks to “raise public awareness about the prevalence of asbestos-related diseases and the dangers of asbestos exposure.”

Text of the Resolution follows:

Whereas dangerous asbestos fibers are invisible and cannot be smelled or tasted;

Whereas the inhalation of airborne asbestos fibers can cause significant damage;

Whereas asbestos fibers can cause mesothelioma, asbestosis, and other health problems;

Whereas asbestos-related diseases can take 10 to 50 years to present themselves;

Whereas the expected survival time for those diagnosed with mesothelioma is between 6 and 24 months;

Whereas generally, little is known about late-stage treatment of asbestos-related diseases, and there is no cure for such diseases;

Whereas early detection of asbestos-related diseases may give some patients increased treatment options and might improve their prognoses;

Whereas the United States has reduced its consumption of asbestos substantially, yet continues to consume almost 2,000 metric tons of the fibrous mineral for use in certain products throughout the Nation;

Whereas asbestos-related diseases have killed thousands of people in the United States;

Whereas exposure to asbestos continues, but safety and prevention of asbestos exposure already has significantly reduced the incidence of asbestos-related diseases and can further reduce the incidence of such diseases;

Whereas asbestos has been a cause of occupational cancer;

Whereas thousands of workers in the United States face significant asbestos exposure;

Whereas thousands of people in the United States die from asbestos-related diseases every year;

Whereas a significant percentage of all asbestos-related disease victims were exposed to asbestos on naval ships and in shipyards;

Whereas asbestos was used in the construction of a significant number of office buildings and public facilities built before 1975;

Whereas people in the small community of Libby, Montana have asbestos-related diseases at a significantly higher rate than the national average and suffer from mesothelioma at a significantly higher rate than the national average; and

Whereas the establishment of a “National Asbestos Awareness Week” will raise public awareness about the prevalence of asbestos-related diseases and the dangers of asbestos exposure:

Now, therefore, be it

Resolved, That the Senate

(1) designates the first week of April 2009 as “National Asbestos Awareness Week”;

(2) urges the Surgeon General to warn and educate people about the public health issue of asbestos exposure, which may be hazardous to their health; and

(3) respectfully requests that the Secretary of the Senate transmit a copy of this resolution to the Office of the Surgeon General.

ADAO to hold Conference April 9-11 in Chicago

The Asbestos Disease Awareness Organization (ADAO) announced its 6th Annual Awareness Conference to be held April 9-11, 2010, in Chicago. Organized in collaboration with the Barbara Ann Karmanos Cancer Institute and the International Ban Asbestos Secretariat, the conference is a key part of the global movement to ban the use of asbestos and improve detection and treatment options for asbestos-related diseases.

The conference will feature experts addressing preventing asbestos use, resources for asbestos-related disease victims and their families, and advances in the diagnosis and treatment of asbestos-related disease. Speakers include Brazilian government official and asbestos issue activist Fernanda Giannasi, as well as Canadian MP Pat Martin. Canada and Brazil are major asbestos exporters, and bringing together these two speakers will facilitate useful dialogue. The conference is an opportunity to build advocacy networks and raise awareness around issues of asbestos and asbestos-related disease.

The ADAO will also honor leaders in the struggle to raise awareness, change policy, and hold asbestos producers accountable to the victims of asbestos-related disease. Additionally, it will honor the memory of those victims during the Unity and Hope Brunch, sponsored and hosted in part by Kazan Law. New this year, the conference will include a private gathering to support patients and their families and caregivers.

Kazan Law is proud to support and sponsor the Global Mission for this year’s conference:

Action to Prevent, Detect and Treat Asbestos-Related Diseases.

To learn more about the conference and to register for attendance, please visit the ADAO conference webpage.

Philip A. Harley Memorial 2010 Alameda County Mock Trial Competition

Last year we announced that the Alameda County Office of Education had renamed its annual Mock Trial Program the Philip A. Harley Memorial Mock Trial Competition in honor of our recently deceased partner and friend, Phil Harley. This year’s competition has ended with Amador Valley High School the winner. I attended the awards ceremony on March 2 and absolutely agreed with Sheila Jordan, the Alameda County Superintendent of Education, who noted that although only one school could win, there were no losers. The students were incredibly enthusiastic, and in conversations with students and coaches afterwards, they all made clear to us what a wonderful learning experience it had been for them.

The Mock Trial Program is supported by the Allen E. Broussard Scholarship Foundation, some of the proceeds of the annual Law Day Luncheon fundraiser, and by our firm.

We look forward to continuing our close relationship with the Office of Education in years to come, and watching the birth of the next generation of trial lawyers!

Individual award winners who received specific recognition based on their performance as attorneys, witnesses, bailiffs, reporters, and courtroom artists.

Planet Toys CSI: Crime Scene Investigation Kits

Last March I wrote about the discovery of these asbestos-contaminated kits for sale on Amazon.com. Subsequent posts described the results of our complaints and the removal of these products from the Amazon.com web site. I also had mentioned the potential class action lawsuit that was then being contemplated. The asbestos contamination of these products was discovered through a consumer testing program sponsored by the Asbestos Disease Awareness Organization and after the bankruptcy of Planet Toys, a class action case was brought against the companies that made and distributed these dangerous products. The suit was handled by counsel working with Public Justice and with the cooperation of ADAO. That case has now been resolved by an order filed in the United States District Court for the Seventh District of New York on February 23, 2010. If you ever bought this product, you should check the CSI litigation web site for information about claims forms and potential for compensation.

In essence, full refunds are available and anyone who still has one of these contaminated kits can send it in at the defendants’ expense for destruction in accordance with the highest standards of industrial hygiene and environmental safety.

Congratulations to ADAO, Public Justice, and the attorneys who handled this case. Sometimes, our legal system works.

Read More [PDF]

Amador Valley High Regains Title as Alameda County Philip A. Harley Memorial Mock Trial Champions

Amador Valley High regained its title in the Mock Trial Competition named in honor of our recently deceased partner, Phil Harley. Amador Valley will represent Alameda County at the statewide competition in San Jose next month.

The firm’s financial support helped sponsor students’ participation as they pursued academic achievement and career-building skills. We are delighted that we could help preserve this program during these tight budget times, and are very proud of the students for their accomplishments.

Read the full press release here.

Nanotech Breathalyzer: A Non-Invasive, Inexpensive Way to Diagnose Lung Cancer

Lung cancer kills 1.3 million people a year and is the leading cause of cancer death across the world. Nearly 220,000 men and women were diagnosed with lung cancer in the United States in 2009, with nearly 160,000 Americans dying from the disease. For years, researchers have been seeking a way to detect lung cancer at its early stages, when it is most treatable. A new device from Israel holds much promise. It may provide an inexpensive, faster, easier screen for cancer than X-rays or blood tests, and has the potential to save thousands of lives.

Using an array of sensors made of gold particles measuring five nanometers wide (one nanometer is 1/100,000 the width of a human hair) layered over a carbon substrate, scientists at the Technion-Israel Institute of Technology have developed an “electronic nose” able to distinguish the breath of lung cancer patients from those without the disease. The research results, published at Nature Nanotechnology, could lead to a rapid and non-invasive way of diagnosing and screening for lung cancer In an initial trial, the “breathalyzer” test was able to detect lung cancer with 86 percent accuracy.

Dr. Hossam Haick, one of the scientists working on the sensor, said he hoped it would allow doctors to have a simple test at hand to screen people during routine appointments. “Conventional diagnostic methods for lung cancer are unsuitable for widespread screening because they are expensive and occasionally miss tumors. Given the impact of the rising incidence of cancer on health budgets worldwide, the proposed technology will be a significant savings for both private and public health expenditures,” said Dr. Haick. “The potential exists for using the proposed technology to diagnose other conditions and diseases, which could mean additional cost reductions and enhanced possibilities to save lives.”

This test may give us a way to better understand and better identify those who might have lung cancer earlier, and to treat the disease in more effective ways.

It’s Not Just India: Canada Exports Death To Mexico

The hypocrisy of Canada’s asbestos industry was spotlighted during Quebec premier Charest’s trip to India . Yet it’s not just India that suffers. Canada’s anything-goes export policy regarding asbestos even extends to our neighbor to the south, Mexico.

Mexico has imported asbestos since 1932. The proliferation of companies manufacturing asbestos products in Mexico accelerated in the 1970s due to increasing regulation in more industrialized nations. By 2001, there were 1,881 companies in Mexico importing different types of asbestos, lured by lax occupational health and safety regulations as well as by cheap Mexican labor. Today, Chrysotile asbestos is most frequently used by local industry. Most of the asbestos used in Mexico today comes from Canada and Brazil.

A 2003 article in the International Journal of Occupational and Environmental Health studied asbestos-related diseases in Mexico from 1979 through 2000, noting how deaths from Mesothelioma, an asbestos-related cancer, increased as the number of asbestos-containing products in Mexico increased. During this period, there were 793 deaths from Mesothelioma with over 90% from people with no more than a primary school education. Lack of occupational health and safety professionals, deficient governmental standards, and an uninformed workforce will continue to fuel a Mesothelioma epidemic in Mexico.

A follow-up article from 2009 demonstrates “a clear relationship between industrial uses of all types of asbestos and MPM [Malignant Pleural Mesothelioma], and in Mexico the major type of asbestos is chrysotile imported from Canada,” and declares, “Based on our findings, we propose that the Mexican government must ban the use and commercialization of all forms of asbestos so as to prevent the epidemic clearly shown…and as an urgent measure to protect the life of future generations.”

We couldn’t agree more.

More about Canadian Asbestos in India

A week of protests and action meant to highlight the hypocrisy of Canada’s export of asbestos have marred Quebec Premier Charest’s trade visit to India.

Indian activists have woken up to the threat of asbestos. According to the Ban Asbestos Network of India (BANI), trade unions and activists have called upon Indian prime minister Dr. Manmohan Singh and Mr. Charest to:

* Ban mining, manufacture, use and trade of asbestos in both India and Canada
* Let the health experts set the policy on asbestos
* Revise their stand and support the listing of chrysotile asbestos in the PIC list of the Rotterdam Convention
* Ratify the ILO Convention on Asbestos
* Close all asbestos mines and take concrete steps to address the occupational, safety and compensatory concerns of workers employed in asbestos related industries

Workers, unionists and health professionals also sent the following letter to Quebec Premier Charest:

Dear Premier Charest:

We urgently request your solidarity with workers in India and the Global South. We appeal to you to stop exporting asbestos to India and other countries where it is handled by desperately poor workers under dangerous conditions and is creating a public health tragedy of disease and death for decades to come.

Quebec’s export of asbestos brings dishonor to the international reputation of Quebec.

Prominent health experts in Quebec, as well as the Canadian Medical Association, the Canadian Cancer Society, the Canadian Labour Congress, the Canadian Teachers’ Federation and professors of health at nine universities across Canada, have all asked that Quebec’s indefensible export of asbestos stop.

Health professionals in Quebec and elsewhere have condemned the misleading and untruthful information disseminated by the asbestos industry, pointing out that this untruthful information is endangering public health, especially in the world’s emerging economies.

95% of all asbestos ever used is chrysotile asbestos and everywhere it has been used, it has left behind a tragic epidemic of disease and death, such as the epidemic of mesothelioma, lung cancer and asbestosis happening today in Quebec and in other industrialized countries that, to their regret, used it in the past.

Consequently, Quebec and Western industrialized countries, such as the U.S., Europe and Australia, no longer use asbestos because they know from experience that it is impossible to use it safely. In fact, your government is spending millions of dollars to remove chrysotile and other forms of asbestos from Quebec’s schools, hospitals and buildings in order to protect the lives of the Quebec people.

We ask you not to practise a double standard: exporting chrysotile asbestos to people overseas while removing it from buildings in Quebec.

Your government’s own Quebec National Public Health Institute (INSPQ) has published fifteen reports, all of them documenting that it has proven impossible to handle chrysotile asbestos safely in Quebec itself, in spite of Quebec’s advanced technology and substantive regulatory regime. Consequently, your own Public Health Institute has recommended against your government’s policy of increased use of chrysotile asbestos.

We note that the Quebec government has asked the Canadian government to obstruct a U.N. environmental convention, the Rotterdam Convention. This Convention gives countries the right to be informed that chrysotile asbestos is hazardous, before it is exported to them. We consider it dishonours Quebec’s reputation to thus undermine human rights and to give greater priority to the interests of the asbestos industry than to the rights and the lives of people in developing countries.

We ask you to take this opportunity to show the international solidarity that the people of Quebec believe in. We ask you to put the health and lives of workers in India and the Global South ahead of short-sighted politics.

All the major trade unions of India and labour support groups have called for a ban on asbestos. Please listen to the voices of workers in India, as well as to your own Quebec health experts.

The government of South Africa, which was a major supplier of chrysotile asbestos, has now banned it. If the government of South Africa can put the lives of people ahead of the interests of the asbestos industry, we hope that you, representing the people of Quebec, will do the same.

We await your response with much hope.

Respectfully,

Endorsed by:

[Name – Organisation/affiliation]
1) Ashim Roy – New Trade Union Initiative
2) Dr Rajeev Sharma – Building and Wood Workers’ International
3) Dunu Roy – Hazard Centre New Delhi
4) H Mahadevan – All India Trade Union Congress/World Federation of Trade Unions
5) Jagdish Patel – People’s Training and Research Centre
6) Gopal Krishna – Ban Asbestos Network India
7) Madhumita Dutta – Corporate Accountability Desk-The Other Media
8) Madhuresh Kumar – National Alliance for People’s Movement
9) Manshi Asher – Researcher, Himachal Pradesh
10) Mohit Gupta – Occupational and Environmental Health Network of India
11) Nityanand Jayaraman – Independent Journalist, Tamil Nadu
12) Pralhad Malwadkar – Occupational Health and Safety Centre
13) Raghunath Manwar – Occupational Health and Safety Association
14) Rana Sengupta – Mine Labour Protection Campaign
15) Ravi Mohite – Krantikari Kamgar Union
16) Sanjay Singhvi – Trade Union Centre of India
17) Shibayan Raha – Activist, New Delhi
18) Shweta Narayan – Community Environmental Monitoring, Tamil Nadu
19) SIPCOT Area Community Environmental Monitoring Cuddalore, Tamil Nadu
20) Sreedhar Ramamurthi – Environics Trust, New Delhi
21) Dr Annie Thebaud-Mony – Ban Asbestos France
22) Dr Arindam Basu – Senior Lecturer in Health Sciences, University of Canterbury, Christchurch, New Zealand
23) Dr Arthur Frank – School of Public Health, Drexel University, USA
24) Eliezer Jo&atiltde;o De Souza – ABREA – ASSOCIAÇÃO BRASILEIRA DOS EXPOSTOS AO AMIANTO (Brazilian Asbestos Victims)
25) Fernanda Giannasi – Rede Virtual-Cidadã Pelo Banimento Do Amianto Para A América Latina (Ban Asbestos Virtual-Citizen Network For Latin America)
26) Laurie Kazan-Allen – International Ban Asbestos Secretariat
27) Omana George – Asia Network for the Rights of Occupational Accident Victims
28) Sanjiv Pandita – Asia Monitor Resource Centre
29) Shalini Sharma – Student, UK
30) Sugio Furuya – Ban Asbestos Network Japan and JOSHRC-JAPAN
31) Yeyong Choi – Ban Asbestos Network Korea
32) Dr Barry Castleman – Environmental Consultant, US
33) Dr Sabu George – Researcher, India
34) Asia-Ban Asbestos Network
35) Dr Domyung Paek – Scientist, Korea
36) Dr Takehiko Murayama – Scientist, Japan

Asbestos Use in India

Quebec Premier Jean Charest and 130 provincial leaders arrived in Mumbai, India’s business capital on Sunday to participate in a trade mission in order to solidify economic relations in the region.

His visit was met with protest. Sanjay Singhvi, secretary-general of the Trade Union Center of India, led a protest with union members affected by asbestos-related diseases, while Charest was in Mumbai. Singhvi spoke out against the asbestos industry, blaming it for sickening Indian workers. At least 20 percent of workers in India are exposed to asbestos on a regular basis.

The Canadian Asbestos Lobby claims chrysotile asbestos can be used safely as long as strict precautions are followed. The Indian asbestos industry also claims that the country’s factories have safety protocols in place to protect workers. Here are some photos of India’s asbestos industry. What do you think?

Quebec’s Asbestos Exports to India

Over 100 scientists from 28 countries are calling on Quebec Premier Jean Charest to ban the use and export of all forms of asbestos, on the eve of his trade mission to India.

The scientists accused Quebec of having a double standard regarding asbestos use, claiming the province’s behavior "seems to represent a high level of hypocrisy." Virtually none of the asbestos Quebec mines is used locally, yet it is promoted and exported to developing countries "where protections are few and awareness of the hazards of asbestos almost non-existent." India is the primary importer of Quebec’s deadly mineral fiber. The scientists reminded Charest, “Your government is spending millions to remove chrysotile asbestos and other forms of asbestos from Quebec’s schools, hospitals and buildings, while at the same time exporting it to developing countries and telling them it is safe."

"We are extremely disturbed that the asbestos industry in India – Quebec’s No. 1 asbestos customer, with whom the Quebec industry works closely – has recently sent letters to a number of scientists in India saying that legal action will be taken against them if they do not retract their statements and published articles concerning the threat to health posed by chrysotile asbestos," the letter says.

Signatories include assistant U.S. Surgeon General Richard A. Lemen, Devra Davis, Professor of Preventive Medicine at New York’s Mount Sinai Medical Centre, and Sue Janse van Rensburg, Executive Director of the Cancer Association of South Africa.

Canada’s $100-million-a-year asbestos industry is localized mainly in Thetford Mines, Quebec, home to the country’s last operational mine.

View the Montreal Gazette article dated January 29, 2010 here

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