Japan’s highest court has ruled in favour of close to 500 plaintiffs across four lawsuits, who are seeking damages from the government for diseases contracted while working in construction and being exposed to asbestos.
The ruling noted that the Japanese government was negligent in its duty to protect workers from workplace-related diseases, including lung cancer and other asbestos-linked conditions.
The ruling said that manufacturers of construction materials that contained asbestos were also partially responsible.
Across Japan since 2008, a number of lawsuits with a combined total of 1.200 plaintiffs have been submitted relating to asbestos exposure at the nation’s construction sites.
In the ruling handed down most recently, the courts examined high court rulings, which had differing interpretations of assigning responsibility to manufacturers and the state.
Plaintiffs successfully argued that the state regulations for workplace health and safety standards around asbestos were insufficient – previous standards did not require workers to wear protective masks. It was also alleged that manufacturers of the asbestos-containing product did not properly communicate the dangers of asbestos exposure.
The state, conversely, argued that only company employees were required to be protected by the regulation and that self-employed workers were responsible for their own health and safety at work.
The use of asbestos in Japan is regulated and has been since the link between exposure and disease has been proven.
Asbestos in blue and brown form was banned in Japan in 1995, while white asbestos was only banned in 2004. However, the country had a loophole that allowed the use of asbestos products was allowed where no alternative materials were available until 2008.
According to a Guardian article from 2005, the rate of asbestos-related deaths, “according to health ministry data” was “almost 900 people… of mesothelioma in 2003 alone.” It is considered a time bomb, with many victims still likely unaware that they have been affected due to the decades-long latency period of asbestos-related diseases.
The government is yet to settle on the exact amount that victims and victim’s families will receive. Japan’s currently ruling Liberal Democratic Party has considered a proposal that would see the government pay compensation of up to ¥13 million ($152,736 AUD) to each victim exposed.