Asbestos: The lies that killed

Asbestos, now banned in the EU, kills up to 4,000 people a year in the UK alone. In this exclusive report, Ed Howker reveals how the industry hid the truth for decades and why the death toll will certainly continue to rise.

There are nearly one million documents on microfiche sitting in the office of the Manchester Metropolitan University Business School academic Geoffrey Tweedale. They expose a scandal that ranks among the biggest and costliest of our age: how the Lancashire manufacturing giant Turner & Newall (T&N), once the world's largest asbestos conglomerate, exposed millions to a lethal carcinogen in full knowledge of its dangers, using PR firms and politicians to hide a truth that it had secretly admitted to in 1961, namely that "the only really safe number of asbestos fibres in the works environment is nil".

Hidden in this massive archive are documents, revealed here for the first time, which tell the story of corporate recklessness that has led to the deaths of thousands of men and women in Britain who were once exposed to asbestos.

People living in the Spodden Valley area of Rochdale in the 1950s used to joke that they would get frost all year round. The local wood was nicknamed "the snow trees" and even the blackberries picked in late summer were covered with a fine white powder. But the "frost" was no joke - it was asbestos blown from extractor fans at the Turner & Newall factory in the heart of the valley.

Derek Philips never worked there, but for 19 years lived just yards from the site. He played bass in a band with T&N workers and recalls the factory as "the centre of the community". The guitars hang on the walls of his current home, a static caravan in the Pennine foothills where he waits to die of one of the asbestos-related diseases - meso thelioma, which appears decades after exposure to asbestos and which is killing more than 2,000 people every year in the UK.

His plight has been all too common in Rochdale. In the 1980s the New Statesman reported that on some roads near the factory every second household had lost a family member to asbestos diseases.

"I was diagnosed in October [2007]," says Philips. "A month later they drained three litres of fluid from my lungs. I couldn't even stand up properly. I've just no chance, have I? I didn't know about the risks."

In the coming months, how he was exposed to asbestos and who he was working for at that time will become vital issues as lawyers fight to win compensation for Derek.

The latest gambit of some insurers is to claim that their liabilities extend only to victims whose disease manifests (is triggered) when they are actually at work, not when they were negligently exposed, which can occur decades earlier. The union Unite is backing one of six test cases that have been presented on behalf of victims to Mr Justice Burton, who will rule in the high court this autumn. If he finds for the insurers, thousands of mesothelioma victims could find themselves without compensation for their suffering.

This long-running war between victims and insurers has an unlikely new player: Warren Buffett, the richest man in the world, who will watch the results of the "trigger issue" case with interest. Next year, National Indemnity Company, a division of the billionaire's Berkshire Hathaway, will take control of an office in the City of London that is unable to respond to telephone inquiries and has only one full-time employee. This skeleton of a business is called Equitas. It was worth $8.7bn in cash and securities when Buffett took it over in 2006. It had been created a decade earlier by Lloyd's of London to solve a multibillion-dollar crisis in insurance: the overextended liabilities of Lloyd's Names.

 

Who is liable?

 

By the 1980s, the burden of asbestos-related insurance claims underwritten by Lloyd's Names had become so great that the Names were threatened with bankruptcy. Equitas was established to manage the liabilities. Nearly half its reserves are dedicated to asbestos reinsurance claims predominantly from the United States. Some experts considered even Equitas's billions insufficient to cover the insurers. Buffett's deal augments the fund by a further $7bn to cover any shortfall and the Names will heave a collective sigh of relief when the transaction is approved formally by the high court next year.

So, what is in it for Buffett? When the Financial Times first interviewed him about the proposed deal in 2006, he admitted: "It will be long after I am dead before we know the final answers on how it all works out." Meanwhile, however, he will gain access to some of the most capable reinsurance analysts in the world.

Geoffrey Tweedale, author of Magic Mineral to Killer Dust, comments: "The deal will only be profitable if Berkshire Hathaway can limit their liabilities." In other words, Buffett would have to limit payments to the insurers that compensate victims. Alistair Darling's "bonfire of red tape" announced in the last Budget will help.

In July, the Treasury amended the Employers' Liability Regulations to revoke the requirement for businesses to keep insurance records for 40 years. But, in asbestos-related cases, decades can pass between exposure and the development of the disease. Without records, victims may be unable to establish who is liable. Tony Whitston, who runs the Asbestos Victims Support Groups Forum UK, says: "It's a body blow to our groups who have to pick up the pieces when victims are unable to obtain justice."

The people of Rochdale have long experience of that.

Samuel Turner was a pioneer, spinning fireproof and corrosion-resistant textiles from Canadian asbestos on secondhand cotton machinery in the 1870s. From meagre beginnings, T&N grew to be the biggest asbestos conglomerate in the world, as well as a popular local factory.

Brian Penty worked at the site from 1963 until 1996: "There was a bowling green and Christmas parties for the kids," he explains. "It was a family thing. People never really took on board what was being said about asbestos."

Beneath the rosy tale of northern endeavour lurked a darker story. As early as 1898, government factory inspectors were warning that asbestos "easily demonstrated danger to the health of the workers". The T&N files first refer to asbestos cancer in Rochdale in the 1930s.

By 1947, the national factory inspector's report emphasised the incidence of lung cancer among asbestos workers but, astonishingly, no detailed research was undertaken by the government. Only in 1955 did Richard Doll, then a junior academic (and later famous for establishing the connection between tobacco-smoking and cancer), complete an epidemiological study in Rochdale which established the link between asbestos and cancer. He had been approached by T&N but the company initially refused to allow him to publish the findings. Later T&N persuaded its own scientist, Dr John Knox, to draft a paper discrediting Doll's work. Knox encouraged academic scepticism about asbestos diseases but clearly knew there was a problem. He regularly X-rayed employees and when the results showed them developing signs of disease moved them to less dusty jobs. They were not told why.

The signed witness statement of a worker who later died states: "They did not say in 1974 that I had asbestosis but I expect there was something on my X-ray which made them think it was time I came out."

And Brian Penty remembers a so-called "blood pressure survey" in 1982: "They actually drew blood. A couple of years later I was at my GP's surgery - he'd been sent the results. Apparently they were testing for asbestos in my bloodstream."

In public, T&N strove to be portrayed as a responsible employer. In 1944, a manager of the plant wrote to factory inspectors: "In a number of cases we make ex-gratia payments in addition to the statutory compensation. Where an employee has no standing for some technicality we pay compensation, as it appears desirable to deal with the problem on broad lines, and not to rely on some legal point in our favour."

Yet, when the first official asbestosis victim, Nellie Kershaw, died in 1924, the firm wrangled about paying compensation to her bereaved family. Finally they decided not even to contribute towards funeral expenses since, as one company manager warned, it "would create a precedent and admit responsibility". She was buried in an unmarked grave.

 

The T&N archives are full of death certificates of former employees, placed with internal correspondence never disclosed to grieving families. The official cause of death attributed to Edna Penham, a 64-year-old asbestos stripper at T&N, for example, was peritonitis. The company's personnel manager noted that his records showed she was "40 per cent disabled due to asbestosis", though there was no reference to this on her death certificate. It appears the coroner did not know. There was no inquest.

 

Keeping quiet

 

Eventually T&N employed the insurance giant Commercial Union to administer a fund for diseased employees. Geoffrey Tweedale found examples of former employees being placed under surveillance by the firm - desperate not to be held liable. Company policy appeared to be to mislead coroners' inquests, pay compensation only if forced and avoid payouts that might create precedents.

In 1964, T&N solicitors warned the directors: "We have, over the years, been able to talk our way out of claims but we have always recognised that at some stage solicitors of experience . . . would, with the advance in medical knowledge and the development of the law . . . recognise there is no real defence to these claims and take us to trial."

The company found government representatives only too pliant. One medical adviser is recorded as advising T&N to keep quiet about the cancer dangers of their product. In correspondence between two directors of the plant, the opinion of Professor Archie Cochrane, director of epidemiology at the Medical Research Council, was noted: "In tackling a problem of this nature [mesothelioma] one should either be completely frank with everyone or maintain complete secrecy - it is the latter that he feels is best at the moment."

In 1968, T&N circulated a confidential five-point plan entitled "Putting the Case for Asbestos". Drafted by the international PR firm Hill & Knowlton and designed to enable staff to field questions about asbestos cancer, it began, in capital letters: "Never be the first to raise the health question."

When government departments did raise questions about the safety of asbestos, the Board of Trade intervened, arguing that any suggestion that asbestos presented a danger would damage British jobs. So, the sale of asbestos products continued to grow in the UK throughout the 1960s and 1970s.

T&N also relied on the assistance of Cyril Smith, the larger-than-life Rochdale MP and parliamentary pioneer of the Saturday-night television chat-show sofa. During the summer recess of 1981, Smith wrote to Sydney Marks, the head of personnel, informing him that the House would debate EEC regulations on asbestos in the next parliamentary session.

The letter asks simply: "Could you please, within the next eight weeks, let me have the speech you would like to make (were you able to!), in that debate?"

T&N's draft is almost identical to the speech delivered by the Rochdale MP, stressing the need for less regulation and arguing that substitutes for asbestos should be approached "with caution". "The public at large are not at risk," said Smith. "It is necessary to say that time and time again."

Writing in the local paper, he claimed to have "worked very hard on the speech and have spent hours, both in reading and in being at the works, trying to master the facts about safety in asbestos".

A year later he declared 1,300 shares in the company. Six months after that J B Heron, the chairman of T&N, wrote to Smith again, thanking him for his assistance with the Commons select committee meetings which followed Alice, a Fight for Life, the Yorkshire Television documentary that highlighted the plight of T&N employees.

When last month the New Statesman approached Smith for a comment, he said: "If you've got the documents, it is all true."

 

Some may receive nothing

 

By 1999, the game was up for T&N when the European Union banned the import and production of asbestos throughout the EU. But with the factory's demise came the greatest in justice of all. In the UK, neither T&N nor its insurers faced substantial product liability claims or decontamination costs. Instead, the company was purchased by Federal-Mogul, a US company which later declared Chapter 11 bankruptcy - a status that ring-fenced its compensation liabilities.

With the company protected from its creditors, a UK-based T&N asbestos compensation scheme of just £100m was established by Federal-Mogul's UK administrators.

Those who, like Derek Philips, may have been victims of environmental exposure at T&N's factories may end up receiving little or nothing.

"The hardest thing," says David Cass, a solicitor specialising in compensation for mesothelioma victims, "is having to tell people who walk into my office, 'I won't get you an apology.'"

Who is left to provide one? T&N is now a shell. The civil servants and politicians who failed to regulate the industry are no longer in post; the insurers who took on the liabilities are long retired. They cannot account for their decisions now. But we will live, and many will die, with the consequences.

 

 

 

Asbestos: the killer facts

 

 

 

1

asbestos is the single greatest cause of work-related death in the UK

4,000

number of asbestos-related deaths in the UK in 2005

79

number of teachers who died from mesothelioma between 1991 and 2000

13,000

schools in Britain may have been built using asbestos materials

60

number of years after exposure to fibres it may take for an asbestos-related disease to manifest itself

25%

of victims of mesothelioma work in the building or maintenance industry

2.2 million

tonnes of asbestos were mined worldwide in 2005

Research: Adam Lewitt

 

     

    This article first appeared in the 01 September 2008 issue of the New Statesman, The truth about GM food

    Picture: Ralph Steadman
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    The age of disorder: why technology is the greatest threat to humankind

    Disruptive technologies might change the very nature of humanity – and no nation can fight on its own.

    Though human beings are social animals, for millions of years they lived in small, intimate communities numbering no more than a few dozen people. Even today, as the evolutionary biologist Robin Dunbar has shown, most human beings find it impossible properly to know more than 150 individuals, irrespective of how many Face­book “friends” they boast. Human beings easily develop loyalty to small, intimate groups such as a tribe, an infantry company or a family business, but it is hardly natural for them to be loyal to millions of strangers. Such mass loyalties have appeared only in the past few thousand years as a means of solving practical problems that no single tribe could solve by itself. Ancient Egypt was created to help human beings gain control of the River Nile, and ancient China coalesced to help the people restrain the turbulent Yellow River.

    Nations solved some problems and created new ones. In particular, big nations led to big wars. Yet people were willing to pay the price in blood, because nations provided them with unprecedented levels of security and prosperity. In the 19th and early 20th centuries the nationalist deal still looked very attractive. Nationalism was leading to horrendous conflicts on an unprecedented scale, but modern nation states also built systems of health care, education and welfare. National health services made Passchendaele and Verdun seem worthwhile.

    Yet the invention of nuclear weapons sharply tilted the balance of the deal. After Hiroshima, people no longer feared that nationalism would lead to mere war: they began to fear it would lead to nuclear war. Total annihilation has a way of ­sharpening people’s minds, and thanks in no small measure to the atomic bomb, the impossible happened and the nationalist genie was squeezed at least halfway back into its bottle. Just as the ancient villagers of the Yellow River Basin redirected some of their loyalty from local clans to a much bigger nation that restrained the dangerous river, so in the nuclear age a global community gradually developed over and above the various nations because only such a community could restrain the nuclear demon.

    In the 1964 US presidential campaign, Lyndon B Johnson aired the “Daisy” advertisement, one of the most successful pieces of propaganda in the annals of television. The advert opens with a little girl picking and counting the petals of a daisy, but when she reaches ten, a metallic male voice takes over, counting back from ten to zero as in a missile launch countdown. Upon it reaching zero, the bright flash of a nuclear explosion fills the screen, and Candidate Johnson addresses the American public: “These are the stakes – to make a world in which all of God’s children can live, or to go into the dark. We must either love each other. Or we must die.” We often associate the slogan “Make love, not war” with the late-1960s counterculture, but already in 1964 it was accepted wisdom, even among hard-nosed politicians such as Johnson.

    During the Cold War, nationalism took a back seat to a more global approach to international politics, and when the Cold War ended, globalisation seemed to be the irresistible wave of the future. It was expected that humankind would leave nationalistic politics behind, as a relic of more primitive times that might appeal at most to the ill-informed inhabitants of a few under­developed countries. Events in 2016 proved, however, that nationalism still has a powerful hold even on the citizens of Europe and the United States, not to mention Russia, India and China. Alienated by the impersonal forces of global capitalism, and fearing for the fate of national systems of health, education and welfare, people all over the world seek reassurance and meaning in the bosom of the nation.

    Yet the question raised by Johnson in the Daisy advertisement is even more pertinent today than it was in 1964. Will we make a world in which all human beings can live together, or will we all go into the dark? Can Donald Trump, Vladimir Putin and their like save the world by appealing to our national sentiments, or is the current nationalist spate a form of escapism from the intractable global problems we face?

    ***

    Let’s start with nuclear war. When the Daisy advert aired, two years after the Cuban missile crisis, nuclear annihilation was a palpable threat. Pundits and laypeople alike feared that humankind did not have the wisdom to avert destruction, and that it was only a matter of time before the Cold War turned scorching hot. In fact, humankind successfully rose to the nuclear challenge. Americans, Soviets, Europeans and Chinese changed the way geopolitics had been conducted for millennia, so that the Cold War ended with little bloodshed, and a new internationalist world order fostered an era of unprecedented peace. Not only was nuclear war averted, but war of all kinds declined. Since 1945, surprisingly few borders have been redrawn through naked aggression, and most countries have ceased to use war as a standard political tool. In 2016, despite wars in Syria, Ukraine and other hot spots, fewer people died from human violence than from obesity, car accidents or suicide. This may well have been the greatest political and moral achievement of our times.

    Unfortunately, we are so used to this achievement that we take it for granted. This is partly why people allow themselves to play with fire, and that includes not only the latest Russian adventures in eastern Europe and the Middle East, but also the choices made by European and American voters.

    The Brexit debate in Britain revolved mainly around questions of economics and immigration, while the EU’s vital contribution to European and global peace has largely been ignored. After centuries of terrible bloodshed, the French, Germans, Italians and Britons have finally built a mechanism that ensures continental harmony – only to have the British public throw a wrench into the miracle machine. Meanwhile, Donald Trump mixes calls for US isolationism with plans to strengthen the country’s nuclear arsenal and reignite a nuclear arms race, thereby threatening to undo the hard-won gains of the past decades and bring us back to the brink of nuclear annihilation.

    It was extremely difficult to construct the internationalist regime that prevented nuclear war and safeguarded global peace. No doubt we need to adapt this regime to changing conditions in the world: for example, by relying less on the United States and giving a greater role to non-Western powers such as China and India. But abandoning this regime altogether and reverting to nationalist power politics would be an ­irresponsible gamble.

    True, in the past, countries played the ­nationalist politics game without destroying human civilisation. But that was in the pre-Hiroshima era. Since then, nuclear weapons have raised the stakes and changed the fundamental nature of war and politics. No matter whom American voters elect to the presidency, the atom bomb is still there and E still equals MC². As long as human beings know how to enrich uranium and plutonium, their survival will depend on privileging the prevention of nuclear war over the interests of any particular nation. Zealous nationalists should ask themselves whether their nation by itself, without a robust system of international co-operation, can protect the world – or even itself – from nuclear destruction.

    On top of nuclear war, in the coming decades humankind will face a new threat to its existence that hardly registered on the political radar in 1964: climate change. If we continue with our present course it is likely that global warming, ocean acidification and ecological degradation will result in unprecedented economic, political and social problems, and might well destroy the foundations of human prosperity. What is the nationalist answer to climate change? How can any nation, however powerful, stop global warming on its own? Will the US build a wall against rising oceans?

    When it comes to climate, countries are not sovereign, but are at the mercy of actions taken by governments on the other side of the planet. As long as 200 governments pursue 200 different ecological strategies, shaped by their unique needs and interests, none is likely to succeed. With present-day technology, any serious measures to stop global warming are likely to slow down economic growth. Such a policy carries an unbearable political price if it is undertaken by a single country while others continue with business as usual. Any US administration that deliberately slowed down economic growth for environmental reasons would be bound to lose the next election; a Chinese administration that does so courts revolution tomorrow morning. In a nationalist and xenophobic world no government will sacrifice itself for the greater good of humanity, as Trump’s actions show.

    ***

    Indeed, nationalism is even more dangerous in the context of climate change than that of nuclear war. An atomic bomb is such an obvious and immediate threat that even the most ardent nationalist cannot ignore it. Global warming, by contrast, is a much more vague and protracted menace. Hence, whenever environmental considerations demand some painful sacrifice, nationalists will be tempted to put the national interest first, reassuring themselves that we can worry about the environment later, or just leave it to people elsewhere. Alternatively, as in the case of Trump, they may simply deny the problem. It isn’t a coincidence that scepticism about climate change is usually the preserve of nationalist politicians. They have no answer to the problem, and so they prefer to believe it does not exist.

    The same dynamics are likely to spoil any nationalist antidote to the third large threat to human existence in the 21st century: technological disruption. New technologies, particularly in the fields of bioengineering and artificial intelligence, will soon give humankind unprecedented, godlike powers. Whereas previously human beings learned to produce food, weapons and vehicles, in the coming decades our main products will probably be bodies, brains and minds. However, it is extremely difficult to foresee the potential impact of such technologies. They open the door to an entire supermarket of doomsday scenarios.

    If and when artificial intelligence (AI) surpasses human intelligence, it may be given control of weapon systems and crucial decisions, with potentially calamitous consequences. In addition, as AI outperforms human beings in ever more tasks, it might push billions of us out of the job market, creating a new “useless class” of people, devoid of both economic value and political power. Meanwhile, given enough biometric data and enough computing power, external algorithms could know us better than we know ourselves, and then governments and corporations could predict our decisions, mani­pulate our emotions and gain absolute control over our lives.

    On the bioengineering front, breakthroughs in genetics, nanotechnology and direct brain/computer interfaces could unleash deadly new epidemics or disturb our internal mental balance. In past centuries we have gained control of the world outside us and reshaped the planet, but because we didn’t understand the complexity of the global ecology, the changes we made inadvertently disrupted the entire ecological system. In the coming century we will gain control of the world inside us and reshape our bodies and brains, but because we don’t understand the complexity of our own minds, the changes we will make might disrupt our mental system. In addition, bioengineering might for the first time in history translate economic inequality into biological inequality, creating an upper caste of enhanced superhumans, and relegating the poor to the dustbin of evolution.

    What is the nationalist answer to these menaces? As in the case of global warming, so, too, with technological disruption: the nation state is the wrong framework to address the threat. Given that research and development are not the monopoly of any one country, even a superpower such as the US or China cannot restrict them by itself. If the US government forbids the genetic engineering of human embryos, it won’t prevent North Korean scientists from doing such work. And if the resulting developments confer on North Korea some crucial economic or military advantage, the US will be tempted to break its own ban. Particularly in a xenophobic, dog-eat-dog world, if even a single country chooses to pursue a high-risk, high-gain technological path, other countries will be forced to do the same, because nobody can afford to remain behind. In order to avoid such a race to the bottom, humankind will probably need some kind of global identity and loyalty.

    Whereas nuclear war and climate change threaten only the physical survival of humankind, disruptive technologies might change the very nature of humanity, and are therefore entangled with human beings’ deepest ethical and religious beliefs. Although everyone agrees that we should avoid nuclear war and ecological meltdown, people have widely differing opinions about using bioengineering and AI to upgrade human beings and to create new life forms. If we fail to cobble together globally accepted ethical guidelines, it will be open season for Dr Frankenstein.

    When it comes to formulating such ethical guidelines, nationalism suffers above all from a failure of the imagination. Nationalists think in terms of territorial conflicts lasting centuries, whereas the technological revolutions of the 21st century should be understood in cosmic terms. Ever since its appearance on Earth, four billion years ago, life has been governed by the laws of natural selection. During those aeons, whether you were a virus or a dinosaur, you evolved according to the principles of natural selection. No matter what strange shapes life took, it remained confined to the organic realm. Whether a cactus or a whale, you were made of organic compounds. Now science might replace natural selection with intelligent design, and might even start creating non-organic life forms. After four billion years of organic life shaped by natural selection, science is ushering in an era of inorganic life shaped by intelligent design. What has Israeli, Russian or French nationalism got to say about this? In order to make wise choices about the future of life we need to go way beyond the nationalist viewpoint and look at things from a much wider perspective.

    ***

    The nationalist wave sweeping across the world cannot turn the clock back to 1939 or 1914. Technology has changed everything by creating a set of global threats to human existence that no nation can fight on its own. A common enemy is the best catalyst for forging a common identity, and humankind now has three such enemies – nuclear war, climate change and disruptive technology. If, despite these threats, we choose to privilege our particular national loyalties above everything else, the results may be far worse than in 1914 and 1939.

    A much better path is the one outlined in the EU’s constitution, which states that “while remaining proud of their own national identities and history, the peoples of Europe are determined to transcend their former divisions and, united ever more closely, to forge a common destiny”. There is still plenty of room in the world for the kind of patriotism that celebrates the uniqueness of my nation and stresses my special obligations towards it. Yet, if we want to survive and flourish, humankind has little choice but to complement such local loyalties with substantial obligations towards a global community.

    In previous centuries national identities were forged because human beings faced problems and discovered opportunities that went far beyond the scope of ­local tribes, and which only countrywide co-operation could hope to handle. In the 21st century, nations find themselves in the same situation as the old tribes.

    We need a new global identity, because national institutions are incapable of managing a set of unprecedented global challenges. We now have a global ecology, a global economy and a global science – but we are still stuck with only national politics. This mismatch prevents the political system from countering our main problems effectively.

    To have effective politics, we must either de-globalise the ecology, the economy and the march of science, or we must globalise our politics. As it is impossible to ­de-globalise the ecology and the march of science, and as the cost of de-globalising the economy will probably be ruinous, the only solution is to globalise politics.

    Yuval Noah Harari lectures at the Hebrew University of Jerusalem. His latest book is “Homo Deus: a Brief History of Tomorrow” (Vintage)

    This article first appeared in the 01 September 2008 issue of the New Statesman, The truth about GM food