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Future Challenges for Asbestos Policy in the Construction Industry

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Asbestos Disaster
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Abstract

Although virtuallty every asbestos product was prohibited in 2006, there remains the potential risk of asbestos exposure through existing buildings. Asbestos-containing materials in buildings require proper upkeep on a routine basis, and appropriate handling during structural demolition and other handling stages. Measures to deal with the asbestos that has accumulated in buildings face two major hurdles. One is the costs associated with maintenance and disposal, and the other is the task of ensuring total implementation. In terms of the construction industry, how to deal with asbestos-related diseases among workers is also significant. Many workers in the construction industry are actually the owners of small, one-person businesses, i.e., sole proprietors, and for that reason they are typically ineligible for workers accident compensation insurance even if they are given a diagnosis of an asbestos-linked illness. It is imperative to fully implement measures aimed at cultivating an accurate awareness of the problems, develop the necessary technologies and frameworks, ensure total compliance with the law, and secure the necessary funding to offset the costs.

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Notes

  1. 1.

    MLIT “Survey of sprayed asbestos coatings in privately owned buildings,” released on December 18, 2009. http://www.mlit.go.jp/report/press/house05_hh_000138.html. Accessed September 17, 2010.The scope of this survey was limited to private-sector buildings with a total floor space of 1  000 m2 or more, and built between 1956 and 1989. It was based on local municipal government requests for reports from property owners. Of 274  260 buildings covered by the survey, reports from property owners were received on 229  779. Of that subtotal, 16  212 had sprayed asbestos coatings on exposed surfaces.

  2. 2.

    MLIT (2006). “Promotion of Measures against Buildings Containing Asbestos.” by MLIT (in Japanese).

  3. 3.

    MLIT (2006). Ibid.

  4. 4.

    MLIT (2006). Ibid.

  5. 5.

    Taisei Corporation website. http://www.taisei.co.jp/giken/topics/1191574716210.html. Accessed September 17, 2010.

  6. 6.

    Kyoto Shimbun Newspaper, January 24, 2008.

  7. 7.

    Tokyo Doken (Tokyo construction labor union) (2007). “Manual for the Application of Workers Accident Compensation for Asbestos Diseases 2007.”

  8. 8.

    Tokyo Doken labor union documentation.

  9. 9.

    Tokyo Doken (2007).Op.cit.

  10. 10.

    Tokyo Doken (2007). Ibid.

  11. 11.

    On June 28, 2007, a decision in the Supreme Court ruled that sole proprietors do not correspond to workers under provisions of either the Labor Standards Law or the Workers Accident Compensation Insurance Law, and thus are not eligible to receive workers accident compensation insurance benefits.

  12. 12.

    Asahi Shimbun Newspaper, January 23, 2008.

  13. 13.

    Interview with Toshihiko Tsukuda, attorney for the Tokyo asbestos lawsuit legal team.

  14. 14.

    Ibid.

  15. 15.

    Ibid.

  16. 16.

    The headquarters, the plaintiff group, and the team of defense lawyers in the Construction-Related Asbestos Litigation in the Tokyo Metropolitan Area (2008). “The Petition of the Construction-Related Asbestos Litigation in the Tokyo Metropolitan Area.”

Reference

  • Morinaga K (2006) Why an asbestos problem now? In: Morinaga K (ed) Asbestos pollution and its health effect (in Japanese), 2nd edn. Nihon-Hyoron-sha, Tokyo

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Correspondence to Kazuhiko Ishihara .

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Ishihara, K. (2011). Future Challenges for Asbestos Policy in the Construction Industry. In: Miyamoto, K., Morinaga, K., Mori, H. (eds) Asbestos Disaster. Springer, Tokyo. https://doi.org/10.1007/978-4-431-53915-5_11

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