EDITORIAL: Asbestos damages suit

More than 100 factories of asbestos sheets used to operate in the Sennan district of Osaka Prefecture, which is located along the coast facing the offshore Kansai International Airport. The mills supported the military industry before and during World War II and then underpinned the growth of postwar mainstay industries such as automobile and shipbuilding. It is said that huge piles of asbestos covered the ground both inside and outside these factories.

A group of former workers at these plants filed a damage suit against the state, claiming the state's failure to restrict the use of the carcinogenic material caused them to develop lung cancer and other major health problems.

In a ruling Wednesday, the Osaka District Court ordered the government to pay 430 million yen ($4.7 million) in compensation to the victims of asbestos exposure. The court argued that the government was at fault for failing to adopt ministry ordinances and take appropriate measures to deal with the health hazard. It is the first court ruling to hold the state responsible for asbestos-related health damages.

Asbestos is a naturally occurring mineral fiber. When asbestos fibers are inhaled, they can get trapped in the air passages of the lungs, eventually causing diseases like lung cancer and mesothelioma, an uncommon cancerous tumor of the lining of the lung. Since mesothelioma develops after a prolonged period, usually 10 to 40 years, it is sometimes called a "quiet time bomb."

It has long been known that asbestos particles cause health problems. In a move to prevent asbestos-caused health damage, the government enacted the pneumoconiosis law in 1960. But the law did not make it mandatory for companies to install exhaust equipment in factories and offices where workers could be exposed to asbestos. Even after the installation of such equipment was mandated in 1971 under a ministry ordinance, the government didn't require companies to measure the level of particles in the air or improve working environments. The ruling said the government's flawed responses resulted in widespread health damages.

Meanwhile, the health risk posed by asbestos became a major issue around the world. Some Western nations banned the use of the material in the 1980s. Japan, however, continued using considerable amounts of asbestos until the mid-1990s.

Industries using asbestos opposed a ban, saying there was no alternative to the material and that the risk could be controlled through careful management. The government bought their arguments.

The asbestos disaster highlights afresh an issue raised by many past cases of environmental pollution. Tightening regulations puts a heavy burden on businesses, but economic efficiency must not be put before the safety and health of people. The court made that point clear by saying the health and safety of workers should not be treated lightly.

The administration of Prime Minister Yukio Hatoyama should first admit the state's responsibility for the spread of asbestos-related damages and offer an apology to victims. The government should then start working on fresh relief measures. Whatever happens, it should not appeal the ruling.

In 2005 in Amagasaki, Hyogo Prefecture, asbestos-related health problems among residents near a factory operated by machinery maker Kubota Corp. came to light. The discovery led to the enactment in 2006 of a law to provide relief to asbestos victims who are not covered by the workers' accident compensation insurance program.

But the monthly allowances of 100,000 yen to cover treatment expenses and other benefits provided under the law are grossly insufficient. The law is supposed to be reviewed about five years after coming into force. The court decision should prompt the government to expand measures to help people with health problems caused by unexpected risks.

A whopping 10 million tons of asbestos has been used in Japan. According to an estimate, 100,000 people will die of mesothelioma in the next four decades. Many of the buildings containing asbestos are about to reach the end of their service life and be dismantled for rebuilding.

The health hazard posed by asbestos is by no means a thing of the past. The government should take the court ruling as its cue to make up for its delay in responding effectively to the problem.

--The Asahi Shimbun, May 20