Evolution of laws and case law: towards compensation for asbestos victims
This development is the result of the work of the lawyer for asbestos victims who have multiplied the remedies to obtain recognition of the status of their victim clients and their compensation.
If the first texts regulating asbestos date from 1976-1977, the dangers resulting from the inhalation of dust in general, have for a long time been very limited.
Indeed, the law of June 12, 1893 "concerning the health and safety of workers in industrial establishments", stated in its article 2:
“The establishments referred to in article ter must be kept in a constant state of cleanliness and present the hygiene and sanitation conditions necessary for the health of the personnel. They must be arranged in such a way as to guarantee the safety of workers ... ”.
Since this law, a whole series of decrees have followed which have appeared in order to prevent the risks resulting from the inhalation of dust as well as possible and which were subsequently incorporated into the labor code.
In France, an ordinance of August 2, 1945 highlighted the harmful effects of asbestos through a pathology: pulmonary fibrosis, and we had to wait.
A few years later, a decree, the decree of August 31, 1950, set up a table: "table no. 30 of occupational diseases devoted to occupational asbestosis".
The risk of lung cancer will be highlighted much later, precisely in 1954, and for mesothelioma it will be in 1960.
It will be necessary to show patience because, the hygiene and control measures will not be put in place until 1997; In fact, the first texts only dealt with repair: the definitive ban on the most harmful forms of asbestos did not appear until 1994.
Despite a certain desire for legislative and regulatory framework, today we see with regret and revolt that asbestos is still used, especially in the building sector but also in railways, cars and in many utensils. of everyday life.
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