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But asbestos is also a story of unparalleled corporate callousness. For more than 50 years, company after company was willing to lie to their workers about the known hazards of asbestos, mislead regulators, manipulate science, and delay worker safeguards. During all of this time, not a single producer, user, or insurance company stepped forward to defend the health and rights of workers who, with full knowledge of management and medical staff, were literally dying by the thousands from exposure to this substance.
Even full compliance with the OSHA standard does not mean that workers will not die from asbestos caused cancer and other diseases. The preamble to the OSHA standard itself estimates that one in every 300 workers will develop lung cancer from exposure at the legal limit (OSHA 1986). A more recent assessment concludes that one in every 200 workers will develop lung cancer if they are exposed to a career's worth of asbestos at the OSHA "safe" level. One in 500 will develop asbestosis under a similar exposure scenario (Stayner 1997). The federal government estimates that 1.3 million Americans currently are exposed to asbestos on the job (OSHA 2004).
"The Chapter 11 companies have been able to continue operations successfully. Indeed, with few exceptions, they have prospered, increasing their sales. They have been able to maintain their assets and employment, meet their obligations to business creditors and employees, and make capital investments that will allow them to continue to prosper." (Benston, 2003, at 5).
To enhance its liquidity, Owens Corning has obtained a $500 million debtor-in-possession financing commitment from Bank of America. Upon court approval, these funds will be available to the company to help meet its future needs and fulfill obligations associated with operating its business, including payment under normal terms to suppliers and vendors for all goods and services that are provided after today's filing. Employees will continue to be paid in the normal manner and their health benefits, as well as those of retirees, will not be disrupted. The company's pension plan for retirees and vested employees is fully funded and protected by federal law.
"[w]ith the Chapter 11 process we can finally put this difficult issue behind us in a fair and responsible manner and move forward with our resources and energies focused on competing successfully in the global marketplace." Cy Goldberg & Dareen J. Check, Bullseye Gets Bigger on Peripheral Defendants: The Effect of Bankruptcies on Asbestos Litigation, The Legal Intelligencer (Apr. 25, 2001).
By the 1930s, asbestos manufacturers and their insurance companies knew that asbestos was killing workers at alarming rates. In 1934, Aetna insurance company published the Attorney's Textbook of Medicine, which devoted a full chapter to asbestos exposure, noting that asbestosis was "incurable and usually results in total permanent disability followed by death." (Bowker, pg. 18)
We present here a small selection of insurance and manufacturing company documents made public through litigation. These papers reveal a brazen disregard for the men and women who, by the 1960s, were dying by the thousands each year for these businesses, a history of abuse and deception that is unparalleled in American industrial history. In large measure, it is the written words of these company executives that have convinced juries across America that workers and their families deserve full compensation for their suffering.
During the 1950s and 60s, companies were fully aware of the potentially fatal consequences of working with asbestos, including its ability to cause cancer, yet millions of workers were exposed to asbestos on the job with virtually no health protections.
"First, there is no doubt that the inhalation of substantial amounts of asbestos can lead to increased rates of various types of lung disease, including two forms of cancer. These are facts which cannot be denied, even if they do not apply in all circumstances and under all conditions. The medical literature is full of solid evidence linking asbestos to disease. In my office, I have on file more than 2,000 medical papers dealing with the health risks of asbestos and hundreds more are published every year."
A small number of family members of asbestos workers have successfully pursued compensation through the courts. Of the 107,000 client records received by EWG Action Fund from plaintiffs' attorneys, 882 individuals were exposed at home. Of this number, which accounts for less than one percent of total victims represented, 56 developed lung cancer, 77 developed mesothelioma, 672 developed asbestosis, and 77 had other diagnoses.
Older public buildings where asbestos may be decaying and slowly drifting into indoor air is another major concern. The EPA estimated in 1982 that more than 720,000 public buildings had significant amounts of asbestos in them. Leaving aging asbestos in place is no guarantee of safety, and removing it can be highly dangerous if not done carefully. There is substantial evidence that much asbestos removal does not meet federal standards.
The original X-ray reading system for workers exposed to asbestos was devised by the National Institute for Occupational Safety and Health and involved four different specialists, called B readers, reading and classifying X-rays independently. The outlier result, most often the most severe classification, was then discarded, and the classification for the individual was derived as the average of the remaining three ratings. A diagnosis was not considered complete, however, until a full evaluation, including all the components listed above, was performed.
The Federal-Mogul company presents a tortuous case study of a corporation that knowingly became enmeshed in asbestos liability as a business acquisition strategy; entered into the development of a traditional asbestos reorganization plan to deal with asbestos claims; aggressively sought a bail-out from Congress to reduce those liabilities in lieu of a reorganization plan; and finally, and forcefully, rejected the Frist-Hatch bill (S. 2290) as unfairly costly to the company.
Federal-Mogul acknowledges today on its website that, prior to those acquisitions, the company was fully aware of the asbestos liabilities involved, yet proceeded with the acquisitions with the confidence that it could handle the consequences.
Absolutely not. We are addressing the company's asbestos liability through the financial restructuring proceedings to preserve and strengthen our business, so that we can compete successfully in the future.
a. At the dawn of the Third Millenniumb. The significance of this documentc. At the service of the full truth about mand. In the sign of solidarity, respect and love
In this light, men and women are invited above all to discover themselves as transcendent beings, in every dimension of their lives, including those related to social, economic and political contexts. Faith brings to fullness the meaning of the family, which, founded on marriage between one man and one woman, constitutes the first and vital cell of society. It moreover sheds light on the dignity of work, which, as human activity destined to bring human beings to fulfilment, has priority over capital and confirms their rightful claim to share in the fruits that result from work.
It is in this light that the publication of a document providing the fundamental elements of the social doctrine of the Church, showing the relationship between this doctrine and the new evangelization, appeared to be so useful. The Pontifical Council for Justice and Peace, which has drawn up the present document and is fully responsible for its content, prepared the text in a broad-based consultation with its own Members and Consulters, with different Dicasteries of the Roman Curia, with the Bishops' Conferences of various countries, with individual Bishops and with experts on the issues addressed.
31. The Face of God, progressively revealed in the history of salvation, shines in its fullness in the Face of Jesus Christ crucified and risen from the dead. God is Trinity: Father, Son, and Holy Spirit; truly distinct and truly one, because God is an infinite communion of love. God's gratuitous love for humanity is revealed, before anything else, as love springing from the Father, from whom everything draws its source; as the free communication that the Son makes of this love, giving himself anew to the Father and giving himself to mankind; as the ever new fruitfulness of divine love that the Holy Spirit pours forth into the hearts of men (cf. Rom 5:5).
38. The salvation offered in its fullness to men in Jesus Christ by God the Father's initiative, and brought about and transmitted by the work of the Holy Spirit, is salvation for all people and of the whole person: it is universal and integral salvation. It concerns the human person in all his dimensions: personal and social, spiritual and corporeal, historical and transcendent. It begins to be made a reality already in history, because what is created is good and willed by God, and because the Son of God became one of us. Its completion, however, is in the future, when we shall be called, together with all creation (cf. Rom 8), to share in Christ's resurrection and in the eternal communion of life with the Father in the joy of the Holy Spirit. This outlook shows quite clearly the error and deception of purely immanentistic visions of the meaning of history and in humanity's claims to self-salvation.