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The widower of a retired school secretary, who died from lung cancer 26 years after she was exposed to lethal asbestos dust while the central heating system at her workplace was being renewed, has won compensation of £130,000.
The woman had complained about the 'filth and dust' generated during the works carried out at the school in the mid-1980s. Contractors had stripped out asbestos-lagged boilers and pipes and members of the woman's family remembered her clothes and office being covered in layers of dust.
Her son described her working conditions as 'outrageous' and her widower spoke of seeing workmen in masks and overalls dumping rubbish in an open skip. She was diagnosed with mesothelioma – a cancer of the lining of the lungs notoriously linked to asbestos – in 2010 and died the following year, aged 76.
Her widower launched proceedings against Birmingham City Council, her employer at the time of her exposure. Finding in his favour, the court noted that there was no evidence that the workmen had taken any steps to prevent the spread of the harmful dust. As recently as 2009, a survey of the building had uncovered loose debris and material in the boiler room which was judged to pose a high risk, requiring removal.
The court concluded, "This woman was exposed in the dusty and dirty environment in which she worked – both in her office and around the school – and no precautions were taken to protect her from that dust and its constituents. That was contrary to the standards expected at the time."