Kenji Sarukura contributed to a white paper on compensation for asbestos-related health damage at construction sites and relevant laws (“Compensation for Asbestos-Related Health Damage at Construction Sites and Relevant Laws), issued by AIG General Insurance Company, Ltd.
White Paper, “Compensation for Asbestos-Related Health Damage at Construction Sites and Relevant Laws”
Outline
Asbestos-related health damage in the construction industry and how it is addressed are attracting more and more attention toward the year 2028 in which the number of cases of demolition of buildings using asbestos-containing materials is expected to reach its peak. The white paper describes the construction industry’s risks relating to asbestos exposure based on the newly introduced compensation scheme for health damage and recent amendments to the relevant laws and regulations.
Program
- Introduction (increasing risks related to asbestos exposure)
- Summary of health damage due to exposure to asbestos
- Recent trends concerning compensation for asbestos-related health damage
(1) Lawsuits concerning asbestos-related health damage
(i) The first asbestos lawsuit
(ii) Lawsuits by construction workers against their companies
(iii) Lawsuits by construction workers against building materials manufacturers (construction workers asbestos litigation)
(2) Compensation for asbestos-related health damage
(i) Workers’ compensation for asbestos-related disease
(ii) Asbestos-related health damage relief system
(iii) Construction workers’ asbestos compensation scheme - Amendments to asbestos-related laws and regulations
(1) Overview and issues addressed by regulations
(2) Major changes in the 2020 Amendments to the Air Pollution Control Act and the Ordinance on Prevention of Health Impairment due to Asbestos
(3) Subcontractors’ responsibilities
(4) Penal provisions for violations - Construction companies’ responses based on the amendments to asbestos-related laws and regulations
(1) Construction companies’ risks
(i) Penal provisions for violation of asbestos-related laws and regulations
(ii) Compensation for damages for construction workers
(iii) Liability to building owners, residents, etc.
(2) Actions to be required in the future
