BRONCHOGENIC CARCINOMA (LUNG CANCER) IN ASBESTOS-EXPOSED WORKERS CONSULTATION RESULTS TABLE The PRD has reproduced, as received, the comments below

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1 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement 1 Ebco Industries Ltd Option 1(a) Strongly Disagree Option 1(b) Agree Option 2(a) Neutral Option 2(b) Neutral I believe a more suitable alternative to this needs to be updated in schedule b. I recognize that where a worker has been working in a recognized industry that the practice has been to simply accept versus investigate. There are many ways a person may become exposed and these need to be looked at and included in any assessment of such a serious contamination. The more recent information actually extends how long ago someone may have become exposed and this information needs to qulaified and shown as to whether or not it is factual. On the other hand if there is no definitive proof where someone has been contaminated, the claim should not be accepted. The workers, or employers or claim owners supposition should not be grounds for acceptance. As well as the claims owners lack of investigaion based upon "he said she said" arguments or "I believe this" with out factual proof. I have not had any information on the above and therefore have no comment except that all details, when accepted as part of a claim MUST be provable and based upon supposition. Page 1

2 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement Option 2(c) Neutral Option 3(a) Strongly Disagree Option 3(b) Strongly Disagree Option 3(c) Agree Option 4(a) Neutral Option 4(b) Neutral Option 4(c) The term "likley to have been exposed" is not difinitive and therefore not best evidence. I believe that only processes and industires where it is proven to exist should be added but all claims MUST be investigated and not simply accepted because there is a list... Page 2

3 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement Strongly Disagree 2 Canadian Hydro Developers, Inc. Option 1(a) Strongly Agree Option 1(b) Strongly Disagree Option 2(a) Strongly Disagree Option 2(b) Strongly Disagree Option 2(c) Strongly Agree Option 3(c) Agree Based on the Dr's conclusion and the fact that asbestosis is still an issue in the work force, Status Quo must be maintained. I believe the 2mm measurement criterion would prove to be a more accurate measure Based on system requirements; you would have to include a time measurement factor. This period may be further reduced in a number of years as asbsetos and its uses are removed Page 3

4 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement from workplaces and its effects are no longer a major concern. Option 4(b) Agree 3. Individual Worker Did not choose one of the suggested options. 4 Cressey Developments Group of Companies Option 1(a) Strongly Agree Option 2(a) A specified list would identify a requirement within specific industries for best practices I am really concerned about how a worker can prove asbestos related injury when the stuff is just all over the place. It's been found in home, commercial and industrial insulatation. As well it's been used in automotive brake shoes, household siding and host of other applications where exposure to asbestos fibre can be guaranteed. I feel that in all fairness this is a bigger problem than can be handled by worksafe bc. The problem is better handled by the federal government as they have far reaching powers and resources that the provincial authorities do not have. Appears to be supported by the study as presented Allows for the provision of another lung disease as an indicator, in the absence of Page 4

5 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement Agree Asbestosis Option 2(b) Strongly Disagree Option 2(c) Strongly Agree Option 3(a) Strongly Disagree Option 3(b) Agree Option 3(c) Strongly Disagree Option 4(a) Although the British study indicated a 20 year cumulative exposure, 10 years seems like a very long time. This is purely an emotional response, but my preference would be to see something between 5-10 years cumulative effect, in the indicated industries/classifications Because of the nature of many of BC's industries, which are not found in many other jurisdictions, even within Canada, I would personally advocate a specific Process/Industry Page 5

6 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement Strongly Disagree Option 4(b) Strongly Agree Option 4(c) Agree 5 Byrne & Associates Did not choose one of the suggested options. list for the Province. Only failing this, do I support the broad process approach, since this seems to require more case-by-case adjudication. General Comments: I am generally in support of the draft amendment formed as Appendix E in the discussion paper. I have a concern with respect to the overall discussion as it seems to ignore one of the most difficult problems with Schedule B. That is, it only comes into affect under section 6(3) where the worker "at or immediately before the date of disablement was employed in a process or industry mentioned in the second column of schedule B". This means that workers would have to have had exposure to asbestos near the time of their disablement even though they may have had a large cumulative exposure historically. For workers who are curently exposed to asbestos and become disabled section 6 and Schedule B work for them. However, for workers who have no exposure near the time of disablement section 6(3) and Schedule B are not helpful. I would suggest given the asbestos regulations in the past 10 years and the long latency periods for asbestos disease that very few workers could Page 6

7 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement take advantage of these proposed changes. 6 BC Maritime Employers Association Option 1(a) Strongly Agree Option 1(b) Disagree Option 2(a) Disagree Option 2(b) Strongly Disagree Option 2(c) Strongly Agree We support the current policy that provides the rebuttable presumption, of Schedule "B" of the Worker's Compensation Act, between workers's diagnosed with Asbestosis who develops primary lung cancer. This policy is supported scientifically and medically. We believe that the current policy providing the rebuttable presumption of Schedule "B" requires modification in keeping with the findings of Dr. Mark Cullen. Dr. Cullen's study found that workers with as little as 2mm of bilateral pleural thickening had an increased risk of lung cancer. While it is acknowledged that the presence of bilateral diffuse pleural thickening is not necessarily an indicator of how much exposure a worker had, it does confirm there was exposure and there is scientific evidence which indicates the risk of lung cancer was significantly higher among workers with exposure to asbestos as seen with diffuse pleural thickening greater than 2 mm. Having this presumption maintained, in this modified level, would greatly assist in the timely adjudication of these claims. However, it is also noted that worker's who have had significant asbestos exposure, without any Page 7

8 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement radiological evidence of pleural plaques, are also at a greater risk to develop lung cancer. Option 3(a) Strongly Agree Option 3(b) Disagree Option 3(c) Strongly Disagree We do not support a Cumulative Exposure Requirement because of the difficulty in qualifying and quantifying exposure levels. In some Industries you will have workers who are heavily exposed to friable asbestos on a regular basis while other workers in this same Industry will have little or no exposure to friable asbestos. We believe that the differences in exposure when coupled with the individual's lifestyle and genetic predispositions make exposure level requirements inaccurate and unfair. There is also a great deal of problem with reliability of historical Industry specific asbestos exposure levels. Option 4(a) Strongly Agree Option 4(b) Strongly Disagree Option 4(c) We do not support adding Certain Processes or Industries to the Cumulative Exposure Requirement for the reasons outlined above in Question # 3. However, should the decision be made in favour of creating Cumulative Exposure Requirements we prefer a broader approach in keeping with option (C) due to the difficulties in delineating exposure in specific processes or Industries. Page 8

9 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement Disagree 7 Construction Labour Relations Association of BC Option 1(a) Option 2(c) Option 3(a) Option 4(a) or in the alternative, 4(c) We understand the thrust of the proposed changes is to ensure that the adjudicative criteria established by Schedule B of the Workers Compensation Act are current and supportable based on the most current medical science. After a systemic, per-reviewed report, WorkSafeBC has identified four key areas that require attention: 1) The first issue is whether to maintain or delete the asbestosis requirement currently set out in Schedule B. CLR supports option 1(a), maintenance of the current policy framework whereby Schedule B provides a rebuttable presumption. This rebuttable presumption is supported scientifically and provides a balance between the needs of expedited adjudication and fiduciary responsibility. 2) The second issue is whether to maintain, delete or modify the bilateral pleural thickening or fibrosis requirement currently set out in Schedule B. The review completed by Dr. Finkelstein, and notably the study completed by Dr. Cullen, Page 9

10 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement indicates that the 5mm bilateral thickening criteria is problematic. We note that bilateral thickening is not the definitive indicator of how much exposure a worker has had throughout their working life, pleural thickening does indicate some exposure. CLR supports option 2(c), the amendment of the criteria level to 2mm as this level is supported by the literature. 3) The third issue is whether to add a requirement that a worker must be exposed to asbestos for a specified number of years (the cumulative exposure approach). CLR is not supportive of this change as we do not believe it is possible to accurately determine exposure levels either on the basis of quantity or quality. An industry approach is similarly problematic as specific individuals in positions throughout a given industry may have widely varying exposure, as would individuals within the same occupation. In our experience, the reliability of historical industry based asbestos exposure levels is seriously problematic as they cannot take into account exposure on an individual basis. We believe that exposure is one of the criteria that must be considered; individual lifestyle, genetic predispositions and other environmental factors must also be considered. We must stress that this consideration is not necessarily a barrier to a claim, but represents a key Page 10

11 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement element of the adjudicative process. We believe the establishment of any cumulative exposure requirement will lead to inaccurate and unfair assumptions. We therefore support option 3(a) which maintains the requirement that for cases that do not qualify for the presumption continue to be adjudicated on an individual case-by-case basis instead of a potentially arbitrary and unfair process. 4) The fourth issue is whether to add a list of certain processes or industries to a cumulative exposure period requirement to Schedule B. As noted above, we do not support the addition of a cumulative exposure approach and as such do not support the creation of a processes/industries component to that approach. We believe that any approach that fails to take into account the individual objective realities of an individual s circumstance is unfair. We believe that an approach that would group together processes or industries, in a historical context, will have significant flaws. Should a decision be made to include a cumulative exposure approach with a deemed process/industry component, we suggest that the only possible equitable option is 4(c) as this option goes further than the others to allow the adjudicator to recognize individual Page 11

12 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement circumstances. 8 & 9 2 Individual Workers Did not choose one of the suggested options. Given that pleural plaques are another name for a scaring membranes on the lungs which comes from asbestos fibers finding their way into the bronchial passages and lungs when breathing in this fibre. And, given that Power Plants required large amounts of insulation from high temperatures in involved in these sites And, given that asbestos was the choice for insulation in all older Power Plants. Therefore, Thermal Power Plants must not be excluded from the WSBC Act in any proposed amendments---nor should pleural plaques be removed as a for runner to asbestosis in the Act Also an Outreach Program should be set up in British Columbia as in Ontario,s WCB Act that was setup way back in 1976 I think that its about time that we catch up with the rest of Canada. As you know the incubation period can be well over twenty-five years before a cancerous tumor comes into effect. Page 12

13 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement 10 Individual Worker 1(a) Strongly Agree 1(b) Strongly Disagree From 1963 to 1965, I worked in a power house for a mill that all the piping contained asbestos. From 1965 to retirement (2003) I worked in the Burrard Thermal Power Plant. Probably the most polluted plant in all of BC with all three different types of asbestos. There were numerous studies done on asbestos contamination in the plant. WCB citations & fines. Plant safety meetings, and asbestos management committee set up trying to get the proper protective equipment. Filtration systems removed for budget purposes allowing further friable asbestos dust to recirculate in the air. The presumption of work causation in favour of a worker/retired worker should remain in the Act. Schedule B should go further, recognizing retired workers and their spouse, as shown in this study the incubation period for asbestos is 40 years. The critera of working should not be a factor. I was heavly exposed to friable esbestos of the three types for 40 years of my working history in one of the most polluted plants in BC. Now retired and past the 40 year incubation period my spouse and I should not be excluded from the Act because we are now retired. I received the contamination while working. I know alot of my fellow workers who were contaminated with asbestos in this plant that did not make it to retirement and died of cancer, of which some proven as a result of asbestos. Page 13

14 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement 2(a) Strongly Agree 2(b) Strongly Disagree 2(c) Strongly Agree 3(a) Strongly Disagree 3(b) Strongly Disagree 3(c) Strongly Disagree I agree with the Cullen findings. The goal post in favour of the worker who has been subject to exposure to asbestos should be reduced. We have documented material to the employer requesting proper protective equipment in dealing with asbestos. We have documented requests by BC Hydro's safety officers asking BC Hydro to provide proper safe procedures for the handling of asbestos at Burrard. Also expressing concern over the amount of friable asbestos laying around the plant. Therefor we as workers/previous workers, should not have extream limitations put on us to meet arms length numbers in the Act. Any reduction in favour of the worker from 5mm down to 2mm is logical. There are enough loops to jump through already in Schedule B of the Act. There are also the list of criteria that WSBC has given the adjudicators (probably listed in the adjudication manual) which is not listed in the act in dealing with an asbestos claim. But have been listed in this report. Therefore it is already for a ligitimate claim filed to WSBC being pocessed in favour of the worker. It would appear that you have to be next to your death bed, with many specialist opinion in your favour of causation, and work related to succeed on a claim. I have seen young work mates die at ages 46,52,55,56,58,62, and onwards. Some of these work mates were not in the employ much longer than 10 years. It is known that the imune Page 14

15 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement system for each individual is different. Some are more suseptable to the asbestos fibre and type than others. Some will get cancer from asbestos faster than others. I have been told that it takes only one fibre, and that a worker can even pack it home on his clothing exposing his family. Therefore I do not agree with putting another limit on the worker where it is a known fact as to what he is working in and around asbestos of any of the three types. It is also known that one type of asbestos is far greater hazard than another. You do not deal with this in your report. If a worker is exposed to asbestos, and gets asbestosis or cancer from ear hole to ass hole that should be cause enough for success on a claim when filed to WSBC. 4(a) Strongly Disagree 4(b) Strongly Agree 4(c) Strongly Power Plants must be added to any list once created. I believe there should be two lists. One specific: such as pulpmills, sawmills, Powers plants (such as Burrard Thermal Generating Station, this should be named specific on the list) These types of industry have a huge amount of asbestos insulation, gaskets, boiler linings, fire brick etc. The second list: such as brake repairs, laundries, etc. do not have the degree of exposure as in power plants. If compiling a list of industries containing asbestos is added to schedule B to fast track a claim in favour of the worker/retired worker it would only make sense. Make sure Page 15

16 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement Agree Power Plants (BC Hydro's BTGS)is on this list. It has been the most heavly polluted plant with all three types of asbestos since being built and my leaving in I am sure there are still friable asbestos fibres being circulated around the turbine hall as nothing has been done to restore the removed filtration units on the ventilating fans. It was just recently that I believe the ventalation fans for the C&A building were restored. General Comments: Schedule B should stay as is with the exception of: (1) Presumption of Work causation in favour of a worker should stay as is, with the addition of (/retired worker) after worker. The additional list of criteria for a claim added by the WSBC outside of the Act to adjudicators in deciding a claim should be abolished. Adjudicators should follow strict addherance to Schedule B of the Act and not a hidden critera list set out by WSBC. This list appeared in this report. (2) Agree with Cullen in reducing the 5mm thick down to 2mm. (Keep asbestosis in Schedule B of the act. I have know of two people going around with oxygen bottles to help them breath from asbestos, and they were heavly exposed to asbestos, but they don't have Page 16

17 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement cancer yet. If a list of industries containing asbestos is created, (which I agree with) to speed up claims Power Plants should be include. I feel given the anomally of the BC Hydro's Burrard Thermal Plant, this plant should have its own place on the list. This is due to from consturction to present its degree of the three types of asbestos. The amount of friable asbestos that has been circulated in the air (inside and outside) of the plant. The degree of paper work that has accumulated in reports, studies, fines, citations, safety minutes, safety officers, success in law suits against John Mansville in Texas in the millions. Schedule B under 3.2 (3) Modify to include an outreach program for retired workers as in schedule B so that all retired workers are include with present works for the same treatment. All retired workers should be treated with equality and farness in the adjudication of there claim. They should not once met the critera of schedule B have to be treated on an individual basis with a hidden WSCB adjudication critea list. Once the worker has passed away the spouse in her grief should not have to have an autopsy done on his/her spouse to establish an asbestos related cause to progress her claim to WSBC. It is common knowledge back in ( ) pension reserves were set up averaging $149,000 for each Page 17

18 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement claim to cover asbestos claims arising out of work-related asbestos exposures in BC Industry. What happened to this? Where are retired asbestos exposed workers who are no longer working but are now in the 40 year incubation period from work related exposure to one or more types of asbestos? I personally feel it is about time that Industry and WSBC recognize the long outstanding dedicated labor provide by individuals to the benifit of industry and the province, and in there retirement years and not create undue stress and hardship in their (Golden Years?) Retired workers should be teated with respect and dignity and recognized that they were exposed to friable asbestos in their work envirnment which causes a disability and compensated for it. Workers when retiring expect to live a few healthy years without disability, as they have given there healthy best years to industry. They should not have to worry about getting a Schedule B disease due to that work envirnoment. They should not be cast aside and scraped like a old used piece of machinery. Anything that gives retired workers the same rights as existing workers in BC I agree with. Reducing the requirements to be met in Schedule B for a worker who suffers a disabilty due to a hazardous work exposure environment must be done. Imune systems on individuals are different. Some will get asbestosis and cancer from work related expsoure at various ages. Some may still be short term employees and some may Page 18

19 Option 1: Option 2: Option 3: Option 4: Asbestosis (a) Status Quo Maintain Asbestosis Requirement in Schedule B (b) Delete Asbestosis Requirement in Schedule B Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (a) Status Quo Maintain Bilateral Diffuse Pleural Thickening or Fibrosis (b) Delete Bilateral Diffuse Pleural Thickening or Fibrosis Requirement (c) Modify Bilateral Diffuse Pleural Thickening or Fibrosis Requirement by Replacing 5mm with 2mm Cumulative Exposure Requirement (a) Status Quo Do Not Add Cumulative Exposure Requirement (b) Add Cumulative Exposure Requirement of 10 Years (c) Add Cumulative Exposure Requirement of 20 Years Add Certain Processes/Industries to the Cumulative Exposure Requirement (a) Status Quo Do Not Add Certain Processes/Industries to the Cumulative Exposure Requirement (b) Add Specific Processes/Industries to the Cumulative Exposure Requirement (c) Add Broad Processes/Industries to the Cumulative Exposure Requirement be long term employees, and some may be retired. The incubation period varies with the imune system of each employee. I am sure your records show this. Retired employees must not be discard, and must be treated equally. Page 19

20 11 Sheet Metal Workers International Association, Local Union No Hospital Employees Union Did not choose one of the suggested options. Did not choose one of the suggested options. 13 Dr. John M. Sehmer Option 2(c), but no other suggested options. I am writing to you on behalf of the 2000 members of the Sheet Metal Workers International Association Local Union No 280, in support of the submission by the BC Federation of Labour, British Columbia Building Trades and the Heat and Frost Insulators Local Union No 118 Labours submission includes a response by Dr. Chris McLeod, Phd and Dr. Paul Demers, Phd. We agree that WorkSafe s review by Dr. Finkelstein was far to narrow, and did not review the literature examining the link between lung cancer and asbestos exposure. Furthermore than Dr. Finkelstein s review failed to conduct a comparative review of compensation practices for asbestos-related lung cancers for developing countries, and jurisdictions similar to British Columbia. As a result of this limited review the proposed amendments will do little to address the legitimate compensation claims for asbestos related cancers suffered by the many hundreds of BC construction workers today, and thousands who will be impacted in the coming years. We strongly urge the Board to carefully consider the critique presented in this submission from the British Columbia labour community. I m writing to you on behalf of the HEU to provide unequivocal support for BC Federation of Labour s submission We support BC Federation position on non-agreement with the proposed policy amendments as articulated in the Fed s submission. We are concerned that the literature review conducted by the Board was too narrow in scope, it failed to consider important research evidences and especially, it will shift the burden of proof on workers. We hope the Board will strive to improve your systemic policy to provide fair compensation to workers and their families. As Dr. Vidal pointed out in his review, it is unclear what the specific conclusions are. The total document is 178 pages long. Page 178 contains Appendix E which is An Example of Revised Schedule B. I believe both workers and employers need to know if this example is what the Work Safe BC Board of Directors and the Policy Department of Work Safe BC is Page 20

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