Getting lung cancer after having worked exposed to asbestos, silica, cadmium, chromium or other carcinogenic substances, with the aggravating factor of not knowing the risk, because the company did not adopt the safety measures required by law. It is a clear crime against the health of working people. However, those who hide occupational cancer acquire a similar responsibility to the employer who neglects to adopt safety measures. Observing the cruelty with which “denialists” of various kinds express themselves, their shameless lies, the accusations of the “smoking habit” that the patient gave up decades ago or excuses such as: “the risk was not known”, “there was no safety legislation before 1984”, “the cancer you suffer from does not come from asbestos”, anything goes to deny the occupational origin of the disease, hindering even a small repair of the damage caused.
On March 16, 2023, the Official Journal of the European Union reported that in the EU, there are 90,370 deaths from cancer annually due to the inhalation of asbestos fibers. The European Commission points out that exposure to carcinogenic substances causes 52% of occupational deaths, with figures much higher than deaths from work-related accidents. Meanwhile, in the Kingdom of Spain, more than a hundred occupational cancers are not recognized, nor is their prevention a business and institutional priority.
Although in the Basque Country, there are more and more claims, I perceive a regression, trying to stop the recognition and demoralize the claimant. Although it is true that there are still many patients who do not claim occupational disease benefits, either due to ignorance or the negligence of the Advisors, who prefer to avoid problems with Mutuals and companies. Also, because the majority of health professionals do not comply with RD 1299/2006, which requires them to “Report suspicion”. As a consequence, the professional origin of the neoplasia is hidden and preventive measures are not adopted, while the cancer epidemic will continue to multiply. Occupational cancer is not an isolated event, it grows like mushrooms, where one appears, more cases will appear if it is monitored. Companies, prevention services, mutuals, health inspection, INSS and regional governments remain silent and ignore the risk, including the lung cancer epidemic that affects those who worked in the steel industry. The insignificant figures for occupational cancer recorded by Cepross, compared to other European countries, are the best example of the success of the “denialists” against the application of European legislation on occupational diseases. It is logical that these deaths do not generate the same social impact as deaths caused by falls from a height while working, although this does not justify the weak social response. The fact that in the last two years, 50% of occupational cancers recorded in Cepross correspond to the Basque Autonomous Community, should be a reason for social reflection, above all, to motivate the fight against its concealment.
Obstructing the claimant. If you have lung cancer and you can prove that you worked exposed to carcinogens, companies or their mutual insurance companies can lie and obstruct, but they have a hard time denying the right to occupational disease benefits and subsequent claim for damages. The practice of taking forever to resolve the benefits by the INSS seeks to discourage the claimant and, above all, to ensure that the compensation for damages to be paid by the company is substantially lower due to the death of the patient, while they delay the process.
Some examples of obstruction: Claudio B was born in 1948, a resident of Arrasate, who worked at ELMA SAL and Fundiciones Gelma between 1987 and 2008. At the beginning of 2023, he was diagnosed with lung carcinoma and was included by Osalan on the List of workers exposed to asbestos in the foundry. On 20/02/23, I filed his application for Permanent Disability with INSS Donostia. Before that, in a telephone conversation with the Alava oncologist who was treating him, he denied that the tumor was derived from asbestos, expressing his refusal to comply with article 5 of RD 1299/2006, which requires them to “Report suspicion” to Osalan or the Health Inspection, regarding the possible occupational origin of the disease.
I know that, more than a year ago, the INSS EVI (Assessment Team) proposed granting him Absolute Disability due to Occupational Disease, which would mean improving his pension, including his widow’s pension, after his death, with the right to claim damages from Fundiciones Gelma, for failing to comply with the legislation intended to protect the health of its workers. Later, his illness was compounded by prostate cancer, which probably derives from the cadmium smoke inhaled in the foundry, that is, also of occupational origin.
Sixteen months later, we are still waiting for the INSS Resolution, receiving month after month the same excuse: “We have asked F. Gelma for the salaries that correspond to him and they have not paid them.” Everything seems to indicate that there is an agreement between the INSS management, the Atusa Group and the Mutual, to hinder the recognition of Occupational Cancer, given the increasing number of claims. The management of the INSS of Gipuzkoa has shown that it does not want to get angry with the Atusa Group, although it does not mind re-victimizing a serious illness, due to the company’s failure to comply with safety regulations. With will, F. Gelma’s obstruction could be resolved quickly, with a simple visit from a Labor Inspector, to request salary data, drawing up an Infringement Report, with a proposal for a 50% surcharge on benefits, for obstruction of the INSS and the prolonged failure to comply with safety regulations.
The family of Guillermo B. A. (who died in October and lives in Zaldibia) is in similar circumstances. He worked as a welder in Atusa-Agurain. After being diagnosed with lung adenocarcinoma, I registered his application for Permanent Disability on 18-04-23. Although he has a favourable proposal from the EVI, Guillermo died while waiting for the Resolution. Eight months later, the family is still waiting. Rafa, an electrician from Polmetasa, another patient from Luzuriaga and several people affected by pleural mesothelioma are in a similar situation. After working at CAF, Patricio Echeverria, Orbegozo-Acenor, they are anxiously awaiting recognition of their benefits.
These are not anecdotal delays, they point to a planned strategy that seeks to discourage those who dare to claim, helping companies to ensure that the compensation for damages is substantially lower. The employers’ mutual insurance companies are the main obstructionists. For example, Ana Mª, widow of Joaquín, a plumber who died of pleural mesothelioma, despite the indisputable occupational origin of the disease, in breach of the Agreement signed by the INSS, Osalan and Osakidetza for asbestos sufferers, grants her widow’s pension derived from a common disease. After requesting a review of the widow’s pension, it is achieved that, despite Joaquín’s death, he is included by Osalan as a worker exposed to asbestos. The favourable report of the EVI is appealed by Mutualia. A year later, Ana is still waiting for the resolution.
It is inhumane to delay the resolution of patients suffering from serious illnesses, as it increases their suffering, given their limited life expectancy. On the other hand, it is necessary to insist that such delays should not be treated as an individual problem of the patient or his family, as they are victims of a strategy by employers and their mutual insurance companies, which try to nullify European legislation on occupational diseases and benefits, achieved after decades of European trade union and social struggle. Its real application would expose the fraud with tens of thousands of workers’ deaths due to the failure of companies to comply with the obligation to protect the health of those who worked in them.
Ending the concealment of occupational cancer must become a trade union and social challenge, taking action without waiting for other agents to do so, to ensure that their services are recognised and that they are compensated for the damage caused, demanding at the same time rigorous prevention measures, including the substitution of substances and processes that cause cancer. Likewise, local councils must increase control measures against “pirates” in the removal of asbestos from buildings, pursuing uncontrolled discharges, to avoid a new wave of cancer due to environmental exposure to carcinogenic fibre. I am convinced that, without greater trade union and social involvement, which makes occupational cancer and other occupational diseases visible, we will therefore defeat the “denialists” who hinder and conceal them. Without tackling this battle, I do not see it possible for the bulk of industrial workers to become involved in the fight against climate change and productivism, which causes so much damage to health and nature.
I believe that the time has come for trade union and social forces, including parliamentary forces, to react to so much obstructive mockery by the INSS and the offending practices of Osakidetza, Osasunbidea, mutual insurance companies, companies and prevention services, to hide and hinder the recognition of occupational diseases and occupational cancer, in particular.