From the 1930 International Johannesburg conference on silicosis, to "tables" of occupational diseases, France, 2000 onward: A comparative reading.

Through the concept of "thought collectives" in particular, Ludwik Fleck was a pioneer in demonstrating how much scientific knowledge is inherently made up of social and historical material. In this article, I propose to follow a Fleckian path by comparing the proceedings of the 1930 International Labour Office Conference on silicosis in Johannesburg on the one hand, and on the other the content of the debates that took place in France in the 2000s to revise the "tables" of occupational diseases which define the compensation rules for salaried workers in the French general (as well as the farm) health insurance scheme. The text offers an analysis of the striking similarities between these two distant sources, pointing out particularly the repetitiveness of ignorance and knowledge, and the nature of what can be admitted as a body of "evidence" in medico-legal issues such as the definition and compensation of occupational diseases.

On Corporate Accountability: Lead, Asbestos, and Fossil Fuel Lawsuits.

This paper examines the use of lawsuits against three industries that were eventually found to be selling products damaging to human heath and the environment: lead paint, asbestos, and fossil fuels. These industries are similar in that some companies tried to hide or distort information showing their products were harmful. Common law claims were eventually filed to hold the corporations accountable and compensate the injured. This paper considers the important role the lawsuits played in helping establish some accountability for the industries while also noting the limitations of the lawsuits. It will be argued that the lawsuits helped create pressure for government regulation of the industries' products but were less successful at securing compensation for the injured. Thus, the common law claims strengthened and supported administrative regulation and the adoption of industry alternatives more than they provided a means of legal redress.

Asbestos problems yet to explode in Korea.

Although asbestos mining and manufacture has occurred in Korea since the 1920s, it was not until the 1980s that the broader social democratic movement heightened public awareness of the health problems associated with exposure to asbestos. The first systematic national survey of asbestos-related diseases was conducted in 1993. In that year, the first case of asbestos-related disease was compensated by the government. This long-delayed recognition of asbestos-related disease took place in a country that already had more than 100 asbestos factories. About 40 to 50 mesothelioma cases are reported annually through the Korean Cancer Registry. Nonetheless, only six mesothelioma cases have ever been referred to the government for workers' compensation. Lung cancer is the fastest growing cancer in Korea. Over the last 15 years, mortality from lung cancer has more than tripled. Among all these lung cancer cases, only 12 have been recognized as occupational in origin and compensated accordingly.

A study of lung cancer mortality in asbestos workers: Doll, 1955.

Between 1935 and 1953, a series of publications appeared in England, Germany and America reporting cases of lung cancer amongst asbestos workers. As early as 1943, the German scientific consensus was that the evidence was strong enough to deem the association to be causal. On reviewing a more extensive bibliography, this view was shared by an American cancer expert. The results of industry sponsored experiments, in which lung tumors had been induced in mice by asbestos, were circulated in confidence to its scientists, but being unpublished were unknown to the general scientific community. There were also cancer mortality data recorded for populations of exposed asbestos workers, but these were confidential and remained to be analyzed. To deal with the persistent allegations of a lung cancer hazard, in 1953 Dr. Richard Doll was asked by Turner Brothers Asbestos ("the Company"), whose in-house analyses had been reassuring, to study the mortality data of a group of its workers. Despite the limitations of the data, Doll convincingly demonstrated so substantial an excess of lung-cancer in heavily exposed long-term asbestos workers as to overcome honest doubt. Despite determined attempts made to dissuade them, Doll and the editor of the journal to which he submitted his paper, courageously went ahead and published the paper. Industry overestimated the harm that publication of the paper would do to their immediate interests. It produced so profound a lack of sense of urgency, that legislation addressed to the control of lung cancer specifically had to wait 20 years, and asbestos workers contracting it were to wait 25 years, before they might be considered for compensation, and even then, only under extremely limiting conditions.

Compensating the workers: industrial injury and compensation in the British asbestos industry, 1930s-60s.

In 1931 the British government introduced pioneering legislation to combat occupational disease in the asbestos industry. A key feature was an Asbestosis Scheme for compensating workers for industrial injury and death. This article examines the implementation of the Scheme at Turner & Newall, the leading UK asbestos producer. The evidence reveals an inequitable system of compensation, especially when compared to the company's generosity to its shareholders. Deficiencies in British compensation law, the weaknesses of regulatory forces, and the company's policy of minimising the extent of asbestos disease are held responsible.

The United Mine Workers of American and the recognition of occupational respiratory diseases, 1902-1968.

This study examines the early efforts of the United Mine Workers of America to illuminate the problem of occupational respiratory diseases in the coal fields. The union used the hearings of the US Anthracite Coal Strike Commission of 1902-3 to draw public attention to "miners' asthma." In 1915, it began to agitate for the provision of workers' compensation benefits for victims of this disorder. Throughout the 1950s and 1960s, the union's Welfare and Retirement Fund disseminated information on advances in understanding chronic pulmonary diseases of mining. In particular, the miners' fund promoted the British conceptualization of a distinctive coal workers' pneumoconiosis. At the same time, the staff of the union health plan pressed the US Public Health Service and the Pennsylvania Department of Health to investigate the prevalence of occupational respiratory diseases among bituminous miners. Taken together, these endeavors contributed significantly to growing recognition of the severity and extent of this important public health problem and thus helped lay the foundation for the Federal Coal Mine Health and Safety Act of 1969.

Assuming the risks: occupational disease in the years before workers' compensation.

In the late 19th and early 20th centuries, new knowledge of work-related illness became part of discourses in several institutional spheres on the relationship between aspects of the economy and workers' health. Appeals courts and state legislatures invoked this knowledge in their deliberations on legislation to ease the coercive aspects of the employment relationship. Insurers used the knowledge to help determine what types of coverage would be available to different occupational groups. In the courts, a narrow compensation remedy evolved for illness caused by employers' failure to warn of latent risks. This small, legal zone of protection of workers' health was separated out from the massive amount of uncompensated, preventable work-related illness.