THE SWISS FEDERAL COURT HAS CONDEMNED FOR MANSLAUGHTER THE ETERNIT FORMER MANAGER STEPHAN SCHMIDHEINY FOR HAVING EXPOSED IN THE YEARS 1972 – 1973 A TEENAGE STUDENT FOR FIVE WEEKS TO ASBESTOS DUSTS.
The ex-exposed died at the age of 47 for pleural mesothelioma. He worked in a factory of Niederurnen (kanton Glarus). The aforesaid short period there was fatal for him. His task consisted in eliminating with an abrasive adhesive the corners of asbestos clusters, a job that causes a heavy release dust.
In 2006 the former student-worker has stressed the allowance of a payment in accordance with the law of Switzerland for victims of crimes. In 2010 the request was rejected by the court of canton Glarus since the consequences of exposure at that time were unpredictable.
The federal court had a different opinion: scientific research established in 1972 that exposure to asbestos may cause serious and incurable tumors. The law on work at that time work prohibited dangerous employments for children. The Eternit management for this reason is considered guilty of manslaughter .
There is no doubt that the judgment has been influenced by the Eternit trial of Turin against the swiss entrepreneur Stephan Schmidhein, although actually in Switzerland asbestos crimes generally do not come to sentence for reasons of very short prescription period.
At the beginning of this current year there should be a sentence of the European Court of Human Rights, in order to give finally some justice also in Switzerland: in this country, as in Italy, for crimes in workplaces and against the environment, prescription has to be eliminated.
EARAonline
European Asbestos Risks Association