Malta Government Held Responsible for Death of Drydocks Worker

December 26, 2006 - A landmark decision on the tiny island nation of Malta deemed that the government be held responsible for the damages sustained by the family of a drydocks worker who had died as a result of asbestos poisoning.

The Times of Malta reports that, in the case filed by Carmena, Dorothy and James Fenech, the heirs of the late Joseph Fenech, against the Malta Drydocks, it was found that the employer failed to protect their employee from exposure to asbestos, found in large amounts on older ships. The claim against the Dyrdocks also stated that it was well known that certain works carried out in the dockyard were potentially endangering employees’ health, yet they were expected to complete the work without question.  In 2004, the government took over the case as defendant, replacing Malta Drydocks. 

Fenech worked at the drydocks from 1959 until 1995 as a yard boy, skilled laborer, and boilermaker.  At all three tasks, it is believed he was exposed to asbestos. He was diagnosed with malignant pleural mesothelioma in 1992, and died 5 years later at the age of 55. 

Fenech’s condition was not unusual for drydocks workers, say his lawyers.  Exposure to asbestos is commonplace for those who work on ships, especially those who were employed before asbestos warnings were issued in the 1970s and 1980s.  Prior to that time, little was done to protect employees and they often ripped out asbestos with their bare hands and without benefit of protective gear.