Ann Eveleth
Fresh legal action has been launched by 20 South African workers against chemical giant Thor. The workers are claiming unspecified damages from the corporation’s United Kingdom parent company, Thor Chemical Holdings Ltd, for ailments arising from chronic mercury poisoning allegedly sustained during their employment at Thor’s Cato Ridge mercury-processing plant in KwaZulu-Natal.
Lephila Mhlanga seeks compensation for the 1992 death of her husband, Felix Mhlanga, who died from alleged mercury poisoning sustained during his employment at Thor. At least three other workers have died from alleged poisoning.
The workers’ UK-based attorney, Richard Meeran, confirmed his office initiated proceedings against the company on February 11. Last year Meeran represented 17 former Thor workers and the families of the three deceased workers in a landmark case against the UK company, securing a R9-million out- of-court settlement.
Meeran said there are many similarities between the two groups of workers. “The only difference is that many of these claimants are still working at Thor. The mercury exposure levels of this group are of the same order as those in the last case and they suffer many of the same problems, ranging from poor concentration, bleeding gums and tremors to memory loss and irritability. I would hope that in light of the last settlement they would also settle in this case, but they are not bound to do so.”
A Thor representative said the company is aware further action is pending, but could not immediately say whether the company will fight the case. “We knew they were likely to come through with another bite, but we did not admit liability in the last case,” the respresentative said, referring to Thor’s claim that it had settled merely to avoid more expensive court costs, not because it believed the workers had sustained mercury poisoning through their work.
Medical Research Council specialist Mark Colvin said, however, medical examinations showed that all 20 workers in the new case had been “chronically exposed to high levels of mercury during their employment with Thor”.
Apart from neurological symptoms, including sexual dysfunction, tiredness, quick tempers and severe memory problems, urine tests had revealed all the workers concerned had been exposed to mercury levels “substantially above” the level the World Health Organisation (WHO) links to such symptoms.
“As measured by Thor themselves, these workers were frequently exposed to two to three times this level, with some workers exposed to above seven and even 12 times the WHO level,” said Colvin. “My overall impression of this group of workers is that their brains have been ‘clouded’ or ‘dulled’ by long-term exposure to high levels of mercury. The workers each give highly personal and specific examples of how they have been affected, and there is no doubt that the impact on their quality of life is profound.”
Meeran said the workers shared similar stories about Thor’s practice of “shuffling” workers to different posts when tests showed their mercury levels were too high.
“A responsible company would limit the leakage [of mercury] into the working environment, and where it did leak, would have proper methods to extract it and proper protection for workers. Instead Thor would shift highly contaminated workers to the garden, or lay them off and replace them with casual workers queuing at the gate for work.”
The Thor case is one of three Meeran is fighting against UK multinationals on behalf of Southern African workers. Rio Tinto Zinc faces cliams from two cancer sufferers who were employed at its Rossing Uranium mine in Namibia.
In a third case, 10 workers are claiming damages from asbestos corporation Cape PLC. Three South African workers at the company’s Northern Province Penge mine and three environmental victims of its North West Prieska mine have been joined by four Italian workers in a fight for damages after suffering asbestosis.
“We are seeking to hold UK parent companies of multinationals accountable in UK courts for injuring people in other countries,” said Meeran.