Basque High Court Upholds Lung Cancer as Occupational Disease for Factory Worker

The Basque High Court confirms the work-related origin of cancer for an employee exposed to metal fumes at a lock manufacturing company in Arrasate.

Details of a metal lock mechanism in a Basque Country factory.
IA

Details of a metal lock mechanism in a Basque Country factory.

The High Court of Justice of the Basque Country (TSJPV) has upheld a ruling recognizing the lung cancer of a worker at Ifam Seguridad SLU in Arrasate as an occupational disease, according to union reports.

The CCOO union explained that the TSJPV has thus ratified the sentence from the Social Court of Eibar, which had already determined the professional origin of the employee's cancer. The worker had been exposed in her job to "fumes from various metals".
Among the tasks performed by this worker was the use of a laser machine for engraving padlocks. The operation involved progressively burning the metal, a process that "released dross and smoke", the source specifies.
The TSJPV's ruling is partly based on a report by Osalan, which confirmed the presence of chromium, nickel, and aluminum oxide in the parts, as well as the generation of fumes and suspended metallic particles, CCOO details.
It also notes that the judicial resolution rejects Ifam Seguridad SLU's appeal because it relied on "instrumental documents requiring interpretations, conjectures, and deductions".
Conversely, it considers the exposure to the aforementioned metals proven, without evidence of an adequate aspiration system at work to limit or eliminate exposure, CCOO states. The union calls for greater control over companies from Osalan, the Labor Inspectorate, and the Basque Government, as well as the widespread implementation of "exemplary sanctions for those who breach legislation".