A construction company is being prosecuted for causing the deaths of two former workers and one of their partners by exposing them to asbestos dust.

Eternit, based in Goor, near Enschede, is accused of failing in its duty of care towards its employees by knowingly letting them work in a hazardous environment.

The public prosecution service (Openbare Ministerie) confirmed reports in the Telegraaf and Trouw newspapers that the company, a division of Belgian-based Etex Group, had been charged with deliberate and involuntary manslaughter.

Asbestos production was banned in the Netherlands in 1993, but medical studies since the 1960s have provided evidence of a link between inhaling fine asbestos dust particles and respiratory diseases, as well as some types of cancer.

Six years ago a committee representing asbestos victims filed a criminal complaint on behalf of the relatives of six people who had died, allegedly as a result of exposure to asbestos.

Sued in Belgium

In 2023 a Belgian court ordered Eternit to pay €50,000 to a man who developed mesothelioma, a cancer of the lungs, after growing up near the company’s factory in Flanders, where his father worked.

The court decided that the company was liable because it continued to produce asbestos cement “without taking the slightest protective measure”, even after the health risks were known.

Sven Brinkhoff, professor of criminal law at Amsterdam university (UvA), said it was highly unusual for companies to face manslaughter charges.

“Employers are often held liable for not ensuring workers’ safety,” he told the Telegraaf. “But prosecutions for manslaughter are exceptional. It means you’re alleging deliberate intent.”

Eternit’s lawyers told the newspaper the company had always operated within the law, including during the period that asbestos production was still legal.