NedTrain, a subsidiary of NS, is not liable for the alleged health damage caused by exposure to the anti-rust product chromium-6. The court has that ‘s-Hertogenbosch determined on Tuesday. According to the court, not enough evidence was provided for this.
Thirty former employees had previously demanded compensation from the train maintenance company due to possible health damage they suffered between 2004 and 2010 during restoration work on old train sets in Tilburg. Chromium-6 is said to have been released from the paint that was sanded off the train sets. The work was part of a reintegration program for the unemployed, which was set up by the government.
The thirty employees decided to file their lawsuit collectively and not individually. According to the court, the claims were insufficiently substantiated on an individual basis, which is why it decided to reject them. Their explanation was submitted with “general statements and deliberately not with evidence per individual”, according to the court.
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At an earlier stage, the Zeeland-West-Brabant court ruled that NedTrain had to pay damages, but that the amount depended on how serious the damage would prove to be. This would have to be determined in a separate procedure. It is unclear how the two statements relate to each other.
Chromium-6 is a substance that is very harmful and can lead to cancer, serious lung diseases and other conditions. The substance was used by, among others, NS, KLM airline and defense against rust formation. It previously emerged that NS maintenance employees had been insufficiently protected against chromium-6 for decades.