The finding that use of sunbeds could lead to increased risk of melanoma and squamous cell carcinoma cancer should come as no surprise. Evidence from: IARC Press Release No 171 29th November 2006 “Sunbed use in youth unequivocally associated with skin cancer” Further detail. 6#9-10 13

An outbreak of H5N1 in factory farmed turkeys has been controlled through a policy of containment and slaughter. No vaccination of poultry was involved. The outbreak originated in Hungary but there was no identifiable breach of H5N1 control regulations or other duties. Evidence from: Health Protection Agency/Food Standards Authority 15th Feb 2007. “Possible transmission of H5N1 avian influenza virus from imported Hungarian turkey meat to the UK” Further detail: 6#9-10 12

Contrary to mainstream opinion there was no clear link between susceptibility to allergens [i.e. Atopy] and asthma rates. Instead it was found that prevalence of atopy was uniform regardless of asthma rates. Interpretations include the strong possibility that there is an [unidentified] environmental cause of atopy. Evidence from: R Ronchetti et al. Int Arch Allergy Immunol (2007) Vol.142 p 79–85 “The Prevalence of Atopy in Asthmatic Children Correlates Strictly with the Prevalence of Atopy among Nonasthmatic Children” Further detail: 6#9-10 11

Evidence from: DoH news release 1st December 2006 “Health Secretary announces date England will go smoke free” The smoke free elements of the Health Act 2006, come into force from 6am on the 1st July 2007. Virtually all enclosed public places and workplaces will become smoke free environments. This will include offices, factories, shops, pubs, bars, restaurants, membership clubs, public transport and work vehicles that are used by more than one person. Indoor smoking rooms, still common in workplaces, will no longer be allowed. Anyone intending to smoke who is in an enclosed public place or workplace will have to go outside instead. This legislation will help to prevent the unnecessary deaths caused every year from second-hand smoke, and recognises that there is absolutely no safe level of exposure. Comment The precise wording of the law was not available on the 1st December. The consultation document asserted that there was no safe level of exposure to tobacco smoke. Proof

Evidence from: IARC Press release No. 173. 1st Feb 2007 “IARC Study Demonstrates Exposure to Coworkers’ Tobacco Smoke Increases Lung Cancer Risk” A more detailed report of this work will be published in an academic journal in the near future. For now, the following quote is indicative of the anticipated findings. For the first time, a clear dose-response between exposure to co-workers’ smoke and lung cancer risk was demonstrated, which greatly strengthens the causal interpretation of the increased lung cancer findings. It is noteworthy that the dose-response analysis showed a twofold increased risk of lung cancer among highly exposed workers. Comment Some Claimants could be convincing as to the probability that their only significant exposure was at work.

The German risk assessment institute concludes that there is a statistically significant association between exposure to pesticides and development of Parkinson’s Disease. There is insufficient evidence to determine the mechanism of this association. Evidence from: BfR Expert Opinion No. 033/2006, 27 June 2006 “Pesticide exposure and Parkinson’s disease (PD): BfR sees association but no causal relationship” Further detail: 6#9-10 8

The report lists current and developing applications of non-food crops and other measures designed to reduce dependence on fossil fuels and to increase sustainability and to reduce environmental impact. It also lists current drivers and barriers to uptake. In our view, opinion as to drivers and barriers is essential when forming opinion of potential liability exposure should there be any potential for harm associated with the product. Evidence from: DEFRA/DTI Nov 2006 “A strategy for non-food crops and uses Two year progress report” Renewable fuels produce large quantities of waste biomass and ash. Small scale bio-fuels production may escape appropriate engineering and operation standards or inspection. Waste management facilities may be inadequate. Further detail: 6#9-10 7

The ELD introduces a common framework for the assessment of damage, standards and financing of remediation. Many of the provisions already operate in England, Wales and NI. New defences are proposed but, in our view, would have limited scope if the directive is transposed as described in this consultation. New liabilities for remediation following release of micro and macro organisms are identified. New options of complementary and compensatory remediation are likely to be introduced. The Government proposes to resist the use of a “permit” and “development risk” defences. The ELD creates the possibility of using these defences but each jurisdiction can define the scope that applies. The choice of scope could be challenged. In our view, insurance against the costs of remediation would not experience a step change as a result of this directive and the way the UK government intends to transpose it. Liabilities to third parties would probably be unaffected though there may be more scope fo

The Scientific Panel on Food Additives, Flavourings, Processing Aids and Materials in Contact with Food has reconsidered its view of the toxicity of bisphenol A (BPA). New research points to the prescription of a lower degree of protection. BPA has been associated with endocrine disruption. Evidence from: The EFSA Journal (2006) 428 “2,2-BIS(4-HYDROXYPHENYL)PROPANE (Bisphenol A)” Applying the standard safety margins, the tolerable daily intake (TDI) rate for humans has now been set at 50 microgrammes per kg body weight; the previous TDI was set at 10 microgrammes per kg body weight. This is 100 times lower than the no observable adverse effect level in rat experiments. Further detail: 6#9-10 5

The report confirms the concerns about unintentional exposure to antineoplastic drugs and highlights several guidance notes that are generally available on this subject. Guidance began to appear in 1981. Medical consequences of exposure include the possibility of those with long latency periods e.g. heart disease. Occupational exposures would tend to be more complex than those of patients and, last much longer. Evidence from: TH Connor et al. CA Cancer J Clin (2006) Vol.56 p 354–365 “Preventing Occupational Exposures to Antineoplastic Drugs in Health Care Settings” Unlike patients, health care workers may be exposed at a low level for many years. Further detail: 6#9-10 4

Evidence of a significantly increased risk of TB among smokers is presented. Risks associated with passive smoking are less clear. Evidence from: HH Lin et al. PLoS Med 4(1): e20. doi:10.1371/journal.pmed.0040020 “Tobacco Smoke, Indoor Air Pollution and Tuberculosis: A Systematic Review and Meta-Analysis” Several reports have suggested that exposure to tobacco smoke increases the risk of catching Tuberculosis (TB) or, at least remaining in a disease state. This review attempts to consolidate opinion and quantify the risk. Further detail: 6#9-10 3

Acid copper chromate (ACC) has been in use as a wood preservative in industrial/commercial settings in Europe and in the USA since 1920. USEPA has now taken steps to ensure it continues to be excluded from sale for domestic purposes. Their concern is that chromate (Hexavalent Chromium) is both carcinogenic, an irritant and an allergen and that there will be some uncontrolled exposure. Treated wood should be disposed of as if hazardous waste (not just burnt). Evidence from: US EPA 8th Jan 2007 “Acid Copper Chromate (ACC) Residential Uses Won’t be Registered” Metal based wood preservatives have been in use for decades and pressure treated woods contain several kg of metal per cubic metre. Further detail: 6#9-10 2

The meta analysis seems to show that there is no synergistic effect between silicosis and smoking in the risk of lung cancer. Evidence from: ITS Yu et al. Int. J. Cancer (2006) Vol.120 p 133 – 139 “Exploring the joint effects of silicosis and smoking on lung cancer risks” The problem of joint effects has been extensively developed for asbestos and smoking. Further detail: 6#9-10 1

Evidence from: L Mellemkjaer et al. Epidemiology (2006) Vol.17 p 668–673 “Risks for Skin and Other Cancers Up to 25 Years after Burn Injuries” The rate of skin cancer in burn victims was significantly reduced by 30%. Further detail: 6#7-8 30

Evidence from: HPA Centre for infections “Report of Seminar on Ethical and Social Aspects of Testing for vCJD” Current practice includes no right to opt out of such information; potential donors found to be reactive to blood tests for vCJD should therefore be informed of their test result. The wording on the consent form is “I understand that if my donation gives a positive result for any of [the listed] tests I will be informed and asked to attend for further confirmatory tests and advice.” Further detail: 6#7-8 29

In our view, that CBT works at all tends to confirm the relative immateriality of factual events such as a viral disease or an RTA in the aetiology of these affective disorders. They are probably illnesses of belief and perception. Evidence from: D Chambers et al. Journal of the Royal Society of Medicine. (2006) Vol.99 p 506-520 “Interventions for the treatment, management and rehabilitation of patients with chronic fatigue syndrome/ myalgic encephalomyelitis: an updated systematic review” Further detail: 6#7-8 28

Evidence from: F Wang et al. Plant Biotechnology Journal (2006) Vol.4 p 667 – 676 “A large-scale field study of transgene flow from cultivated rice (Oryza sativa) to common wild rice (O. rufipogon) and barnyard grass (Echinochloa crusgalli)” Pollen mediated gene flow is known to vary with distance between source and receptor, with family closeness and with timing. In this study a large area of land was planted with GM and non-GM rice at various times to ensure some synchronisation of flowering. In this experiment the GM rice was herbicide tolerant. The maximum transgene flow was between 11% and 18% when source and receptor were within 1 metre. Probability of flow decreased rapidly with distance reaching 0.01% at 150 to 250 metres. Probability was related to wind speed; greater transport distances were detected in areas with higher wind speeds. Gene flow to barnyard grass, grown amongst the GM rice for 5 successive years, could not be detected. Comment The rates of gene flow

This initial hearing considered whether or not loss of ‘organic’ status and resulting clean-up costs as a result of GM seed infiltration was sufficient grounds for a civil claim. The judge found that there was no basis for a claim in negligence, trespass or Rylands v Fletcher. However, nuisance and state environmental protection law could be sufficiently meritorious to warrant a subsequent hearing. Evidence from: K Garforth et al. Journal of Environmental Law (2006) Vol.18(3) p 459 – 477 Hoffman v Monsanto Canada Inc. (Larry Hoffman, L.B. Hoffman Farms Inc. and Dale Beaudoin v Monsanto Canada Inc. and Bayer Cropscience Inc.) Saskatchewan Court of Queen’s Bench 2005 SKQB 225 (CanLII); [2005] 7 W.W.R. 665; (2005), 264 Sask. R. 1 In our view, the claims lack evidence of physical harm and, whilst weeds can be a legitimate cause of loss in nuisance the claimant here would seem to be ‘particularly sensitive’ (i.e. other people would not regard this GM plant as a weed). Further detail: 6#7-8

Evidence from: Food Standards Agency. 5th October 2006. “Illegal GM Rice Update.” At least one consignment of long grain rice imported from the USA was found to be contaminated with GM rice, LLRICE601. US authorities had certified it was GM free. Positive identification was announced by the Dutch authorities on the 21st August but tests on UK imports have so far proved negative. The European Safety Authority pronounced that the low level contamination was ‘not likely to pose an imminent safety concern’. However, in response, the EU has now decided that all rice imports from the USA should be retested in the EU and official certificates should follow the supply down to the wholesale level. It is illegal to sell contaminated rice; some products should therefore be withdrawn from sale. However, if anyone has already purchased such a product they can continue to eat it. Comment The only way to test for contamination is to use the same techniques that have already provided incon

Evidence from: Advisory Committee on Releases to the Environment (ACRE) Minutes of a meeting dated 28th September 2006 “Use of Nematodes for biological pest control” Introduction of a non-native non-GM nematode would be problematic if it were viable outside of the commercial setting e.g. glasshouse. A previous application to apply Steinernema Carpocapsae as an insecticide was postponed until information on UK persistence was presented. The information led ACRE to the view that it would the support the licensing of this nematode for use as a biological control agent. Comment If populations of Steinernema Carpocapsae did develop outside the glasshouse their range would be determined by soil type and humidity. Remediation should be possible, though it may be unnecessary as this nematode has been released previously, but was not successful, in the UK.

Evidence from: Advisory Committee on Releases to the Environment (ACRE) Minutes of a meeting dated 28th September 2006 “RNA mediated Gene Silencing in GM Plants” Gene silencing is used to prevent the action of a given gene e.g. flowering or pollen formation. The technique can be used to reduce risks such as horizontal gene transfer or the expression of toxins. The technique is not limited to the control of GM crops. ACRE considered a report on the technique of RNA mediated gene silencing. RNA methods can be unstable in that gene silencing may be of variable efficacy in otherwise genetically identical plants and their offspring. ACRE considers that current risk assessment regimes, which include an assessment of stability and its implications, would be adequate. In any case, a pheno-typically unstable plant product would not be commercially viable. The silencing mechanism is not transferable to other organisms; specifically bacteria and nematodes. Direct harm to humans would

Of note is the view that 20m would be a sufficient separation distance to prevent cross pollination with non-GM potatoes. This parameter would be of value in determining fault in a fault based compensation system. Ensuring or restoring a 20m separation would have a cost. At present, the UK authorities have the view that fault based compensation systems for harm done by GM crops are unlikely to meet the needs of public policy. Evidence from: Advisory Committee on Releases to the Environment (ACRE) Minutes of a meeting dated 28th September 2006 “Field Trials of GM Potato.” Further detail: 6#7-8 22

This is a revised and updated version of the 2001 circular to Local Authority health and safety Inspectors and is due for further review in 2008. Inspectors will expect duty holders to interpret their statutory obligations to protect the health and safety of call centre (or similar) employees, in the manner described in this guidance. Issues such as acoustic shock, verbal abuse, voice strain and work pace monitoring are more specific to call centre work; the rest of the guidance reflects general guidance on office work. Rest breaks and consultation are strongly emphasised. Call centre work employs around 3% of the UK workforce. The true scale of risks to health and safety and the accuracy and effectiveness of the proposed control measures remain highly uncertain. Evidence from: HSE LAC Number: 94/2 October 2006. “Advice regarding call centre working practices” Given that most of the risks are risks of perception rather than objective hazards and outcomes, cultural and comme

A relatively powerful study of the potential link between welding work and cause or aggravation of Parkinson’s Disease and diseases of a similar nature. It provides strong evidence that a history of welding work is not significantly associated with these outcomes. Evidence from: G Marsh et al. JOEM (2006) Vol.48#10 p 1031 – 1046 “Employment as a Welder and Parkinson’s Disease among Heavy Equipment Manufacturing Workers” Further detail: 6#7-8 20