Deliberate inclusion of ingredients which contain allergens is already regulated and packaging should be labelled. Unintentional contamination is not regulated. This paper provides voluntary guidance on the latter. Evidence from: Food Standards Agency July 2006. “Voluntary: Guidance on Allergen Management and Consumer Information.” Advisory labelling should only be used when, following a thorough risk assessment, there is a demonstrable and significant risk of allergen cross-contamination. The guidance might form part of a state of the art defence. Further detail: 6#5-6 17

Levels of obesity look set to continue to rise over the next 4 years. The report attempts to quantify the trend. Evidence from: P Zaninotto et al. Department of Health July 2006 “Forecasting Obesity to 2010” It is estimated that in 2010 around 6,658,953 men and 5,984,653 women will be obese; the numbers who are overweight (but not obese) will stay roughly the same as in 2003. It is estimated that in 2010 around 792,321 boys and 910,630 girls will be obese. Obesity in children is strongly associated with obesity in one or both parents. A number of liability risks are moderated by body mass. Trends should be adequately modelled in experience trends unless new duty standards are introduced. Further detail: 6#5-6 16

Hydrogen as a means for delivering energy to the point of need is most probably limited to its use in fuel cells. Fuel cells would convert hydrogen chemical energy into electricity; the only exhaust being water. Evidence from: Health and Safety Laboratory HSL/2006/59 “The Hydrogen Economy – Evaluation of the materials science and engineering issues” Risks appear to be manageable. But uptake is likely to be low; it is not cost effective yet. Further detail: 6#5-6 15

Disposable respirators provide additional protection against flu infection but they should not be reused. A used respirator is a potential source of infection. Evidence from: National Academy of Sciences 11637 “Reusability of Facemasks During an Influenza Pandemic: Facing the Flu” Uncorrected Proof Some employers and emergency response organisations might be tempted to supply respirators. Further detail: 6#5-6 14

The review weighs up the various approaches that have been developed for predicting recidivism in sex offenders. An outright ban on anyone with a conviction from having involvement with children may be the surest way of protecting children but is it proportionate in every case? A 100% accurate assessment tool could make other options available. Evidence from: R Mandeville-Norden et al. Child Abuse Review (2006) Vol.15 p 257 – 272 “Risk Assessment of Sex Offenders: The Current Position in the UK” Those who have a duty to manage sex offenders have large liabilities to manage too. Further detail: 6#5-6 13

The normal healthy development of infants is defined by this standard. Deviation could instigate investigations of maltreatment but the validity of such a trigger is likely to be low. Evidence from: M de Onis et al. Acta Paediatrica (2006) Vol. 95 supplement 450 “WHO Child Growth Standard” Investigations of childcare standards can lead to prolonged distress. If triggered solely by deviation form median growth there is a high risk of unnecessary distress. Further detail: 6#5-6 12

HSC have implemented the requirement to set reduced levels of protection when work with asbestos is described as sporadic. Evidence from: HSC/06/55 July 2006. “A comparison of the risks from different materials containing asbestos” At the 9 May meeting, the Commission agreed that including in the Approved Code of Practice (ACoP) a peak exposure level of 0.6 fibres per cm³ in the air measured over a ten minute period would provide a useful determinant of when exposure might be considered to be sporadic and of low intensity. Exactly how this ties in with the Compensation Act 2006 remains to be seen. It is highly likely that claims will be made when known exposures are below the level described as sporadic. Would they be in breach or not? Further detail: 6#5-6 11  

In hamsters, co-exposure to crocidolite and one strain of SV40 virus had the effect of amplifying the risk of mesothelioma from asbestos. SV40 has not been conclusively shown to be a cause of mesothelioma in humans, and in our view, is unlikely to be. Evidence from: B Kroczynska et al. PNAS (2006) Vol.103#38 p 14128 – 14133 “Crocidolite asbestos and SV40 are cocarcinogens in human mesothelial cells and in causing mesothelioma in hamsters” The joint potency of virus and asbestos was higher in hamsters. Given joint and several liability for asbestos exposure it seems unlikely anyone would bring SV40 into play. Further detail: 6#5-6 10

The guidance sets out regulatory standards and advice for non-commercial repair work on brake and clutch linings. Although the regulations are US regulations they could be seen as representing a reasonable view. Evidence from: USEPA Aug 2006 “Current Best Practices for Preventing Asbestos Exposure Among Brake and Clutch Repair Workers” Further detail: 6#5-6 9

The effect of the Barker judgement was reversed within a matter of weeks. This Bill provides that joint and several liability applies to these kinds of claims. Evidence from: Hansard: Amendments agreed 19th July 2006. “Compensation Bill” The absolute language used in this bill is intended to give rise to a guarantee of compensation for mesothelioma cases. However the language used is absurd and will give rise to uncertainties. Included is the possibility that exposure to asbestos the day before a diagnosis of mesothelioma is made, could be found responsible for the disease. There are other scenarios where the Act will give offence against natural justice. There is growing concern that contribution to risk should be measured in a more rational way. The real tests will come when an administrator or public body has a duty to minimise exposure to past liabilities. Further detail: 6#5-6 8  

The case set a short-lived precedent that, for this very limited set of mesothelioma claimants, duty holders should compensate according the degree of risk. Evidence from: Barker v Corus (UK) plc [2006] UKHL 20 The precedent was active until the Compensation Act 2006, which removed the possibility of compensation being reduced by a lack of insurance for any given period of exposure. However, Barker remains the leading precedent in those jurisdictions which adopt UK common law but which have their own regulatory system and have not adopted the Compensation Act 2006. Further challenges to the legal fiction behind Fairchild are very likely. Further detail: 6#5-6 7

In this case it was found that an agency could be found to owe a duty of care towards its registered agency workers. The circumstances were unusual; this particular agency was highly regulated. Evidence from: Rice v Secretary of State for Industry High Court EWHC 1257 2006. Further detail: 6#5-6 6

The report concludes that clustering of childhood leukaemia cases occurs on a 5km geographical scale. That some of these clusters coincide with the location of nuclear industry sites is a matter of chance. Evidence from: Committee on Medical Aspects of Radiation in the Environment (Comare) 11th report. “The distribution of childhood leukaemia and other childhood cancers in Great Britain 1969–1993.” The result is of general use in assessing the meaning of any reported cluster. Further detail: 6#5-6 5

ACRE advised that if the nematode could be shown to die out naturally if released into the wild then it would be safe for us as a pesticide in the UK. Evidence from: Minutes: Advisory Committee on Releases into the Environment ACRE/06/M3 “Application to release an entomopathogenic nematode, Steinernema carpocapsae ACRE/06/P12” One of the items at the ACRE meeting was a discussion of the potential use of a nematode S. Carpocapsae to control pests in green houses and commercial turf activities (e.g. golf). The view was that there was some but small potential for harm to non target organisms. If the nematode could be shown to die out naturally in the wild the applicant would be likely to succeed in obtaining a recommendation for licensing. Comment It is illegal to introduce non-native species into the UK; Wildlife and Countryside Act (1981), unless a licence is obtained. Given that the nematode is non-native it would not be very difficult to identify the likely source of any d

The report highlights the unintentional but ubiquitous contamination of food by man made chemicals. Sources are diverse but high levels in some foods could be thought to predominate and therefore be the principle source of exposure. Foods with high levels are recorded here. Evidence from: World Wildlife Fund September 2006 “Chain of Contamination: The Food Link” The report lists chemicals and foods which contain them in large quantities. Further detail: 6#5-6 3

The Agency has determined that all products containing carbofuran (a widely used pesticide) are not eligible for re-registration. A small number of uses will be permitted until 2010. The immediate effect is a 98% reduction in use. High acute exposure is potentially fatal but there are no suspected ‘long tail’ effects of exposure. Evidence from: USEPA August 2006. “Interim Re-registration Eligibility Decision: Carbofuran” The case provides a clear example of the commercial impact of regulatory activity. D&O policies could provide a remedy. Further detail: 6#5-6 2

HSE express a view that good practice would take precedence over compliance with workplace exposure levels when deciding on enforcement action. The logic is that good practice provides a sustainable degree of protection whereas compliance with exposure levels could be fortuitous. Evidence from: HSC/06/02 July 2006. “Results of Consultation on Proposals for a Workplace Exposure Limit (WEL) for Respirable Crystalline Silica” This is a helpful clarification of the WEL regime which sets both exposure limits and good practice as the basis of enforcement action. Precedence is clearly given to good practice. Further detail: 6#5-6 1

Evidence from: H Boggild. Scand J Work Env Health (2006) Vol. 32(1) p 20 – 21 “Ischaemia and low-back pain – is it time to include lumbar angina as a cardiovascular disease?” D Ambroise et al. Scand J Work Env Health (2006) Vol. 32(1) p 22 – 31 “Update of a meta analysis on lung cancer and welding” RG Ellis-Behnke et al. PNAS March (2006) Vol.103(13) p 5054 – 5059 “Nano neuro knitting: Peptide nanofiber scaffold for brain repair and axon regeneration with functional return of vision” DA Moneret-Vautrin et al. Allergy (2006) Vol.61 p 507 – 513 “Probiotics may be unsafe in infants allergic to cows milk” Further detail: 6#3-4 46BB  

Evidence from: CDC MMWR Weekly. May 2006 Vol. 55(20) p 563 – 564 “Update: Fusarium Keratitis — United States, 2005—2006” HSE Publications July 2006. WEB13 Prevention of heat illness in mines Further detail: 6#3-4 45BB

Evidence from: AD Penman et al. J Prev Chron Disease (2006) Vol.3#3 “The Changing Shape of the Body Mass Index Distribution Curve in the Population: Implications for Public Health Policy to Reduce the Prevalence of Adult Obesity” HSE Research Report RR390 (2006) “Further investigation of possible musculoskeletal and cognitive deficit due to welding in divers identified in the ELTHI diving study” E Ferguson et al. HSE Research Report (2006) RR469 “‘Lay Conceptualizations of occupational disease’” Scientific Committee on Emerging and Newly Identified Health Risks SCENHIR/005/06 “The Safety of Human-derived Products with regard to Variant Creutzfeldt-Jakob Disease” R Lucas et al. WHO Publications (2006) “Solar Ultraviolet Radiation” Further detail: 6#3-4 44BB

Evidence from: JD Brender et al. J Occ Env Med (2006) Vol.48 p 565 – 572. “Maternal Residential Proximity to Waste Sites and Industrial Facilities and Oral Clefts in Offspring” MW Haut et al. J Occ Env Med (2006) Vol. 48 p 615 – 624 “Corpus Callosum Volume in Railroad Workers With Chronic Exposure to Solvents” The EFSA Journal. July (2006) 383 p 1 – 7 “Opinion on the safety of a Thermo-Mechanical Process to Convert Category 2 and 3 Animal By-Products (ABPs) into Bio-Fuel” NHS Press Release 2006/0234 “New NHS guidance to support victims of abuse” Further detail: 6#3-4 43BB

Evidence from: US EPA Feb 2006 EPA 600/R-05/004aF “Air Quality Criteria for Ozone and Related Photochemical Oxidants” FSA Press Release 16th March 2006. “Farley’s Recalls Soya Formula” Neutral Citation Number: [2006] EWHC 166 (QB) Case No: HQ 04X03327 “Between C and D” KM Venables et al. Occup Environ Med (2006) Vol.63 p 159–167. “Occupational health needs of universities: a review with an emphasis on the United Kingdom” JM teWaterNaude et al. Occup Environ Med (2006) Vol.63:187–192. “Tuberculosis and silica exposure in South African gold miners” MH Ward et al. Epidemiology (2006) Vol.17 p 375 – 382. “Risk of Non-Hodgkin Lymphoma and Nitrate and Nitrite From Drinking Water and Diet” SJ Chang et al. J Occ Env Med (2006) Vol.48 p 394 – 399 “Electrocardiographic Abnormality for Workers Exposed to Carbon Disulfide at a Viscose Rayon Plant” Further detail: 6#3-4 42BB

Evidence from: Industrial Injuries Advisory Council Position Paper 17 “Interstitial Fibrosis in Coal Workers” HA Cowie et al. Occup Environ Med (2006) Vol.63 p 320–325. “Dust related risks of clinically relevant lung functional deficits” Friends of the Earth May 2006. “Nanomaterials, sunscreens and cosmetics: small ingredients big risks” Further detail: 6#3-4 41BB

Political interest in the proportionality of risk control measures has re-surfaced in the UK after a long period where a precautionary approach was automatically assumed. Discussants seem to focus on the opportunity cost of excessive regulation. In our view, efforts to re-focus safety work on significant risks will depend very strongly on the lead set by the courts. To that extent, insurers will be involved in this policy initiative. Evidence from: Health and Safety Commission HSC/06/46 April 2006. “Sensible Risk Management” In our view, HSC attempts to deal with the issue of proportionality could have an influence on liability risk exposures. Regulatory interventions should be proportionate and will influence the courts. Further detail: 6#3-4 40