Alcohol consumption can increase the risk of common health problems and causes some specific diseases. Recent case law suggests that lifestyle factors can be taken into account when considering compensation. If ever liability were to attach to the sale and supply of alcohol, the data provided in this report would help quantify the financial exposure. There remain many uncertainties about dose response relationships. Evidence from: NHS Lifestyle statistics report. “Statistics on Alcohol: England, 2006.” The Alcohol Harm Reduction Strategy for England estimates that up to 22,000 premature deaths per year are associated in some way with alcohol misuse. [6000 of these were due to alcoholic liver disease, 500 due to mental disorders, 92 due to heart disease.] Further detail: 6#3-4 16

With appropriate precautions the hides from cattle reared in the same herd as a BSE case animal can be used without significant risk to consumers. Commercial losses to third parties are predictable if procedures are not followed accurately. Evidence from: The EFSA Journal. May (2006) 367 p 1 – 25 “Opinion on the BSE risk from cohort animals: bovine hides and skins for technical purposes” Further detail: 6#3-4 15

Evidence from: The EFSA Journal. May (2006) 359 p 1 – 14. “Quantitative assessment of the Human BSE Risk posed by Bovine Vertebral Column including Dorsal Root Ganglia” If surveillance of cattle and meat processing continues at its present level and accuracy there is no justification for restrictions of the use of cattle bones in the production of tallow and gelatine. Inclusion of vertebral column in the raw materials used to produce tallow and gelatine from bones or a mixture of tissues (meaning bone and nerve) increases the level of human exposure by ~ 3-10 fold. However, the levels of residual BSE risk for these products calculated in the Quantitative Risk Assessment (QRA) are low and the increased risk factor due to inclusion of vertebral column is unlikely to translate into further cases of vCJD in the population. Therefore, in the case of tallow and gelatine, there appears to be no rationale for imposing an age-limit above which to exclude vertebral column from the ba

The report finds evidence that contamination of food with BSE agent could, in the 1980s and early 1990’s, occur through standard butchery practices. Tighter regulation and inspection should now prevent this. In any case the frequency of infectivity in cattle is now relatively low. Evidence from: Food Standards Agency Project ZM 0306 “Butchery Practices in the UK” A cluster of vCJD cases emerged at Queeniborough in Leicestershire. Further detail: 6#3-4 13

In our view computing and sensing devices will soon be small and cheap enough to make their integration into the environment commonplace. Connectivity will probably be based on radio waves (WiFi) using internet service protocols. Reliability issues could give rise to liabilities, on the other hand, better control of the environment and operating systems could reduce liabilities. Evidence from: HSE Horizon Scanning Initiative. July 2006. “Pervasive Computing” In our view computing and sensing devices will soon be small and cheap enough to make their integration into the environment commonplace. Connectivity will probably be based on radio waves (WiFi) using internet service protocols. Reliability issues could give rise to liabilities, on the other hand, better control of the environment and operating systems could reduce liabilities. HSE use the term to describe the embedding or integrating of computers into the environment so as to increase access to computing power and to

Identity cards will increase the availability of digitised biometric data. Internet service protocols are vulnerable to error and misuse, potentially giving rise to new control errors e.g. inaccurate transactions and security access, or, errors on a much larger scale. Evidence from: House of Commons Science and Technology Committee. July 2006. “Identity card Technologies: Scientific Advice, Risk and Evidence” Clearly the risk of matching to someone else is very low, but the risk of failing to prove that you are who you claim to be is quite high. Denial of service claims could become more problematic. Further detail: 6#3-4 11

Evidence from: S Hannett. Journal of Environmental Law (2006) Vol 18 No 2, 313–322 “Significant United Kingdom Environmental Cases January–December 2005” Circular Facilities (London) Ltd v Sevenoaks District Council [2005] EWHC 865 (Admin); [2005] Env LR 35 Andrews v Reading Borough Council [2005] EWHC 256 (QBD) (Queen’s Bench Division, Calvert-Smith J, 7 February 2005) Further detail: 6#3-4 10

Evidence from: “Recycling” Increased commercial recycling activity is anticipated. For example the Waste Electrical and Electronic Equipment Regulations [currently in draft form; due to come into force on 1/1/2007] will increase the volume of collection, dismantling and disposal work. Hazards include manual handling, implosion (CRT screens), toxic metals, and PCBs. Comment Thus far, much of the exposure to toxins in the recycling and disposal of electronic goods has been exported to third world countries.

Evidence from: HSE Horizon Scanning Initiative June 2006. “New and Emerging Pests” In this report, “pests” refers to flora, fauna or diseases. New and emerging pests which were previously unknown or rare in the UK could appear or appear more often as a result of climate change, migration, transport of people and transport of goods including livestock and food products. Climate change would probably increase the habitat range of insects from the continent to the UK or increase the range of insects currently limited to the south of the country. Such insects may spread disease e.g. chikungunya or may damage ecosystems, especially if there are no naturally occurring predators. A warmer climate, especially milder winters, would increase the numbers of endemic insects e.g. aphids, that survive the winter, leading to greater damage to plants. The duty of care related human health related consequences of new pests may be direct, e.g. contact with disease vectors or indirect e.g. in

The report provides a review of the known health effects of exposure to low levels of ozone. People with asthma are vulnerable to increases in symptoms. People with other respiratory disease are less affected. Ozone also does damage to property. Evidence from: US Environment Protection Agency Feb 2006. “Air Quality Criteria for Ozone and Related Photochemical Oxidants” Further detail: 6#3-4 7

Evidence from: Environment Agency Press Release June 2006. “Homeowners warned over domestic oil tank usage” The Environment Agency report that oil from domestic sources is the most frequently identified source of oil pollution. There are an estimated 1 million domestic storage tanks in use but many do not have a bunding system in place (bunding is now usually integral to the storage tank). The press release states that some insurance policies will only pay out when oil damages the house or any adjacent property. When a spill is contained within the garden, the homeowner is left to foot the clean-up bill. Fines are applicable to situations where oil contaminates drinking water supplies (limit £20,000); leaving an oil spill to self remediate may not be a sensible option. The report continues: “It would only take one litre of oil to contaminate one million litres of drinking water if it entered a water source and so the Environment Agency is urging homeowners to be more

The study found no elevation of risk of non-ideal pregnancy outcome in women who were occupationally exposed to pesticides and whose pregnancies exceeded 4 months. Evidence from: JL Zhu et al. J Occ Env Med (2006) Vol. 48 p 347 – 352 “Occupational Exposure to Pesticides and Pregnancy Outcomes in Gardeners and Farmers: A Study Within the Danish National Birth Cohort” There was a higher rate of very preterm births in gardeners. Prematurity was caused by rupture of membranes (possibly linked to pregnancy diabetes), preeclampsia and malformation of the uterus. Exposure to pesticides was not associated with any adverse outcome. Further detail: 6#3-4 5

This study finds evidence that exposure to PCBs is associated with increased risk of adult onset diabetes 25 years after exposure (PCB concentrations greater than 5 ppb in blood samples) was confirmed. The association only applied to women. There was no link with PBBs. PCBs are still found in food, decades after strict controls were introduced. Evidence from: O Vasiliu et al. Epidemiology (2006) Vol.17 p 352 – 359 “Polybrominated Biphenyls (PBB), Polychlorinated Biphenyls (PCB), Body Weight, and Incidence of Adult-Onset Diabetes Mellitus” Further detail: 6#3-4 4

Carbon Capture and Storage (CCS) is likely to be tested on an industrial scale in the UK, within the next ten years. Many of the liability related risks can be predicted from experience with industrial chemistry and oil production. Commercial liability risks would depend on the economic model imposed by policy makers. Long term liability for stored CO2 [to be stored for hundreds of years] would probably damage the economic case for private industry investment and operation of CCS. The current practice of dumping CO2 into the atmosphere incurs no third party commercial liabilities and is usually free of liabilities for personal injury or environmental harm. Evidence from: House of Commons Science and Technology Committee. February 2006. “Meeting UK Energy and Climate Needs: The Role of Carbon Capture and Storage” The risk is that storage would be insecure. Gradual release of CO2 over a period of decades or less would defeat the object, sudden release could, in addition, caus

Several autoimmune diseases, with the notable exception of rheumatoid arthritis, were found to be predictive of a diagnosis of schizophrenia. Autoimmune diseases have been repeatedly linked with silica exposure. However, an acquired autoimmune disease may not be equivalent to one primarily linked to genetic factors. Evidence from: WW Eaton et al. Am J Psychiatry (2006) Vol. 163 p 521 – 528 “Association of Schizophrenia and Autoimmune Diseases: Linkage of Danish National Registers” This could be problematic if a potent cause of autoimmune disease was detected. Silica exposure is associated with autoimmune disease. Further detail: 6#3-4 2

The report provides detailed analysis of actual exposures in industry from the mid 1980s to the early 2000s. The report focuses on silica, toluene and wood dust and provides useful information derived from a database of other exposures. Overall there are clear signs that occupational exposures are below the acceptable standards and are reducing, the main exception being exposure to flour dust. Evidence from: KS Creely et al. HSE Research Report RR460 (2006). “Trends in Inhalation Exposure Mid 1980’s till Present” By comparing actual exposures with WEL values it is possible to estimate how frequently there would be good evidence of a breach of duty. Actual exposure rates can also be used to estimate case frequency – based on dose-response data. Further detail: 6#3-4 1

Evidence from: R Kanwal et al. JOEM (2006) Vol.48#2 p 149 – 157 “Evaluation of Flavorings-Related Lung Disease Risk at Six Microwave Popcorn Plants” O A Taiwo et al. JOEM (2006) Vol.48#3 p 275 – 282 “Incidence of Asthma Among Aluminum Workers” WHO Fact Sheet No 299 March (2006) “Electromagnetic Fields and Public Health: Static electric and magnetic fields” HSL/2006/19 “Summary Report on Additional Work Carried Out on the Monitoring of Chrysotile Containing Textured Decorative Coatings” Health Protection Agency RCE-2 “Dose Criteria for the Designation of Radioactively Contaminated Land” Health Protection Agency “Tuberculosis Update” Further detail: 6#1 48BB

Evidence from: EW Skorpinski et al. J Allergy and Clin Immunol. (2006) February p 463 – 464 “Two cases of accidental epinephrine injection into a finger” H Aksoy et al. Journal of Applied Tox. (2006) Vol. 26 p 10 – 15 “Genotoxicity study in lymphocytes of offset printing workers” T Murayama et al. Am J Ind Med (2006) Vol.49 p 1 – 7 “Estimation of Future Mortality From Pleural Malignant Mesothelioma in Japan Based on an Age-Cohort Model” TP Brown et al. Env Health Persp (2006) Vol.114#2 p 156 – 164 “Pesticides and Parkinson’s Disease—Is There a Link?” SK Obendorf et al. Arch. Environ. Contam. Toxicol. (2006) Vol.50 p 31 – 44 “Distribution of Pesticide Residues Within Homes in Central New York State” L Hou et al. Epidemiology. (2006) Vol.17 p 302 – 307 “Pendimethalin Exposure and Cancer Incidence Among Pesticide Applicators” HSE RR408 “Genetic variation in susceptibility to chronic effects of organophosph

Evidence from: RD Irwin. J. Appl. Toxicol. (2006) Vol. 26 p 72–80 “A review of evidence leading to the prediction that 1,4-butanediol is not a carcinogen.” L A Mucci et al. Int J Cancer (2006) Vol. 118 p 169 to 173 “Prospective study of dietary acrylamide and risk of colorectal cancer among women” C Pelucchi et al. Int. J. Cancer (2006) Vol. 118 p 467 – 471 “Dietary acrylamide and human cancer” RD Goodwin et al. Psychosomatic Medicine (2006) Vol.68 p 94–98 “Major Depression and Allergy: Does Neuroticism Explain the Relationship?” D Brodie. Industrial Law Journal. (2006) Vol.35 p 87 – 92 “The Enterprise and the Borrowed Worker” Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd [2005] IRLR 983 (CA) AM Ruder et al. Environ Health Perspect. (2006) Vol.114 p 18–23. “Mortality among Workers Exposed to Polychlorinated Biphenyls (PCBs) in an Electrical Capacitor Manufacturing Plant in Indiana: An Update” AL Oakla

Described as a health and safety measure, the Directive aims to ensure harmonised standards and reduce barriers to trade. There are specific measures for the control of ergonomic hazards, noise, vibration and radiation. Evidence from: Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 Many of these requirements are to reduce risks to the lowest level, or to the minimum possible. Biological change such as fatigue, are defined as adverse outcomes. The Directive could be related to health and safety at work, but it is so open-ended as to be unhelpful to the machine manufacturer. Further detail: 6#1 45

The Government’s chief scientific advisor has requested that restrictions on the use of drug based cognitive performance enhancement be reviewed. The drugs in question were first developed for their disease treatment properties but are now found to enhance cognitive performance in the healthy. Evidence from: Sunday Times 4th June (2006) “No 10 scientist urges brain pills for all” The emergence of performance enhancement raises issues of equality/discrimination and if facilitated, encouraged or knowingly permitted by an employer (for the purpose of gain?) liability for adverse effects could be transmitted to the employer. Adverse effects could include: fatigue, dependency, emotional variability, personality changes… Further detail: 6#1 44

Interventions at six to 26 weeks of sickness absence did not improve the return to work rate. Evidence from: DWP RR342 “Impacts of the Job Retention and Rehabilitation Pilot (JRRP)” This was a complex trial of state-of-the-art interventions for people at risk of long term worklessness as a result of medical status. One possibility is that medical status and work place risk factors were not the real reason why people became workless. Insurers should hesitate to assume that medical service providers can contribute to indemnity. Further detail: 6#1 43

Evidence from: SK Mathiassen et al. J Agric Food Chem (2006) Vol.54 p 1058 – 1063 “Herbicidal Effects of Soil-Incorporated Wheat” The authors noted that wheat plants contain several chemicals with weak weed killing properties. In field trials, when wheat plants were ploughed-in after harvest, a small effect was noted on the numbers of weeds germinating and their growth in next years crops. With genetic modification, crop plants could be made to continuously exude these chemicals or to increase the dose when ploughed-in. Comment Control of such modification would need to be exceptionally reliable.

Foods containing more than 0.9% GMO by weight must be so labelled; providing the consumer the opportunity to make an informed(?) choice. The commercial costs of erroneous labelling could be considerable. The costs of false test results, or false interpretations of test results could also be considerable. The article shows good reason to doubt the usefulness of current quantification techniques; do they actually meet the needs of regulation? Evidence from: F Weighardt. Nature Biotechnology (2006) Vol.24#1 p 23 – 25 “European GMO labeling thresholds impractical and unscientific” The report provides guidance on measurement tolerances. Insurers may wish to avoid allowing labs to quote unrealistic precision; error has a high commercial value. Further detail: 6#1 41