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

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

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

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

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

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

Report of a seminar on stress. HSE continue to support the stress management standards though accepted there were limitations. The way forward is -seemingly – to identify weaknesses in managers and demonstrate what a good manager looks like. The way to find this out is – seemingly- to ask his employees. In another presentation – in what were seemingly ideal management conditions, workers tended to overwork. Both presentations adopted a position that the only way to tackle stress was at an ever increasingly sophisticated organisational level. In our view, this opinion was more about power politics than about evidence. Further detail: 6#1 37  

A new measure of mental vulnerability has been tested for its ability to predict objective heart disease. It was a significant moderate predictor. Mental vulnerability would probably increase the rate of reports of distress at work, leading to an association between stress and heart disease. Evidence from: LF Eplov et al. J Psychsom Res (2006) Vol.60 p 169 – 176 “Mental vulnerability—a risk factor for ischemic heart disease” Claims defence would be greatly enhanced by there being any history related to mental vulnerability, provided the employer knew and acted accordingly. Most of the indicators of vulnerability are out with any influence the employer can reasonably exert without an explicit request from the employee. Further detail: 6#1 36

Organisational intervention studies to date have produced very disappointing results; the interventions have usually failed. Reasons for this are discussed and tested. Evidence from: R Randall et al. Eur J Work and Org Psych. (2005) Vol.14 p 23 – 41 “Evaluating organizational stress-management interventions using adapted study designs” Group intervention approaches to risk management may have some construct validity but have no effect in practice for individuals at risk. Insurers should be at risk only when individual stress risk management has been rather obviously negligent. Further detail: 6#1 35

Duty of care standards tend to be based on fatigue management rather than injury prevention. This study develops an elaborate method of risk assessment, but it is unclear whether or not it would meet a balance of probabilities test. Use of precautionary duty of care standards could lead to claims inflation: the pains don’t go away and breach of duty is commonplace. Evidence from: RA Werner et al. J Occup. Rehab. (2005) Vol.15#1 p 27 – 35 “Predictors of Upper Extremity Discomfort: A Longitudinal Study of Industrial and Clerical Workers” Claims frequency magnification is unlikely given that the wrong duty of care standards are already in place. Further detail: 6#1 33

The research could form the justification for specific guidance on cleaning work and musculoskeletal discomfort. Introduction of such guidance would probably stimulate claims making. Cleaners are often supplied by agencies. Evidence from: V. Woods et al. International Journal of Industrial Ergonomics (2006) Vol.36 p 61 – 72 “Musculoskeletal ill health amongst cleaners and recommendations for work organisational change” Further detail: 6#1 32

Ergonomic factors were found to be predictive of back pain, as was fear of pain. The results for pain of a type that could be related to injury were not presented. There were some doubts about the exposure variables, which were measured by self report. Evidence from: A Van Nieuwenhuyse et al. OEM (2006) Vol.63 p 45 – 52 “The role of physical workload and pain related fear in the development of low back pain in young workers: evidence from the BelCoBack Study; results after one year of follow up” Large changes in liability exposure are unlikely unless fear of injury is made more likely. Further detail: 6#1 31

The effectiveness of cognitive behavioural therapy as a treatment for electrical hypersensitivity suggests the disease is triggered and maintained by interpretation of perceived exposure. Illnesses created and maintained by perception alone are complex for insurers. A duty-holder could attempt to make reasonable accommodations but in so doing give the impression of meaningful care and may even encourage the harmful perception. Evidence from: GJ Rubin et al. Psychother Psychosm. (2006) Vol.75 p 12 – 18 “A Systematic Review of Treatments for Electromagnetic Hypersensitivity” Further detail: 6#1 27

The ILO report emphasises the presumed relative vulnerability of older workers. If correct, rating for EL or WC could justifiably include and age factor. Evidence from: ILO: Conditions of Work and Employment Series No.15 (2006) “Conditions of work and employment for older workers in industrialized countries: Understanding the issues” Further detail: 6#1 23

Evidence from: AJ Donato et al. Am J Physiol Heart Circ Physiol (2006) H272 – H278 “Differential effects of aging on limb blood flow in humans” Limb blood flow should be proportionate to the demands made by limb tissues. Failure to meet demand would lead to reduced performance (e.g. muscle power, endurance etc.) and several researchers have linked reduced blood flow with the early onset of fatigue and diffuse pain; a prelude to RSI. Muscle mass tends to decrease with age. In this research, the ability of the circulation to cope with muscles working at 60% maximum work rate was compared between 21 and 71 year old people. There were no significant differences in forearm blood flow with age, after correction for muscle mass. Comment If (insufficient) blood flow is related to the development of diffuse forearm pain we would not expect a generalised effect of ageing. There are many other factors which could affect blood flow, including Body Mass Index, general health, medication

The study finds weak evidence of a moderate link between exposure to loud noise and risk of acoustic neuroma. Evidence from: CG Edwards et al. Am J Epidemiol (2006) Vol.163 p 327–333 “Exposure to Loud Noise and Risk of Acoustic Neuroma” Acoustic neuroma (AN) is a slow growing benign tumour of the sheath of the eighth cranial nerve (hearing and balance), in close proximity to the brain. Exposure to loud noise at work is still commonplace. AN is indivisible, but rare. Insurers could estimate the number of cases attributable to loud noise at work and could judge for themselves how good any claim is likely to be. Potentially problematic for claimants is that hearing surveillance could be the main reason that AN is associated with noise exposure: accelerated diagnosis. Further detail: 6#1 15

The EFSA Journal (2006) Vol.357 p 1 – 46 “Migratory Birds and their Possible Role in the Spread of Highly Pathogenic Avian Influenza” This European Food Safety Authority paper concludes that not enough is known/certain about avian influenza in wild birds to ensure that the right public health and commercial protection measures are put in place. Poultry keepers should increase bio-security measures, there should be more proactive monitoring of wild birds and vaccination programmes should be considered. Trade may need to be restricted but wild birds could be more effective at spreading disease than trade mechanisms and so reduce the benefits of such measures. Migration and movement patterns were too uncertain to be sure of this. The clearest recommendations were that poultry holdings should not be built in the vicinity of wetland areas and that new vaccines and how to use them, should be researched. Comment The definition of ‘wetland’ and ‘vicinity’ would be of interest to an

The report discusses the powers of detention in cases of contagious disease. People with an unusually virulent from of influenza could be detained in hospital as a health protection measure. Evidence from: R Martyn. Medical Law Review (2006) Vol.14 p 132 – 143 “The Exercise Of Public Health Powers In Cases Of Infectious Disease: Human Rights Implications” Considerable judgement is required to initiate the detention order procedure. Those who advise on such matters had better have suitable financial protection even though control actions are the responsibility of public authorities. Further detail: 6#1 13