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: 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

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

The study shows that the concepts of burnout and depression are strongly correlated. This was the first attempt to measure this in a large cohort. The study lends weight to the idea that burnout precedes depression. If so, prevention of burnout would help prevent occupational depression. Job strain seems to be a strong predictor of burnout and of depressive symptoms but not of depressive disorder. The apparent contradiction could just be a measure of the low conversion rate from burnout to depression or, that job strain is not a predictor of depression. Previous history of mental disorder is a very strong predictor of burnout, depressive symptoms and current depression. Evidence from: K Ahola et al. JOEM (2006) Vol.48#10 p 1023 – 1030. “Contribution of Burnout to the Association between Job Strain and Depression: the Health 2000 Study” High job strain was predictive of burnout OR = 7.4 (95% CI = 5.6 to 9.6). High job strain was also predictive of depressive symptoms (OR of

Evidence from: HSE Research Report RR503. 2006 “An inventory of fibres to classify their potential hazard and risk” Details of factors which should affect potency. Further detail: 6#7-8 17

Evidence from: M Kabuto et al. Int J cancer. (2006) Vol.119 p 643 – 650 “Childhood leukemia and magnetic fields in Japan: A case-control study of childhood leukemia and residential power-frequency magnetic fields in Japan” The study reinforces the observation of a statistical association between domestic emf exposure and incidence of one kind of childhood leukaemia. G Berg et al. Am. J. Epidemiol. (2006) Vol.164#6 p 538 – 548 “Occupational Exposure to Radio Frequency/Microwave Radiation and the Risk of Brain Tumors: Interphone Study Group, Germany” No statistically significant association between occupational exposure and risk of diagnosed outcome was observed. S Lonn et al. Am. J. Epidemiol. (2006) Vol.164#7 p 637 – 643 “Mobile Phone Use and Risk of Parotid Gland Tumor” There was no statistically significant association between phone use (intensity, cumulative use or duration) and diagnosed outcome. Further detail: 6#7-8 16

Evidence in support of a causal association between night shift work and stomach ulcers. In this study the association with night shift work was moderate to strong but there was no attempt to identify which aspect of night shift work, or associated lifestyle choices, could provide a mechanism. Night shift work is of increasing prevalence, H Pylori infection is very common. Evidence from: A Pietroisti et al. Occ Env Med (2006) Vol.63 p 773-775 “Shift work increases the frequency of duodenal ulcer in H pylori infected workers” The prevalence of duodenal ulcer was higher in night shift workers than in day time workers; 29% vs. 9%. Odds ratio = 3.9 (95% CI = 2.1 to 7.5). Further detail: 6#7-8 15

The government initiatives on nanotechnology have identified several difficulties with risk assessment and regulation of risk. Work is progressing towards developing a language and methodology for risk assessment, focussing mainly on potential human health effects. In our view, current regulations are not well adapted to the proactive risk assessment of these engineered nanoparticles and the prediction of liability risk exposure remains highly uncertain. Most of the relevant regulations have the capacity to support retrospective interventions e.g. restrictions on supply after a harmful event has occurred. Evidence from: Department of Trade and Industry. October 2006. URN 06/1992 ‘Nanoscience and Nanotechnologies: Opportunities and Uncertainties’. Two-Year Review of Progress on Government Actions” Financial quantification of risk, the cost of control or mitigation, compensation and manifestation time-scales are not being tackled in a systematic way. Interest in economic and social

The Department of Health is proposing to increase the organisation and professionalism of medical expert witnesses in family law cases. Expert work in child protection cases is considered part of the remit of the NHS [to protect children] and could be paid for as a public service. The model has many features which could be applied to other expert witness work and would lead to greater accountability. Evidence from: Department of Health Consultation. October 2006. 277342 “Bearing Good Witness: Proposals for reforming the delivery of medical expert evidence in family law cases – Consultation” Quality assurance, peer review, mentoring and a knowledge service are all potentially transferable to other areas of medical expert witness work. Audit of opinion vs. objective outcomes could also be useful in increasing the accuracy of advice and this would be facilitated by the existence of a more organised body of expert witnesses. Further detail: 6#7-8 12

The detection rate for mesothelioma was assessed by comparing death certificate information with a register of mesothelioma patients. 75% of known cases were detected in routine practice. Evidence from: DR Camidge et al. British Journal of Cancer. (2006) Vol.95 p 649 – 652. “Factors affecting the mesothelioma detection rate within national and international epidemiological studies: insights from Scottish linked cancer registry-mortality data” Where mesothelioma was not the primary cause of death there is a good chance that the person concerned, and their relatives, would not know they had the disease. Further detail: 6#7-8 11

The study finds weak evidence of an increased risk of rheumatoid arthritis in those with exposure to asbestos dust. Evidence from: CW Noonan et al. Environ Health Persp. (2006) Vol. 114 p 1243 – 1247. “Nested Case–Control Study of Autoimmune Disease in an Asbestos-Exposed Population” This was very much a preliminary study but raises the possibility of compensation claims for asbestos related lung disease to include some element of compensation for arthritis. It seems very unlikely that any claim would be for arthritis alone. Further detail: 6#7-8 10

The great majority of human tuberculosis infection cases are contracted as a result close proximity to an infected person with overt illness. 10% of infected people will become ill with the disease, in most circumstances, carriers who are well will not act as a source of infection. In the UK most new cases are among those who contracted the disease while resident abroad. Evidence from: HPA Press Release 2nd November 2006 “Cases of Tuberculosis rise steeply during 2005” The cost of treating a drug-sensitive case of tuberculosis has been estimated to be £6,040, rising to £60,000 if the organism is multi-drug resistant. In 2004 7% of cases died, mostly among those aged over 65. In 2005 8.7% of TB cases were resistant to at least one first line drug. Drug resistance was highest in London and lowest in Northern Ireland but did not vary with country of origin. Further detail: 6#7-8 8

A very large number of traceable zoonotic events occur each year in the EU. Most result in mild illness but some are very serious/fatal. Tracing policy varies from one state to another but most events are caused by contaminated food or drink. People can carry disease while suffering no ill-effects and pass the disease on to others through food handling. Evidence from: The EFSA Journal (2006) 403, 1-62 “Zoonoses, Zoonotic Agents and Antimicrobial Resistance in the European Union in 2004” Bacteria were the cause of the majority of confirmed zoonotic infections in humans in the EU in 2004: Salmanellosis 192,703 cases (42 per 100,000)(principally from raw hen egg, [broiler] flesh and egg products, probably transmitted in animal feeds, between 2% and 18% of fresh poultry meat samples test positive, below 10% in pig meat, outbreaks have also been traced to foods washed with contaminated water, disease in humans is usually reversible, but was reported to have led to 12 deaths) Fur

The study confirms that there is no risk-free exposure to Radon. It also finds no interaction between radon and smoking; the risks are simply additive. In our view, this means that compensation issues should remain separate; material contribution should not be an issue. Evidence from: S Darby et al. Scand J Work Env Health (2006) Vol.32 supp1 p 1-16. “Residential Radon and lung cancer – detailed results of a collaborative analysis of individual data on 7148 persons with lung cancer and 14,208 persons without lung cancer from 13 epidemiological studies in Europe.” For lifelong non-smokers, the risks of lung cancer at 100 Bq/m³ and 400 Bq/m³ were estimated to be 1.2 and 1.6 respectively, relative to no radon exposure. For those smoking 15 – 20 cigarettes per day the relative risk of lung cancer would be 25.8 at 0 radon exposure, 29.9 at 100 Bq/m³ and 42.3 at 400 Bq/m³. Further detail: 6#7-8 3

Following the introduction of the workplace exposure limits (WEL) scheme and corresponding reliance on good practice, HSE have produced this extensive, detailed guidance on hazard control and health surveillance measures for work with respirable crystalline silica. Although very detailed, there remains uncertainty over the value of compliance when defending a civil or H&S enforcement action. Good practice, as defined in this guidance, includes compliance with permitted exposure levels; suggesting that exposure levels are the ultimate test of compliance, a situation which HSE have been trying to steer away from. Evidence from: HSE Series of publications on Silica The guidance covers: Brick and tile making, construction, ceramics, foundry work, silica manufacture, quarry work and slate work. The detail provides evidence of first hand insight into good practice. Further detail: 6#7-8 2

The established associations between silicosis and TB and with pneumoconiosis were confirmed. Support for an association with liver cancer in men is demonstrated. There was very weak, support for links with kidney disease and, lung cancer. Evidence from: A Marinaccio et al. Occ Env Med (2006) Vol. 63 p 762-765 “Retrospective mortality cohort study of Italian workers compensated for silicosis” There was no association with cardiovascular disease. Further detail: 6#7-8 1

Evidence from: SC Larsson et al. Int. J. Cancer (2006) Vol.119 p 2186 – 2189 “Coffee consumption and stomach cancer risk in a cohort of Swedish women” S Coon et al. Env Health Persp (2006) Vol.114 p 1872 – 1876 “Whole-Body Lifetime Occupational Lead Exposure and Risk of Parkinson’s Disease” E Carragee et al. Spine (2006) Vol.31#25 p 2942 – 2949 “Does Minor Trauma Cause Serious Low Back Illness?” Evidence for compensation-related deterioration. MA Nunno et al. Child Abuse & Neglect (2006) Vol. 30 p 1333–1342 “Learning from tragedy: A survey of child and adolescent restraint fatalities” Further detail: 6#9-10 30 BB

Evidence from: S Rohrmann et al. Am J Epidemiol. (2006) Vol.164 p 1103–1114 “Ethanol Intake and Risk of Lung Cancer in the European Prospective Investigation into Cancer and Nutrition (EPIC)” A Smith et al. International Journal of Epidemiology (2006) Vol.35 p 1504–1513 “Childhood leukaemia and socioeconomic status: fact or artefact? A report from the United Kingdom childhood cancer study (UKCCS)” W Anees et al. Thorax (2006) Vol.61 p 751 – 755 “FEV1 decline in occupational asthma” CM Villaneuva et al. Am J Epidemiol (2007) Vol.165 p148–156 “Bladder Cancer and Exposure to Water Disinfection By-Products through Ingestion, Bathing, Showering, and Swimming in Pools” PR Salameh et al. European Journal of Epidemiology (2006) Vol.21 p 681–688 “Chronic bronchitis and pesticide exposure: a case–control study in Lebanon” Further detail: 6#9-10 29 BB

Evidence from: EC C(2006) 6839 “FP7 theme 4 Nanosciences, Nanotechnologies, Materials and New Production Technologies -Nmp” 14th November 2006 DEFRA news release “Atypical scrapie found in sheep flock considered to be TSE-free” DoH news release 15th Jan 2007. “Advice to pregnant women during lambing season” JS Felton et al. Carcinogenesis (2006) vol.27#12 p.2367–2370 “REVIEW: A meat and potato war: implications for cancer etiology” M Fischer et al. Accident Analysis and Prevention (2007) Vol.39 p94–105 “Hyperactive children as young adults: Driving abilities, safe driving behavior, and adverse driving outcomes” Further detail: 6#9-10 28 BB

Evidence from: MMWR Weekly (2006) Vol.55(48) p 1293 – 1296 “Alcohol and Other Drug Use among Victims of Motor-Vehicle Crashes — West Virginia, 2004—2005” DWP Com 7003 “Completion of the review of the scheduled list of prescribed diseases” Further detail: 6#9-10 27 BB

Evidence from: Norton v Corus UK Ltd [2006] EWCA Civ 1630 NHS Gateway number 7645 “Injury Costs Recovery Scheme” CDC Advance Data Number 381 Dec (2006) “The State of Childhood Asthma, United States, 1980–2005” Further detail: 6#9-10 26 BB

Evidence from: BFR Health Assessment No. 012/2006. “BfR recommends provisional daily upper intake level and a guidance value for morphine in poppy seeds” Committee on Toxicity Statement 2006/10 “The Tolerable Daily Intake (TDI) for Perfluorooctanoic Acid (PFOA)” Committee on Toxicity Statement 2006/09 “The Tolerable Daily Intake (TDI) for Perfluorooctane sulfonate (PFOS)” University of Teesside Project Code: N05070 “A systematic review of the effect of nutrition, diet and dietary change on learning, education and performance of children of relevance to UK schools” Further detail: 6#9-10 25 BB