Evidence from: Food Standards Agency. October 2006. “Food served to older people in residential care” HSE 23rd October 2006 “Revised asbestos regulations to come in to force on 13 November 2006” Environment Agency RIFE-11 “Radioactivity in Food and the Environment, 2005” “UK Government Response to the European Commission’s Discussion Paper on the Setting of Maximum and Minimum Amounts for Vitamins and Minerals in Foodstuffs.” Further detail: 6#7-8 34 BB

Evidence from: HESA News 14th Nov 2006 A silent pandemic: industrial chemicals are impairing the brain development of children worldwide DEFRA 28th Sept 2006 Organic Statistics England Further detail: 6#7-8 33 BB

Evidence from: JD Holder et al. JOEM. (2006) Vol.48#10 p 1047 – 1053 “Fire-fighter Heart Presumption Retirements in Massachusetts 1997–2004” K Kreiss et al. JOEM (2006) Vol.48#10 p 1062-1069 “Risk Factors for Asthma among Cosmetology Professionals in Colorado” MMWR weekly (2006) Vol.55(28) p 1040-1042 “Chikungunya Fever Diagnosed Among International Travelers — United States, 2005—2006” NIOSH RI 9668 “Effectiveness of Selected Diesel Particulate Matter Control Technologies for Underground Mining Applications: Isolated Zone Study, 2004” DWP Press Release 18th Oct 2006 “Labour market figures – employment above 29 million for first time” EEA Report No9/2006 ISSN 1725-9177 “Greenhouse gas emission trends and projections in Europe 2006” Further detail: 6#7-8 32 BB

Evidence from: Food Standards Agency 6th July 2006. Cow from same herd as BSE infected animal has entered food chain Food Standards Agency 6th July 2006. VPC report on growth hormones in meat R Boylstein et al. Journal of Occupational and Environmental Hygiene (2006) Vol.3 p 530 – 535 Diacetyl Emissions and Airborne Dust from Butter Flavorings Used in Microwave Popcorn Production ME Flanagan et al. Journal of Occupational and Environmental Hygiene (2006) Vol.3 p 144 – 152 Silica Exposure on Construction Sites: Results of an Exposure Monitoring Data Compilation Project Further detail: 6#5-6 58 BB

Evidence from: DP Gross et al. Occ. Env. Med (2006) Vol.63 p 404 – 410 “Does functional capacity evaluation predict recovery in workers’ compensation claimants with upper extremity disorders?” Epidemiology (2006) Vol.17 p 506 – 511 “Transient Exposure to Coffee as a Trigger of a First Nonfatal Myocardial Infarction” H Nishiura et al. Epidemiology (2006) Vol.17 p 576 – 581 “Still Protected Against Smallpox? Estimation of the Duration of Vaccine-Induced Immunity Against Smallpox” MMWR Weekly August 18th (2006) “Adult Blood Lead Epidemiology and Surveillance — United States, 2003–2004” Federal Institute for Risk Assessment. Press release 31st Aug 2006. “Indications that styrene has a tumorigenic effect in humans” GESTIS international database on hazardous substances Environment Agency Press Release 17th August 2006. “Fire & Rescue Service’s role in pollution prevention recognised” Further detail: 6#5-6

Evidence from: JJ Ho et al. Accident Analysis and Prevention (2006) Vol.38 p 961 – 968 “Estimation of reduced life expectancy from serious occupational injuries in Taiwan” A Magrez et al. Nano Letters (2006) Vol.6#6 p 1121 – 1125 “Cellular Toxicity of Carbon-Based Nanomaterials” MJ Seed et al. Allergy (2006) Vol.61 p 648 “Prediction of asthma hazard of thiamine” WT Gallo et al. Occ.Env. Med. (2006) Vol.63 p 683 – 687 “The impact of late career job loss on myocardial infarction and stroke: a 10 year follow up using the health and retirement survey” H Virkkunen et al. Occ. Env. Med. (2006) Vol.63 p 378 – 386 “The triad of shift work, occupational noise, and physical workload and risk of coronary heart disease” Those exposed to all factors of this triad had approximately a twice greater CHD risk than those exposed to none of them. In retrospect, this study was worthy of much greater attention than was given at the time. Further d

Evidence from: MC Turner et al. Int. J. Cancer. (2006) Vol.118 p 3124-3132 An overview of the association between allergy and cancer A Navas-Acien et al. Environ. Health. Persp. (2006) Vol.114 p 641 – 648. Arsenic Exposure and Type 2 Diabetes: A Systematic Review of the Experimental and Epidemiologic Evidence KZ House et al. PNAS (2006) Vol.103. p 12291 to 12295 Permanent carbon dioxide storage in deep-sea sediments A Schreier et al. J. Psychiatric. Res. (2006) Vol.40 p 283 -292 Clinical characteristics of Major Depressive Disorder (MDD) run in families – A community study of 933 mothers and their children MM Weissman et al. Am J Psychiatry. (2006) Vol. 163 p 1001 – 1008 Offspring of Depressed Parents: 20 Years Later J Szabo et al. Bioelectromag. (2006) Vol.27 p 451 – 457 Occupational 50 Hz Magnetic Field Exposure Measurements Among Female Sewing Machine Operators in Hungary Further detail: 6#5-6 55 BB

Evidence from: Weightmans 4th May 2006. “CIT Robberies raise PI claims” USEPA “High Production Volume Information System” PD Darbre. J Applied Tox. (2006) Vol.26 p 191 -197 “Metalloestrogens: an emerging class of inorganic xenoestrogens with potential to add to the oestrogenic burden of the human breast” Food Standards Agency Project T07011 “Immunochemical reactivity to peanuts and nuts in allergic individuals” EFSA Scientific Report (2006) Vol.84 p 1 – 102 “Dimethoate” USEPA “Ships as Artificial Reefs” Further detail: 6#5-6 54 BB

A preliminary research finding casts doubt on the current estimates of vCJD incidence. They could be underestimates. Evidence from: JW Ironside et al. BMJ (2006) Vol.332 p 1186 – 1188 “Variant Creutzfeldt-Jakob disease: prion protein genotype analysis of positive appendix tissue samples from a retrospective prevalence study” The study examined tissues from 12,674 samples retained after surgery. Samples from three people were found to have evidence of prion disease. Two of these samples were tested for genotype at the codon 129. All clinical cases of vCJD to date have been of the type MM which forms a substantial minority of the population. Further detail: 6#5-6 53  

The potential market for biodegradable plastics is very significant. Ones that incorporate natural rubber latex could be problematic due to the potential for allergy problems. Evidence from: J Shey et al. Industrial Crops and Products (2006) Vol.24 p 34 – 40 “Properties of baked starch foam with natural rubber latex” The paper reports the development of natural starch based plastic packaging incorporating natural rubber latex. The packaging offers tensile property improvements and great resistance to water damage. It is fully biodegradable. It would however require a thin plastic layer to protect it from water damage. The US EPA estimated that in 2003 there were 24 million tonnes of plastic in municipal solid waste. Comment Latex allergy is among the most common of allergies.

The government have made a clear decision that compensation for loss arising out of the coexistence of GM and non-GM production should be borne by the GM sector. The paper outlines various options for financing that obligation. Private insurance is not considered a viable option at this time. There is no consideration of the situation where a GM crop is damaged by the presence of a non-GM contaminant. Evidence from: DEFRA July 2006. “Consultation on proposals for managing the coexistence of GM, conventional and organic crops” Whilst Defra remains open to the idea of an insurance market developing, it does not see this as a solution in the short-to-medium term. Therefore, the issues around a possible insurance market have not been explored in this paper. Further detail: 6#5-6 47

GM techniques offer the potential to increase the efficiency of biofuel production. Evidence from: C Schubert. Nature Biotechnology. July (2006) Vol.24#7 p 777-784 “Can biofuels finally take center stage?” Wood is well adapted to avoid bio-degradation into sugars. By modifying micro-organisms it may be possible to obtain sugars from cellulose. Further detail: 6#5-6 46

Should the employer be vicariously liable for the wrongs committed by the employee? Yes. Even if the wrong is criminal, a limit on vicarious liability would have to be explicitly stated in the statute. Evidence from: Majrowski v Guy’s and St Thomas’ Trust [2006] UKHL 34 Vicarious liability is a common law principle of strict, no-fault liability. Under this principle a blameless employer is liable for a wrong committed by his employee while the latter is acting in the course of his employment. Foreseeability is not an issue. It is no defence that the employer had taken all reasonable measures to prevent the wrong. The principle is implied in all statutes unless the statute specifically limits it. Further detail: 6#5-6 41

The bulletin draws on a variety of information sources to quantify the rates of occupational disease in the UK. None can be considered accurate and some are very inaccurate or misleading. Evidence from: HSE 31st Aug 2006. “Occupational Health Statistics Bulletin 2005/06” Considerable judgement is needed in converting these official statistics in liability exposure estimates. Further detail: 6#5-6 35

One conference presentation was selected for reporting here. It clearly states the limited knowledge base available for the accurate regulation of vibration exposure. There is little doubt that vibration exposure can be harmful. However, in our view, current Regulation of exposure must have been developed on the basis of something other than just objective scientific evidence. Such Regulation may be of questionable relevance to proof of negligence and causation in civil cases. Evidence from: NIOSH publication No. 2006-140 “Proceedings of the First American Conference on Human Vibration” We do not know whether there is any disorder specific to whole-body vibration, or what disorders are aggravated by exposure to whole-body vibration. We do not know the relative importance of vibration and other risk factors in the development of back disorders. Further detail: 6#5-6 33

The EC scientific committee once again find that there is next to no evidence of adverse health effects of exposure to electromagnetic fields. Evidence from: EC Scientific Committee on Emerging and Newly Identified Risks 19th July 2006 “Preliminary opinion on possible effects of electromagnetic fields (EMF) on human health.” Further detail: 6#5-6 31

The study finds evidence of a weak link between shift work and increased risk of circulatory disease. Evidence from: F Tuchsen et al. Occ. Env. Med. (2006) Vol.63 p 451 – 455 “A 12 year prospective study of circulatory disease among Danish shift workers” The risk of incident circulatory disease was related to shift work even after all other variables had been corrected for. RR = 1.3 (95% CI = 1.1 to 1.6). The attributable fraction of circulatory disease in the whole population was estimated to be 5% (i.e. nationally, among workers, 5% of circulatory disease was attributable to shift working). Further detail: 6#5-6 29

The study adds weight to the view that exposure to environmental tobacco smoke could be associated with an increased risk of early, spontaneous abortion. Evidence from: L George et al. Epidemiology (2006) Vol.17 p 500 – 505 “Environmental Tobacco Smoke and Risk of Spontaneous Abortion” Abortion is an indivisible outcome. The relative risk of spontaneous abortion was increased for women exposed to ETS; OR = 1.7 (95% CI = 1.2 to 2.4) and for women who smoked; OR = 2.1 (95% CI = 1.4 to 3.3). Further detail: 6#5-6 25

This reasonably high quality study found evidence that exposure to environmental tobacco smoke was associated with a small increase in risk of glucose intolerance [a pre-diagnostic indicator of diabetes] within a 15 year timescale. Evidence from: TK Houston et al. BMJ (2006) Vol. 332 p 1064 – 1069 “Active and passive smoking and development of glucose intolerance among young adults in a prospective cohort: CARDIA study” For risk assessment purposes it would be helpful to know how many people have no other predispising vulnerability to developing diabetes. Further detail: 6#5-6 24

The report clearly asserts that lung cancer, heart disease and sudden infant death syndrome are causally related to exposure to environmental tobacco smoke. Asthma is not caused by exposure but there is limited evidence that frequency and intensity can be increased by it. Evidence from: United States Department of Health and Human Services. June 2006 “The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General.” For heart disease and for lung cancer the independent additional risk from ETS exposure is of the order of 25%. Those who regard exposure to risk being equivalent to material contribution would probably regard this as compensable but, so far, legal precedent in the UK would tend to exclude this as a cause of action in its own right. Further detail: 6#5-6 23

Evidence from: V Parry Times 21st October 2006 “Food fight on a tiny scale” Article prepared in advance of a major conference on the use of nanotechnology in the food industry. Reported developments include: o Nano filters for removing viruses and bacteria from liquid foods such as milk. o Nano sensors to indicate the condition of food o Nano labelling to ensure traceability o Nano coatings to reduce the effect of ultra violet spoilage o Nano particle containers to enhance vitamin content. o Nano emulsifiers to increase the miscibility between oil and water; reduces fat content. Comment Developers have not yet been making the results of toxicological research available in the scientific literature. For packaging the key issue is migration into food. For direct inclusion, the issues are redistribution in the host, biodegradability, toxicity to specific tissues, accumulation, synergy with other agents etc.

Pesticides are commonly found at detectable levels in all kinds of foods. The official report finds that in a small proportion of samples, levels exceed guideline values. Evidence from: Annual Report of the PESTICIDE RESIDUES COMMITTEE 2005 Directive 91/414/EEC governs the authorisation of pesticide products. Levels above the MRL were typically in excess by two or three times. Very little of this could be attributed to contamination during handling, the main reason for excessive contamination was not following the appropriate guidelines during the growing phase. Commercial liabilities would be affected. Further detail: 6#5-6 19

The mechanism of the protective effect of alcohol consumption in men and women appears to depend on gender in the 50 – 65 age group. Risk modelling that fails to recognise this effect could be significantly inaccurate; leading to false, gender specific, associations between hazard and heart disease. Evidence from: J Tolstrup et al. BMJ (2006) Vol.332 p 1244-1248 “Prospective study of alcohol drinking patterns and coronary heart disease in women and men” In terms of risk modelling, this paper shows that there are no simple ways of characterising the balance between adverse and beneficial effects of alcohol consumption. Further detail: 6#5-6 18

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