Database

The claimant succeeded in demonstrating a relevant breach of duty. The causal relevance of breach of the Display Screen Equipment Regulations is bolstered by this judgement. Scientific support for this judgement is far from clear. Evidence from: Denton Hall Legal Services v Kathryn H Fifield [2006] EWCA Civ 169 Perhaps the regulator intended that the courts assume a causal link whenever there is evidence of a breach of duty? Further detail: 6#5-6 36

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

Evidence from: HSC Paper MISC/06/23 “Update on the SFAIRP infraction case and next steps” In practice, no EC member state actually applies the standard stated in Article 5(1); it is an unattainable ideal which leads, in practice, to SFAIRP type decisions at every point in the EC. The UK is among a very few jurisdictions which explicitly states how the ideal is approached in practice. Further detail: 6#5-6 34

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

Sleep disturbance is known to affect safety performance in drivers. Some forms of sleep disturbance are innate and should lead to reassessment of suitability to hold a commercial vehicle license. Evidence from: CHEST (2006) Vol. 130 p 902 – 905 “Sleep Apnoea and Commercial Motor Vehicle Operators” Well managed obstructive sleep apnoea should not be a bar to holding a license. The guidance provides an incentive to drivers to engage with medical help (which has been shown to be very effective in these cases) and demonstrate compliance with prescription. Further detail: 6#5-6 32

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