The report outlines how noise pollution can affect wellbeing and perhaps also health. Annoyance and heart disease are highlighted here. The report follows an EU Directive on noise pollution and aims to encourage harmonisation of responses across Europe. Evidence from: European Environment Agency ISBN 978-92-9213-140-1 Oct (2010) Good practice guide on noise exposure and potential health effects Risk of heart attack has been related to environmental noise exposure. 11#1 4

Evidence from environmental health research could eventually lead to liability exposure, based on material contribution. Of more immediate concern is the support for setting an occupational exposure standard; which would include  nanoparticles. Evidence from: Committee on the Medical Effects of Air Pollutants (COMEAP) (2010) ISBN 978-0-85951-685-3 The Mortality Effects of Long-Term Exposure to Particulate Air Pollution in the United Kingdom PM2.5 exposure is diffuse in nature and as such a specific insured would be hard to identify. Even if they were identified, the likelihood is that the pollution is not sudden and accidental. However, given the developing theory of liability for diffuse effects (climate change, biodiversity) it is conceivable that liability for PM2.5 exposure could one day be an issue for heart disease and stroke. 11#1 1  

The authors find little evidence of injury or productivity problems associated with employing older workers. Even if age by itself is not predictive of injury or productivity problems, vulnerabilities do in fact increase with age. It is debatable whether a higher standard of care should automatically be considered at age above 50, but failure to look for known, very common, vulnerabilities at any age could be regarded as negligent. Evidence from: HSE RR832 (2011) An update of the literature on age and employment According to the report, Age by itself is not a valid trigger for a higher standard of the duty of preventive care; breach of duty would be established by the normal standards. 11#1 18

The study lends some support to the contention that low levels of exposure to crystalline silica can cause lung cancer. Lung cancer risk was increased at levels of exposure below those likely to cause silicosis. If accurate, the findings imply that the current WEL of 0.1 mg.m-3 would not prevent all cases of lung cancer. Risk was detectable only after 25 years of low level exposure. Silicosis status was not reported or corrected for. Evidence from: L Preller et al. Occup Environ Med. (2010) Vol.67 p 657-663 Occupational exposure to silica and lung cancer risk in the Netherlands The current WEL for crystalline silica is 0.1 mg.m-3; equivalent to 4.5 mg.m-3.years for a working lifetime of 45 years. In 1993 HSE estimated that > 90,000 UK workers were exposed to levels in excess of this. 11#1 12

MMWR Weekly 8th December 2006 “Gastrointestinal Injuries from Magnet Ingestion in Children — United States, 2003–2006” Three cases of injury after swallowing magnets included as part of children’s toys. Autopsy in one case showed that two groups of magnets had joined across two loops of intestine, restricting blood supply to the tissues leading to sepsis. Surgery in another case found a magnet to have perforated the end of the small intestine. The editor [working for Center for Disease Control (CDC)] recommends that caregivers should keep products with magnets out of environments where children aged <6 years are playing and be aware of the unique risks if ingested.

Food Standards Agency 10th November 2006 “Dunbia NI recalls meat products” Over thirty month cattle cannot enter the food chain without first passing a BSE test. When a 54 month old cow was wrongly identified it was mixed with tissues from other animals resulting in 21 products being potentially contaminated with BSE. The products were withdrawn to be disposed of as animal by products. The news report did not say whether or not there was evidence of BSE in any of products. On the 12th of December FSA reported that an untested cow of 30 months and 10 days age had entered the food chain without being tested. The meat was supplied to a farm shop. Comment These incidents could give rise to anxiety in spite of official assurances that the risk is very low. _______ Health Protection Agency 18th January 2007 “4th case of variant CJD infection associated with blood transfusion” Diagnosis occurred nine years after receiving a blood transfusion from someone who later deve

In a glass house experiment, GM plants increased the soil concentration of Bt proteins but this change in soil conditions had no measureable effect on nematode or soil bacteria populations. Evidence from: BS Griffiths et al. Plant Biotechnology Journal (2007) Vol.5 p 60 – 68 “Varietal effects of eight paired lines of transgenic Bt maize and near-isogenic non- Bt maize on soil microbial and nematode community structure” Further detail: 6#9-10 21

Acoustic neuroma (AN) incidence has increased very significantly in the past decade; this paper explores some of the possible risk factors. Evidence from: ML Schoemaker et al. Int. J. Cancer (2006) Vol. 120 p 103–110 “Medical history, cigarette smoking and risk of acoustic neuroma: An international case-control study” Epilepsy, smoking and parity should be assessed in any future research into causes of AN. Further detail: 6#9-10 20

The answer seems to rely on whether or not there is evidence that fast food is inherently defective and whether or not the Big Food companies know it. The assertion is that it is not inherently defective and guilty knowledge would only be determined if a case went as far as the Discovery procedure. Evidence from: LS Pinchuk. Law.Com 28th Feb 2007 “Are Fast Food Lawsuits Likely to Be the Next ‘Big Tobacco’?” There is, apparently, no evidence that fast food is inherently defective. Further detail: 6#9-10 19

The statistical links between allergies and specific cancers continue to be reinforced and this paper finds that risk of glioma is reduced in those with a history of allergy. The lack of variation of protection with cancer type leads us to the tentative view that there would be unlikely to be an effect [protective or aggravating] of occupationally acquired allergy in the absence of atopy. Evidence from: MJ Schoemaker et al. Int. J. Cancer (2006) Vol.119 p 2165–2172 “History of allergies and risk of glioma in adults” It is tempting to propose that allergies have the effect of increasing the ability of the immune system to recognise, and eliminate, brain tumours. Further detail: 6#9-10 18

The case examined whether or not there was a duty of care to protect employees from exposure to noise of less than 90 dB(A) intensity. It concluded that in general 90 dB(A) was an acceptable threshold from 1963 up until 1987 when the case for an 85 dB(A) action level was first consulted on in public. It also established a method for determining noise induced hearing loss when loss was small and rejected a duty of care based on the prevention of harm when that harm could not be identified in an individual case. Harm from exposures at 85 dB(A) was probably undetectable. Evidence from: Parkes v Meridian Ltd [2007] EWHC B1 (QB) 14th Feb 2007. in an area where the hearing loss to be expected can be regarded as marginal, or minimal, or so small as not to be identifiable in individuals but only in a statistical sense there could in my view be no liability at common law for breach of duty in exposing employees at such levels. Degree of risk remains a valid test of the standard applied to the d

Early theories about the toxicity of nanoparticles include dependency on surface area, particle size and surface activity. In this case, surface activity [a measure of the ionic state of the surface] was the key variable in relation to lung inflammation. Evidence from: DB Warheit et al. Toxicological Sciences (2007) Vol. 95(1) p 270 – 280 “Pulmonary Bioassay Studies with Nanoscale and Fine-Quartz Particles in Rats: Toxicity is Not Dependent upon Particle Size but on Surface Characteristics” Surface activity can be measured in a standard way, but guidance as to safe or unsafe levels is not available. Further detail: 6#9-10 15

The extensive and logically structured report examines what research is needed to support the risk regulation of nanotechnologies. Attention is restricted to poorly soluble, engineered particles that may be encountered during manufacture or as free particles in a product and which have the potential to persist once in the body. In our view, a significant absence from the plan is the understanding of the mode of action of the nano particles; i.e. those actions which make them commercially exploitable. Evidence from: BfR August 2006 “DRAFT: Nanotechnology: Health and Environmental Risks of Nanoparticles– Research strategy” The research needs identified are based entirely on classical toxicology and exposure assessment concepts e.g. surface area, bio persistence, surface reactivity, stereochemistry. There is no mention of risk assessment for the intended property or action of the nano engineered product. The rationale is based on passive properties. Further detail: 6#9-10 14

The finding that use of sunbeds could lead to increased risk of melanoma and squamous cell carcinoma cancer should come as no surprise. Evidence from: IARC Press Release No 171 29th November 2006 “Sunbed use in youth unequivocally associated with skin cancer” Further detail. 6#9-10 13

An outbreak of H5N1 in factory farmed turkeys has been controlled through a policy of containment and slaughter. No vaccination of poultry was involved. The outbreak originated in Hungary but there was no identifiable breach of H5N1 control regulations or other duties. Evidence from: Health Protection Agency/Food Standards Authority 15th Feb 2007. “Possible transmission of H5N1 avian influenza virus from imported Hungarian turkey meat to the UK” Further detail: 6#9-10 12

Evidence from: DoH news release 1st December 2006 “Health Secretary announces date England will go smoke free” The smoke free elements of the Health Act 2006, come into force from 6am on the 1st July 2007. Virtually all enclosed public places and workplaces will become smoke free environments. This will include offices, factories, shops, pubs, bars, restaurants, membership clubs, public transport and work vehicles that are used by more than one person. Indoor smoking rooms, still common in workplaces, will no longer be allowed. Anyone intending to smoke who is in an enclosed public place or workplace will have to go outside instead. This legislation will help to prevent the unnecessary deaths caused every year from second-hand smoke, and recognises that there is absolutely no safe level of exposure. Comment The precise wording of the law was not available on the 1st December. The consultation document asserted that there was no safe level of exposure to tobacco smoke. Proof

The ELD introduces a common framework for the assessment of damage, standards and financing of remediation. Many of the provisions already operate in England, Wales and NI. New defences are proposed but, in our view, would have limited scope if the directive is transposed as described in this consultation. New liabilities for remediation following release of micro and macro organisms are identified. New options of complementary and compensatory remediation are likely to be introduced. The Government proposes to resist the use of a “permit” and “development risk” defences. The ELD creates the possibility of using these defences but each jurisdiction can define the scope that applies. The choice of scope could be challenged. In our view, insurance against the costs of remediation would not experience a step change as a result of this directive and the way the UK government intends to transpose it. Liabilities to third parties would probably be unaffected though there may be more scope fo

The Scientific Panel on Food Additives, Flavourings, Processing Aids and Materials in Contact with Food has reconsidered its view of the toxicity of bisphenol A (BPA). New research points to the prescription of a lower degree of protection. BPA has been associated with endocrine disruption. Evidence from: The EFSA Journal (2006) 428 “2,2-BIS(4-HYDROXYPHENYL)PROPANE (Bisphenol A)” Applying the standard safety margins, the tolerable daily intake (TDI) rate for humans has now been set at 50 microgrammes per kg body weight; the previous TDI was set at 10 microgrammes per kg body weight. This is 100 times lower than the no observable adverse effect level in rat experiments. Further detail: 6#9-10 5

The report confirms the concerns about unintentional exposure to antineoplastic drugs and highlights several guidance notes that are generally available on this subject. Guidance began to appear in 1981. Medical consequences of exposure include the possibility of those with long latency periods e.g. heart disease. Occupational exposures would tend to be more complex than those of patients and, last much longer. Evidence from: TH Connor et al. CA Cancer J Clin (2006) Vol.56 p 354–365 “Preventing Occupational Exposures to Antineoplastic Drugs in Health Care Settings” Unlike patients, health care workers may be exposed at a low level for many years. Further detail: 6#9-10 4

Acid copper chromate (ACC) has been in use as a wood preservative in industrial/commercial settings in Europe and in the USA since 1920. USEPA has now taken steps to ensure it continues to be excluded from sale for domestic purposes. Their concern is that chromate (Hexavalent Chromium) is both carcinogenic, an irritant and an allergen and that there will be some uncontrolled exposure. Treated wood should be disposed of as if hazardous waste (not just burnt). Evidence from: US EPA 8th Jan 2007 “Acid Copper Chromate (ACC) Residential Uses Won’t be Registered” Metal based wood preservatives have been in use for decades and pressure treated woods contain several kg of metal per cubic metre. Further detail: 6#9-10 2

Evidence from: HPA Centre for infections “Report of Seminar on Ethical and Social Aspects of Testing for vCJD” Current practice includes no right to opt out of such information; potential donors found to be reactive to blood tests for vCJD should therefore be informed of their test result. The wording on the consent form is “I understand that if my donation gives a positive result for any of [the listed] tests I will be informed and asked to attend for further confirmatory tests and advice.” Further detail: 6#7-8 29

Evidence from: F Wang et al. Plant Biotechnology Journal (2006) Vol.4 p 667 – 676 “A large-scale field study of transgene flow from cultivated rice (Oryza sativa) to common wild rice (O. rufipogon) and barnyard grass (Echinochloa crusgalli)” Pollen mediated gene flow is known to vary with distance between source and receptor, with family closeness and with timing. In this study a large area of land was planted with GM and non-GM rice at various times to ensure some synchronisation of flowering. In this experiment the GM rice was herbicide tolerant. The maximum transgene flow was between 11% and 18% when source and receptor were within 1 metre. Probability of flow decreased rapidly with distance reaching 0.01% at 150 to 250 metres. Probability was related to wind speed; greater transport distances were detected in areas with higher wind speeds. Gene flow to barnyard grass, grown amongst the GM rice for 5 successive years, could not be detected. Comment The rates of gene flow

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: Food Standards Agency. 5th October 2006. “Illegal GM Rice Update.” At least one consignment of long grain rice imported from the USA was found to be contaminated with GM rice, LLRICE601. US authorities had certified it was GM free. Positive identification was announced by the Dutch authorities on the 21st August but tests on UK imports have so far proved negative. The European Safety Authority pronounced that the low level contamination was ‘not likely to pose an imminent safety concern’. However, in response, the EU has now decided that all rice imports from the USA should be retested in the EU and official certificates should follow the supply down to the wholesale level. It is illegal to sell contaminated rice; some products should therefore be withdrawn from sale. However, if anyone has already purchased such a product they can continue to eat it. Comment The only way to test for contamination is to use the same techniques that have already provided incon