Database

In this case it was found that an agency could be found to owe a duty of care towards its registered agency workers. The circumstances were unusual; this particular agency was highly regulated. Evidence from: Rice v Secretary of State for Industry High Court EWHC 1257 2006. Further detail: 6#5-6 6

The report concludes that clustering of childhood leukaemia cases occurs on a 5km geographical scale. That some of these clusters coincide with the location of nuclear industry sites is a matter of chance. Evidence from: Committee on Medical Aspects of Radiation in the Environment (Comare) 11th report. “The distribution of childhood leukaemia and other childhood cancers in Great Britain 1969–1993.” The result is of general use in assessing the meaning of any reported cluster. Further detail: 6#5-6 5

ACRE advised that if the nematode could be shown to die out naturally if released into the wild then it would be safe for us as a pesticide in the UK. Evidence from: Minutes: Advisory Committee on Releases into the Environment ACRE/06/M3 “Application to release an entomopathogenic nematode, Steinernema carpocapsae ACRE/06/P12” One of the items at the ACRE meeting was a discussion of the potential use of a nematode S. Carpocapsae to control pests in green houses and commercial turf activities (e.g. golf). The view was that there was some but small potential for harm to non target organisms. If the nematode could be shown to die out naturally in the wild the applicant would be likely to succeed in obtaining a recommendation for licensing. Comment It is illegal to introduce non-native species into the UK; Wildlife and Countryside Act (1981), unless a licence is obtained. Given that the nematode is non-native it would not be very difficult to identify the likely source of any d

The report highlights the unintentional but ubiquitous contamination of food by man made chemicals. Sources are diverse but high levels in some foods could be thought to predominate and therefore be the principle source of exposure. Foods with high levels are recorded here. Evidence from: World Wildlife Fund September 2006 “Chain of Contamination: The Food Link” The report lists chemicals and foods which contain them in large quantities. Further detail: 6#5-6 3

The Agency has determined that all products containing carbofuran (a widely used pesticide) are not eligible for re-registration. A small number of uses will be permitted until 2010. The immediate effect is a 98% reduction in use. High acute exposure is potentially fatal but there are no suspected ‘long tail’ effects of exposure. Evidence from: USEPA August 2006. “Interim Re-registration Eligibility Decision: Carbofuran” The case provides a clear example of the commercial impact of regulatory activity. D&O policies could provide a remedy. Further detail: 6#5-6 2

HSE express a view that good practice would take precedence over compliance with workplace exposure levels when deciding on enforcement action. The logic is that good practice provides a sustainable degree of protection whereas compliance with exposure levels could be fortuitous. Evidence from: HSC/06/02 July 2006. “Results of Consultation on Proposals for a Workplace Exposure Limit (WEL) for Respirable Crystalline Silica” This is a helpful clarification of the WEL regime which sets both exposure limits and good practice as the basis of enforcement action. Precedence is clearly given to good practice. Further detail: 6#5-6 1