Database

Political interest in the proportionality of risk control measures has re-surfaced in the UK after a long period where a precautionary approach was automatically assumed. Discussants seem to focus on the opportunity cost of excessive regulation. In our view, efforts to re-focus safety work on significant risks will depend very strongly on the lead set by the courts. To that extent, insurers will be involved in this policy initiative. Evidence from: Health and Safety Commission HSC/06/46 April 2006. “Sensible Risk Management” In our view, HSC attempts to deal with the issue of proportionality could have an influence on liability risk exposures. Regulatory interventions should be proportionate and will influence the courts. Further detail: 6#3-4 40

An offence of corporate manslaughter would be based on the common law standard “gross negligence”. In our view this will lead to rapid evolution of what is meant, in civil law, by gross negligence. One of the key difficulties with proving the offence will be proof of proximity between a management decision and cause of death. The law will probably have a retrospective effect and liability insurers will be involved if there is any prospect of interim payments being made. Evidence from: Government response to HC 540, March 2006. “Draft Corporate Manslaughter Bill” The accepted definition and scope of ‘gross negligence’ could evolve as a result of this Bill. In our view it seems likely that the current tests of gross negligence will be relaxed. Further detail: 6#3-4 39

This very small study found evidence that could one day be used as part of an objective evaluation of hand-arm vibration syndrome. Nerve damage of this sort is not reversible but could have many alternate causes. Loss of sensory nerves in the skin, to this degree, on its own, would usually lead to mild impairment. Evidence from: HW Liang et al. J Occ Env Med (2006) Vol.48 p 549 – 555 “Reduced Epidermal Nerve Density Among Hand-Transmitted Vibration-Exposed Workers” Further detail: 6#3-4 38

Voice loss is a very general term including a wide range of impairments. There is detailed guidance on the prevention of voice loss but this is based on expert opinion and is untested in field research. IIAC concluded that diagnosis, causation and impairment were all too uncertain to warrant inclusion as a prescribed disease. Evidence from: Industrial Injuries Advisory Council (IIAC). Position Paper 16. March 2006. “Occupational Voice Loss” Further detail: 6#3-4 37

DEFRA have reviewed the available technologies for gene containment and ACRE support their findings. In essence, all containment strategies have weaknesses and post-release monitoring would almost always be required. Evidence from: ACRE Advice February 2006. “Advice on the implications of findings in a Defra-funded desk study: ‘Technologies for biological containment of GM and non-GM crops’” The report lists the ways in which containment can be made more likely. This should be of assistance in insurance risk assessment. Further detail: 6#3-4 36

The report confirms a causal link between exposure to contaminated metalworking fluids and extrinsic allergic alveolitis. Evidence from: DWP IIAC Cm6867 “Extrinsic Allergic Alveolitis” EAA is a very rare disease and can almost always be traced to an occupational exposure. When a disease could arise from several possible causes IIAC look for evidence of a doubling of risk associated with an occupational cause. No such statistical evidence was available for EAA in respect of metalworking fluids; IIAC relied upon the rarity of the disease to conclude that it was too much of a coincidence that one workplace would have more than one case. Further detail: 6#3-4 35