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Recent Articles

2012: Diesel engine exhaust and lung cancer.

Jun 18, 2012
0 Comment
Evidence of causal association and mechanism has been slowly gathering since the late 1980s. The International Agency for Research into Cancer (IARC) has now published a position statement. Their conclusion: diesel exhaust is carcinogenic to humans.  http://download.thelancet.com/flatcontentassets/pdfs/S1470204512702802.pdf  Estimates for the UK indicate that up to 1000 lung cancers and around 100 bladder cancer cases each year could be a result of occupational exposure. There are no diesel exhaust exposure standards in the UK but standards exist in the USA and it is likely that these are regularly exceeded in some kinds of work. Perhaps it would be a good time to undertake a thorough review of liability exposure and the barriers to liability exposure. The next issue of the Radar journal will begin that process. Evidence from: Lancet June 15, (2012) DOI:10.1016/S1470- 2045(12)70280-2 and DT Silverman et al. J Natl Cancer Inst (2012) Vol.104 p 1–14
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Breast cancer and shift work

Jun 08, 2012
0 Comment
An association between night shift work and breast cancer risk has been found. Many of the known risk factors for breast cancer were corrected for in obtaining this result. Although causation is not illuminated by this study, there are authoritative bodies that have concluded that night shift work is probably carcinogenic to humans. While causation probability may still be very low, it is possible to estimate the liability exposure should causation be established and assuming this research is approximately representative of shift work more generally.  Evidence from:  J Hansen et al. Occup Environ Med (2012). doi:10.1136/oemed-2011-100240 Nested case-control study of night shift work and breast cancer risk among women in the Danish military At a meeting on the 12th June (2012), subscribers to the Radar service will be advised as to the number of credible liability cases per year and the industry sectors potentially most affected in the UK. While there are no specific duty of care standa
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May 2012. OFT begins to understand Compulsory Motor Insurance.

May 31, 2012
0 Comment
This quote is pretty telling: ‘Competition in this market does not appear to work well for drivers. We believe the focus that insurers have on gaining the competitive edge through raising their rivals’ costs means that drivers pay more than they need to for their motor insurance policies’.  From John Fingleton. CE OFT http://www.oft.gov.uk/news-and-updates/press/2012/44-12 This idea was also the main thrust of the introduction of my Lyons Davidson presentation in April this year. OFT have now realised that the reason it happens are structural rather than a result of collective action, but blaming insurers is compulsory in press statements these days. It is true that insurers gain more competitive advantage out of cost loading their competitors than they do out of being good insurers. A brief familiarity with economics leads to that conclusion. Compulsory 3rd party insurance has to develop that way if utility is to be optimised. It is inevitable and requires no collect
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Mesothelioma – when is asbestos exposure harmless?

May 30, 2012
0 Comment
Several researchers have provided data on this question. These sources have been summarised by C La Vecchia and P Boffetta  and published in European Journal of Cancer Prevention (2012) Vol. 21(3) p 227-230. There is evidence from different sources that risk of mesothelioma is decided by the age of 30 in highly exposed workers. Exposure after that age doesn’t make a measurable difference to risk. Further exposure is harmless as far as mesothelioma is concerned. Popular orthodoxy would say this conclusion couldn’t be true but would proponents of such orthodoxy have measurable proof? La Vecchia and Boffetta didn’t find any. The result could become influential in the debate following the recent triggers ligation (Durham v BAI (run-off) etc). In this, it was found that injury-in-fact occurred at exactly 5 years prior to diagnosis. The temptation is to say, if already injured then further exposure is harmless. If so then causation policies in the preceding 5 years would no
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2001. Shift work – accidents and sleep disturbance.

May 29, 2012
0 Comment
It would seem from this research that 12-hour shifts are no more hazardous than 8-hour shifts. For the workers studied here it would seem that the 12-hour shift was preferred. Evidence from: MD Johnson et al. International Journal of Industrial Ergonomics (2001) Vol.27 p.303. Many industries and services have begun to introduce rotating 12-h schedules. There have been concerns that such schedules may influence the rate of occupational injuries, workers health, and factors that may contribute to stress. Established 8-hour shift patterns are already known to produce sleep disturbance. 412 employees were selected for the study, which was controlled and selected on the basis of accurate representation of work types and employment contracts. Response rates were over 80%. Results from before and after the change in shift pattern were compared. With respect to amount of sleep, the responses were significantly in favour of the 12-h schedule over the 8-h schedule. The study also indicated that
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2001. Biodiversity damage – liability regime.

May 28, 2012
0 Comment
Early signs of action on liability for environmental damage – expanding on the Habitats Directive. Evidence from: MacAlister Elliott and Partners Ltd / Economics for the Environment Consultancy Ltd Study on the Valuation and Restoration of Biodiversity Damage for the Purpose of Environmental Liability. The report describes restoration as being either return to baseline or compensatory or a mixture of the two. Much depends on economic valuation techniques. The Radar report is available to subscribers: SK 1#6 9
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