Addressing environmental and occupational cancers: the role of law

Track 1

AOS3-7

Abstract presented before N

Disclosure of interest: none

Sondra Davoren Senior Legal Policy Advisor McCabe Centre for Law and Cancer

Approx. 19% of all cancer deaths attributable to the environment (including work settings)

1.3 million deaths per year

Reducing or eliminating exposure is key to prevention

Burden of Environmental & Occupational Cancers

Source: http://www.who.int/mediacentre/factsheets/fs350/en/

How do we reduce or eliminate exposure?

Affordability

• Fiscal measures

• Taxation • Pricing

Availability

• Licensing • Access • Supply • (Affordability)

Awareness

• Visibility • Advertising • Marketing • Sponsorship • Packaging

The role of law in modifying exposures to tobacco, alcohol and food

Tools: Regulation, civil and criminal litigation

What to regulate? The environment is all the physical, chemical and biological factors external to the human host, and all related behaviours, but excluding those natural environments that cannot reasonably be modified. Includes: Pollution (chemical or biological agents); UV and ionizing radiation; electromagnetic fields; occupational risks (asbestos); built environment; agricultural methods. Excludes: alcohol and tobacco consumption, diet; genetics. Environmental / occupational cancers: cancers that can be causally linked to factors in the environment / workplace Source: WHO Preventing Disease Through Healthy Environments

Role of law in modifying environmental & occupational risk

• What is the intent of regulation? – Ban use (chemicals, agents) – Minimise use (chemical pollutants) – Safe use (ionising radiation)

• What is the setting for regulation? – Environment – Workplaces

Role of law in modifying environmental & occupational risk

• Who or what are the targets of regulation? – Product/substance/process – Actors: manufacturers, retailers, suppliers, consumers,

workplaces

• How do we respond to uncertainty? – In risk, causation, evidence

• How to respond to inevitable exposure?

How do we reduce or eliminate exposure?

Affordability

• Fiscal measures

• Taxation • Pricing

Availability

• Licensing • Access • Supply

Awareness • Visibility • Advertising • Marketing • Sponsorship • Packaging

The role of law in modifying exposures to environmental risks

Tools: Regulation, civil and criminal litigation

Legal tools • Regulation

– International law: • WHO FCTC, international trade and investment law • Basel Convention; Rotterdam Convention; ILO Asbestos Convention and others; WTO

– Domestic law: • Range of laws and policies – including taxes

• Civil litigation – Master settlement agreement (tobacco) – Mass compensation claims for workers in national courts

• Criminal prosecution – Criminal law – for alcohol, tobacco? – Companies violating occupational health and safety, or environmental protection laws.

Asbestos • Regulation

– International law: listed as hazardous waste in the Basel Convention; hazardous chemical in the Rotterdam Convention (with the exception of chrysotile asbestos); ILO Asbestos Convention

– Bans - full or partial bans – Safe handling or disposal

• Civil litigation/tort law - negligence – Mass compensation claims for workers in national courts

• Criminal prosecution – Companies violating occupational health and safety, or environmental

protection laws.

• Regulation – The harmonization of standards for radiation

protection – Public policies & legislation, to promote

appropriate justification of radiological medical procedures to avoid unnecessary exposures

– Regulations for occupational radiation protection (e.g., shielding, time and distance to the source, limits for the effective dose in workers) and dose-monitoring systems

• Litigation?

Ionizing radiation

Outdoor air pollution

• Regulation – International treaties… – Urban planning regulations – Emissions controls – Industry regulations

• Litigation?

Some concluding thoughts

• Tools are the same / application different

• How do we deal with imperfect regulation?

• Holistic and flexible approach is required

- responsive regulation - special protections for at risk occupations

© Cancer Council Victoria (McCabe Centre for Law and Cancer) 2016. No part of this publication may be reproduced without written permission. The materials provided are for general informational purposes only and do not constitute legal advice.