Mental health in Canada: Are there any risky occupations and industries?

This study examined the role of occupations and industries in explaining differences among workers reporting poorer mental health in the Canadian workforce. It used data coming from a large representative sample of 77,377 workers engaged in 139 occupations and 95 industries. Logistic regression analysis was used to identify differences in the odds of reporting poorer mental health, adjusting for gender, age, education, marital status, and household income. Results identify ten occupations and nine industries at higher risk for workers reporting poorer mental health. The article concludes by highlighting implications for actors and policymakers and by specifying potential targets for intervention.     

Workers’ risk underestimation and occupational health and safety regulation

The standard treatment of occupational risk in the labour market is conducted in terms of the theory of compensating wage differentials, the basic characteristic of which is that workers can fully estimate actual occupational risks. However, research in cognitive psychology, and recent advances in economic psychology, suggest that individuals consistently underestimate risks associated with accidents. In this paper, we discuss the case when the workers systematically underestimate job risks. After presenting the standard treatment of occupational risks, and of health and safety at work regulation, we then proceed to incorporate the idea of job risk underestimation. The paper discusses the types and impact of regulation on health and safety effort in a simple framework in which workers’ beliefs concerning accident risks also play a role. The paper shows that a particular type of regulatory intervention is necessary for the risk underestimating workers not to suffer a welfare loss.     

Protecting the reproductive health of workers: problems in science and public policy

This paper first reviews the scientific problems involved in assessing the effects on reproductive health of toxic substances in the work environment. It then describes the current status of regulatory policies designed to control workers' exposures to toxins believed to affect reproduction. Finally, the paper discusses the relationship between scientific uncertainty and regulatory strategies. Because demonstrating reproductive health effects is extremely difficult, the assessment of the health risks of exposures, as well as of the economic costs of regulation, is probabilistic. Therefore, uncertainty is inherent in any regulatory decision in this area. And the case of reproductive risks is illustrative of the more general problem of protecting the health of workers within a context of scientific uncertainty, and within a highly charged political environment characterized by anti-regulatory sentiment and industries in economic decline.     

Getting the Big Picture on Nanotechnology Insurance Issues: Addressing Coverage Issues for Long Tail Claims Can Help Prevent Big Headaches

The possible applications of nanotechnology seem limitless and span across a wide variety of industries including manufacturing, agriculture, environment, pharmaceuticals, health care, security, information technology, communications, energy, chemicals, and even space exploration. However, the potential loss scenarios could go far beyond anything experienced to date and could bring about a new dimension in personal injury, property damage, and third-party liability risks.

Insurers and re-insurers have been keeping a close eye on the development of nanotechnology. Of particular concern is the prospect that nanotechnology may give rise to “long tail” liabilities such as the asbestos, environmental, and toxic tort liabilities that have plagued insurers, policyholders, and society in the United States. Businesses involved in any aspect of nanotechnology should be prepared for possible liabilities arising out of progressive injuries by conducting meaningful risk management and familiarizing themselves with their insurance coverage programs to avoid having big, uninsured problems if they are confronted with losses arising from nanoscale materials.     

Framed? Judicialization and the Risk of Negative Episodic Media Coverage

Activists on the left and right have increasingly turned to the courts to make policy, raising questions about the potential risks of judicialization. One possibility is that litigation is more prone to negative episodic media coverage than alternative modes of policymaking. Using across‐ and within‐policy area comparisons of stories about the Federal Black Lung Program, collective asbestos litigation strategies, and individual asbestos tort suits, we find that coverage becomes steadily more episodic and critical as it focuses on policy regimes that feature increasing amounts of adversarial legalism. Moreover, even the broadest coverage of asbestos litigation fails to explain why victims of asbestos turned to the courts, how powerful interests constrained their policy options, or how judges urged Congress to act. This limited and relatively critical anecdotal reporting implies that litigation may engender less favorable media coverage than its alternatives and that activists should weigh this risk when deciding to litigate.     

欧洲国家非职业性石棉受害者补偿制度评介

欧洲是较早进口和消费石棉的地区，石棉的使用不但对劳动者造成损害，也对企业周边居民以及劳动者的家属造成身体损害。自20世纪90年代非职业性石棉受害者问题显现之后，一些国家开始关注非职业性石棉受害者补偿制度的构建。法国是建立这一制度最早的国家，其后，英国和比利时等国家也通过立法对非职业性石棉受害者给予补偿，不过，由于社会情势不同，这几个国家的相关制度也存在一定的差异。     

Guarding against Nanotort Liabilities

Recent headlines comparing the health risks of nanotechnology to those of asbestos have appeared in newspapers throughout the country and on the Internet. Governmental agencies and standard-setting organizations have begun considering and actually adopting requirements to protect against such purported risks. The plaintiffs’ bar and potential plaintiffs have surely taken note. There is every reason to believe that the era of mass tort and class actions related to nanotechnology—“nanotorts” for short—is rapidly approaching. This article examines what nanotort claims might look like, the role that regulations and industry practices may play in such lawsuits, potential defenses to those claims, and what nanotech companies can do now to guard against future nanotort liabilities.     

Immigrant workers: health, law, and public policy

Immigrant workers are a large segment of the lower echelon of the U.S. labor force, and as many as 3.6 to 6 million of these workers and their families are living in the U.S. illegally. This paper examines who the recent immigrants are: explains why their current situation in the U.S. is an important public health matter; discusses the ethical and policy issues stemming from their health needs and from illegal status; and concludes with a brief look at some implications of the Simpson-Mazzoli Immigration and Reform Act, currently before Congress. The paper suggests that the illegal status of undocumented workers intensifies their health risks; that the immigrants' responsibility for budget short-falls in public services is not as clearcut as frequently assumed; and that legislation aimed at regulating the status of immigrant workers in the U.S. is unlikely to solve many of the central problems.     

Products liability issues in school asbestos litigation

The hazards posed by deteriorating friable asbestos in the nation's schools are causing serious concerns for public health officials, school boards, parents and school employees. Reports by both the Environmental Protection Agency and the U.S. Attorney General's Office agree that both school children and school employees stand a substantially increased risk of contracting some form of asbestos-related disease as a result of exposure to deteriorating asbestos materials in school buildings. School systems plagued by the asbestos hazards are now filing suits against asbestos manufacturers alleging causes of action in breach of warranty, negligence and strict products liability in tort. Some plaintiffs in school asbestos litigation seek to recover the costs of EPA-mandated asbestos inspection and abatement programs which have already been completed. Still others request injunctions to compel the manufacturers themselves to conduct inspections and finance abatement. This Note examines the school asbestos situation from a legal perspective and focuses primarily on whether the schools' claims should be considered as economic losses or as property damage. It examines the impact of statutes of limitations on these cases under both contract and tort theories. The Note argues that school asbestos claims should be decided under a strict products liability standard.     

Risk,response, and mental health policy: learning from the experience of the United Kingdom

Policy makers in the United States and the United Kingdom recognize that mentally disordered offenders present special challenges to law enforcement, mental health, and social service systems, as well as the community. Although various policy initiatives have advanced over the past twenty years to improve the management of mentally disordered offenders, mental health policy has chronically failed in both countries. Because safety concerns have emerged as the mental health system has been "deinstitutionalized," debate is growing about whether the community-care approach works-for the community. This study argues that mental health policy fails because policy makers focus on the wrong risks and design policies that manage these risks in ways that increase the possibility of adverse clinical and economic outcomes. The argument made here uses the case of persons with severe mental illness in the United Kingdom as an example of the complex relationship between risk and policy making in democratic governance. Emphasis is on the nature of risk in mental health policy and how government responds to policy and political risks. Mental health policy in Britain is then analyzed in terms of its response to and management of risks. Mental health policy has historically mismanaged the risk issue in the United Kingdom and as such has set in motion the growing community-care backlash. The path to a better outcome lies in the responsible management of the right risks. Lessons from the United Kingdom experience can be usefully applied to mental health issues in many industrial democracies.     

Occupational exposure to tuberculosis--OSHA. Proposed rule and notice of public hearing

The Occupational Safety and Health Administration is proposing a health standard, to be promulgated under section 6(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 655, to control occupational exposure to tuberculosis (TB). TB is a communicable, potentially lethal disease that afflicts the most vulnerable members of our society: the poor, the sick, the aged, and the homeless. As many as 13 million U.S. adults are presently believed to be infected with TB; over time, more than 1 million of these individuals may develop active TB disease and transmit the infection to others. TB remains a major health problem with 22,813 active cases reported in the U.S. in 1995. A number of outbreaks of this disease have occurred among workers in health care settings, as well as other work settings, in recent years. To add to the seriousness of the problem, some of these outbreaks have involved the transmission of multidrug-resistant strains of Mycobacterium tuberculosis, which are often fatal. Although it is the responsibility of the U.S. Public Health Service to address the problem of tuberculosis in the general U.S. population, OSHA is solely responsible for protecting the health of workers exposed to TB as a result of their job. OSHA estimates that more than 5 million U.S. workers are exposed to TB in the course of their work: in hospitals, homeless shelters, nursing homes, and other work settings. Because active TB is endemic in many U.S. populations, including groups in both urban and rural areas, workers who come into contact with diseased individuals are at risk of contracting the disease themselves. The risk confronting these workers as a result of their contact with TB-infected individuals may be as high as 10 times the risk to the general population. Although the number of reported cases of active TB has slowly begun to decline after a resurgence between 1985-1992, 16 states reported an increase in the number of TB cases in 1995, compared with 1994. Based on a review of the data, OSHA has preliminarily concluded that workers in hospitals, nursing homes, hospices, correctional facilities, homeless shelters, and certain other work settings are at significant risk of incurring TB infection while caring for their patients and clients or performing certain procedures. To reduce this occupational risk, OSHA is proposing a standard that would require employers to protect TB-exposed employees by means of infection prevention and control measures that have been demonstrated to be highly effective in reducing or eliminating job-related TB infections. These measures include the use of respirators when performing certain high hazard procedures on infectious individuals, procedures for the early identification and treatment of TB infection, isolation of individuals with infectious TB in rooms designed to protect those in the vicinity of the room from contact with the microorganisms causing TB, and medical follow-up for occupationally exposed workers who become infected. OSHA has preliminarily determined that the engineering, work practice, and administrative controls, respiratory protection, training, medical surveillance, and other provisions of the proposed standard are technologically and economically feasible for facilities in all affected industries.     

Beshada v. Johns-Manville Products Corp.: the function of state of the art evidence in strict products liability

In Beshada v. Johns-Manville Products Corp., the Supreme Court of New Jersey held that a state of the art defense is unavailable in cases brought under a theory of strict liability for failure to warn. The court indicated that asbestos producers may be held liable for their products' harms even if the health hazards of asbestos were unknown and not discoverable when the products were marketed. In a subsequent case, the New Jersey court held that state of the art evidence is relevant to whether a product is defective. This Case Comment examines these different uses of knowledge evidence in the disposition of products liability cases. It contends that manufacturers should not be held liable for unknowable risks. The Comment concludes that the state of the art defense establishes a logical limit on strict liability and promotes efficient resolution of products liability claims.     

Nanotechnology,Nanomaterials, and the Potential for Regulatory Action by USEPA

The U.S. Environmental Protection Agency (USEPA) has recently taken steps toward directly regulating the potential environmental, health, and safety risks associated with the manufacture and use of nanomaterials, and indications are that it is considering additional regulatory action. More particularly, the agency appears ready to start relying more on the exercise of its existing statutory authorities—including the Toxic Substances Control Act and the Federal Insecticide, Fungicide and Rodenticide Act—than on voluntary industry efforts to address these potential risks. As a result, companies that work with nanomaterials should pay close attention to USEPA's activities in this arena.     

Worker responses to workplace hazards

Recent policy initiatives in occupational safety and health have emphasized strategies that provide workers with information about workplace exposures. It is not clear, however, what effect this new information has had or will have on worker self-help initiatives. This paper analyzes individual and collective worker responses to information on job hazards using five sources of data on workers and industries in the United States. Levels of expressed dissatisfaction, discharges for cause, and strike frequencies are found to be significantly higher in hazardous jobs than in safe jobs. Individual quit strategies are not consistently found to be associated with higher hazard levels. These findings have potentially important implications for the design of future information-oriented health and safety policies.     

Nanotechnology: The Challenge of Regulating Known Unknowns

Media reports of the health hazards posed by nano-sized particles (NSPs) have turned a white hot spotlight on the risks of nanotechnology. Worried about the risks posed to workers producing nano-materials, the Washington Post has labeled nanotechnology a "seat-of-the-pants occupational health experiment." This article examines our emerging knowledge base about the hazards of two types of exposure: inhalation of NSPs and topical application of products containing NSPs. It argues that a clear-eyed evaluation of the benefits and risks of nanotechnology is made extremely difficult by the marriage of a complex science with a venture capitalist-like hype. It then suggests that, absent additional statutory authority, governmental regulators cannot readily address the risks posed by these products. This regulatory inaction leaves a significant role for the private insurance market, a role that regulators should support in tangible ways outlined in the article.     

Risk,Precaution, Responsibility,and Equal Concern

Systemic risks are risks produced through interconnected non‐wrongful actions of individuals, in the sense that an individual's action is a negligible cause of the risk. Due to scale effects of interaction, their consequences can be serious but they are also difficult to predict and assess via a risk assessment. Since we can have good reason to engage in the interconnected activities giving rise to systemic risk, we incur a concurrent collective responsibility to ensure that the risks are fairly distributed and well regulated. James argues that fairness in this context requires taking reasonably available precautions ensuring for each risk‐bearer a favourable ratio of expected benefits over expected losses. In sections 2 and 3 we argue that such a conception of fairness applies but only on the condition that the systemic risks created are irreversible risks and that the general background conditions of justice are imperfectly fair. When risks are reversible, compensatory justice can correct for unfairness in risk imposition. Where risks are irreversible, compensatory justice necessarily fails, giving rise to a collective responsibility to regulate fairly ex ante. Additionally, where background conditions of justice are fully fair and the systemic risk is well understood, risk bearers can be said to have consented to the systemic risk. If they are not fair, we argue that the primary political obligation should lie in fixing the fairness of the backgrounds of justice. A related reason for addressing the general background conditions of fairness is that James’ account of fairness in systemic risk imposition encounters a baseline problem. If expected risks and benefits are calculated again an unfair historic background condition, systemic risk imposition would not be fully fair. Section 4 shows why differences in evidentiary uncertainty as to probability and levels of harm and effective responses require a normatively appropriate response in the form of additional precautions. We show that the evidentiary standards set for risk‐based cost‐benefit analysis have a connection with deontology because they express a postulate of equal treatment in formal terms. Systemic risks can have different possible degrees of epistemological certainty due to factors of social and natural origin, such as more available research funding or higher degrees of complexity for some systemic risks but not others. These differences have to be mitigated by taking even greater precautions in difficult‐to‐research systemic risks.     

Potential for the Remediation of Methamphetamine Contamination Using Ozone,

The deposition of methamphetamine within indoor environments due to illegal activities can pose a health risk for occupants. Current cleaning techniques are costly and inefficient, calling for the development of alternative remediation methods. In addition, the fate of methamphetamine in indoor environments is largely unknown, negatively impacting our knowledge on the health risks associated with contaminated dwellings. Under the conditions of this study, 97% of surface deposited methamphetamine on a paper substrate was consumed after 12 min of exposure to ozone, thus demonstrating potential for its use as a remediation agent. The reaction had an effective second‐order rate constant with an upper limit of 2.15 ± 1 × 10^?18 cm³/molecule/s, and the main product observed was phenyl‐2‐propanone (P2P) at 8.3% yield, as determined using GC/MS. Several products observed in this study have also been reported as by‐products of methamphetamine synthesis, including P2P—a known methamphetamine precursor, which indicates that their detection at a potential clandestine site is not necessarily evidence of manufacture.     

Neoclassical Difficulties: Tort Deterrence for Latent Injuries*

Economists often claim that the tort system leads firms to provide consumers and workers with the socially optimal level of safety. Moreover, in the case of work-related hazards, employers are alleged to have another source of incentives to take precautions. If wages are sensitive to job-related risks, employers should spend money to reduce such risks when, by doing so, they can save more in wage costs than the costs of the precautions taken. Whatever their merits in other settings, in the case of latent injuries such as workplace exposure to asbestos neither tort nor market are likely to provide an optimal level of safety; indeed, they have failed to do so in the examples we discuss. We find that the introduction of a long delay between the exposure to a hazard and the onset of symptoms introduces a variety of empirical complications that overwhelm the assumptions on which the neoclassical model rests. Our conclusion is thus that comparisons between tort and alternative systems of deterrence/compensation should start from an empirical assessment of how the tort system actually works (and doesn't work), rather than beginning with misleading theoretical claims about the system's optimality.     

A Primer for Prospective “Secondary and Premises” Asbestos Defendants

Given the current state of the asbestos litigation, the potential for tort reform, and new information regarding past asbestos claim history, many companies are for the first time assessing their potential asbestos liability. To reduce the impacts of asbestos claims, these companies are evaluating decisions regarding past insurance settlements for environmental liabilities and carve-outs for asbestos liabilities, pursuing insurance coverage for past and future asbestos claims, prioritizing asbestos litigation and settlement strategies, and strengthening asbestos-related disclosures. Model estimates of future impacts of asbestos liabilities can be developed by assessing past claimant information, identifying past asbestos use, population and occupations exposed (worker and bystander), and accounting for future claim runoff. These model estimates can incorporate probability distributions to account for ranges in uncertainty based on published references as well as uncertainties defined by site- or claimant-specific data. By accounting for uncertainty and updating the model as new information becomes available, companies can proactively assess the past, present, and future impacts of asbestos on the company.     

Education, empowerment and community based structural reinforcement: an HIV prevention response to mass incarceration and removal

In the context of US urban jails, incarceration is often seen as an opportune intervention point for prevention interventions in public health. For the detained individual, it is an opportunity to reflect on individual choices and the potential for changes in one's life course. For population focused public health professionals, jail detention facilities represent a concentration of health risks, and an opportunity to have an impact on a significant portion of those at risk for HIV and other health concerns. This paper presents an innovative education and empowerment model that bridges across jail walls, beginning on the inside, and continuing on the outside of jail where individuals continue to be challenged and supported toward positive health and social choices. The intervention also seeks to foment community activism in the communities to which jail detainees return, thus aiming to have a structural impact. This paper examines both the intervention model and the challenges of examining the effectiveness claims for the intervention at multiple levels.