header-logo header-logo

19 March 2009 / Andrew Buchan
Issue: 7361 / Categories: Features , Personal injury , Employment
printer mail-detail

The knowledge question

Will employers pay the price for passive smoking in the workplace? Andrew Buchan reports

* * * * * *

The first studies into injury caused by passive smoking date back to 1982 and involve the link between smoking and cancer for non-smokers living with a smoker. These showed an increased risk to health and were followed by obfuscation and denials of the link by the tobacco industry.

In 1993 the US Environmental Protection Agency published a comprehensive report in which, having reviewed 30 epidemiological studies, found a positive association of passive smoking and lung cancer and classified environmental tobacco smoke as a known human carcinogen. In 1994 air hostesses in Florida were allowed to bring an action against the Phillip Morris tobacco companies for “second-hand smoke”. This case is reported to have settled for £300m in 1996.

Second-hand smoke

A 1997 BMJ editorial entitled “Passive Smoking: History Repeats Itself” sets out the advice from the Royal College of Physicians going back to 1962 warning of the risks associated with passive smoking. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll