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19 March 2009 / Andrew Buchan
Issue: 7361 / Categories: Features , Personal injury , Employment
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The knowledge question

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

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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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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