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 publicity given to the BMJ study was widespread (see BMJ

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll