Radon R isk in Irish State Buildings

1. Radon Risk in Irish State Buildings Mr. Pat Kirwan, Head of Risk & Operations, State Claims Agency

2. Background • State Claims Agency (SCA) • Manage personal injury & property damage claims against the Irish State. • Employers Liability, Public Liability, Medical Negligence. • Also manage underlying risks • Remit includes all Government Departments, the Defence Forces, Irish Police force (An Garda Síochána), the Irish Prison Service, schools, etc.

3. Risk Mandate • Advise and assist State authorities on measures to be taken to prevent the occurrence, or to reduce the incidence, of claims. • Ensure that they are fully aware of the measures necessary to address their risks. • No enforcement function.

4. Macro Risks • Asbestos • Toxic mould • Noise and dust • Driver training - State vehicles • Radon

5. Risk Management Strategy • Categorise risks as ‘macro’ or ‘micro’ Macro => multiple/large claims Micro => discrete/minor claims

6. Irish Law Sources of law : 1. Statutory law 2. Common law

7. Common Law - Negligence • Duty of care • Breach of that duty - failure to meet a certain standard of care • Damage to claimant • Causation - link between breach of duty and damage. • Burden of proof : onus of proving negligence rests with plaintiff - must show how and why the employer was in breach of his duty of care.

8. Tests for Negligence • Is defendant negligent, by act or omission? • Test : did defendant act as a reasonable person? • If defendant acted negligently, did plaintiff suffer injury or damage as a result of that negligence? • Was the injury/damage foreseeable based on contemporary state of knowledge? • If so, plaintiff is entitled to compensation.

9. Current State of Knowledge • Radon - Class A carcinogen (WHO) • Very small exposures can lead to lung cancer (NAS BEIR VI Report - 1999). • US - best estimate of annual lung cancer deaths from radon is 21,100 - 13.4% of all lung cancer deaths (US EPA, June 2003). • Exposure to indoor radon - leading cause of lung cancer after smoking - estimated to account for about 10% of lung cancers in Ireland (RPII)

10. Hypothetical Civil Action • 45y old senior civil servant with dependants. • Lung cancer. • Non-smoker. • Office in a high radon area. • Radon levels above threshold.

11. Plaintiff’s Case • Employer knew, or ought reasonably to have known, of the risks associated with exposure to radon. • Expert testimony : lung cancer was caused by radon exposure. • General damages : €150,000 - €200,000. • Special damages : €1.5m - €2m.

12. SCA Policy & Recommendations • ‘real risk’ of future litigation • Macro risk • Formally recommended to all Authorities to ‘initiate a programme of measurement of radon levels in buildings occupied by them’ • Carry out any necessary remedial measures • Hosted seminar

13. Scope of Project • All State Authorities • In excess of 1700 buildings • Central Government Departments, Defence Forces, An Garda Síochána, Prisons, Youth Offender Centres, Public Offices etc. • Predominantly by number Garda, Social Welfare Offices, Probation & Welfare, Defence Forces and Irish Prison Service.

14. Scope of Project - Types of Occupancy/Exposure • Office workplaces • Full time domestic • prisons • Youth Offender Centres • Garda • Defence Forces • Environment - National Parks & Wildlife • Domestic and workplace • Garda stations and residences • Defence Forces • Residential training • Áras an Uachtráin (House of the President)

15. Projected Numbers • Based on: • Limited information about location and occupants • Approximate categorisation of counties as high medium or low • Radon map based on domestic Reference Level of 200Bqm-3

17. Projected Numbers • Estimates based on previous experience in schools • Extrapolating from Schools Programme: • Est. no. >400Bqm-3 (9% for schools) = 158 • Est. cost (approx. €9,000 average) = €1.4m

18. Project Methodology

20. Issues • Staff concerns • Central network of Co-ordinators • Currently unoccupied buildings • Buildings that will be occupied in the near future • Database • record all relevant information • retention of records/continuity • copy of records to the SCA

21. Project Progress to Date • Total of 30 State Authorities • 20% (6) have completed monitoring and the necessary remedial works for all buildings • 60% (18) are still at monitoring stage • Remaining 20% (6) have not responded or have taken no action • Only four buildings had limits above the treshold limit, have been remediated and retested

22. Questions & Answers