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

Background Also manage underlying risks 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.

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.

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

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

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

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.

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.

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)

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

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.

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

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.

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 Residential training Áras an Uachtráin (House of the President)

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

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

Project Methodology

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

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

Questions & Answers