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

2. 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.

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 ).
US - best estimate of annual lung cancer deaths from radon is 21, % 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
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