Volume 4: The Southwood Working Party, 1988-89
10. Discussion
Occupational risks

10.105 We have set out the passage in the Report dealing with occupational risks above (at paragraph 9.5). The Report referred to the danger of direct inoculation of bovine tissue occurring accidentally in certain occupations. It said that the HSE had been alerted to the potential concern about BSE and in particular to the possible infectivity of placentae. No specific additional guidance on BSE was thought appropriate at the time, but the Report emphasised that adherence to recommended procedures in handling animals and animal products was clearly very important.

10.106 Health and safety issues were considered at the third meeting of the Working Party on 16 December 1988. The minutes record: 'It was considered that [the HSE's] current line was appropriate.' ¹

10.107 The Report recommended at paragraph 8.3 that 'the potential problems caused by BSE are brought to the attention of the HSE who can consider whether further guidance should be given' (see paragraph 9.14 above). It seems to us that the effect of this recommendation was likely to be uncertain having particular regard to the statement in the body of the Report that the risk was remote and that no specific additional guidance on BSE was thought appropriate. Once again this indicated that occupational risks were remote whether or not steps were taken to address them, and we consider that the Working Party should not have used words that conveyed that impression.

10.108 We have, however, at paragraphs 3.5 and 3.6 above, described steps taken before publication of the Southwood Report to ensure that occupational risks were addressed. Those steps were commendable. Nevertheless, it remains an unfortunate fact that, just as in the case of medicinal risks, the Report was to be quoted in a manner which tended to dilute enthusiasm which might otherwise have been applied to the implementation of the precautionary principle. Thus the 'Guidance for Veterinary Surgeons handling known or suspected cases of BSE' published by MAFF in January 1990 stated:

Although the Southwood Report stated that it is 'most unlikely that BSE will have any implications for human health' some guidelines are considered necessary for those who must inevitably come into close contact with the disease. The offering of such guidelines does not imply knowledge of a risk to humans from BSE and, indeed, if BSE does behave like scrapie, there will be no threat whatsoever to human health other than through physical danger. ²

10.109 There is a lesson to be learned here. When drafting a Report dealing with risk, it is not safe or satisfactory to rely on private communications or assurances that have been made or received and, as a result, play down the need for precaution in the Report.