Ethics, The Precautionary Principle, Status, and Our Future

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Ethics, The Precautionary Principle, Status, and
Our Future
Chemical Policy and Precautionary Principle
Subcommittee - Northwest Product Stewardship
Council (NWPSC) Seattle, WA Feb. 6, 2007
Steven G. Gilbert, PhD, DABT www.asmalldoseof.org
www.toxipedia.org
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A Small Dose of Toxicology
See www.asmalldoseof.org -- smdose
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Small Dose of Toxicology
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Milestones of Toxicology
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www.toxipedia.org
A free toxicology encyclopedia and resource
center that anyone can edit. Toxipedia provides
comprehensive, accurate, and scientifically based
information on the hazards and risks of chemical
and physical agents, with the goal of advancing
human and environmental health. Toxipedia
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NW Public Health
Public Health and the Precautionary Principle By
Steven G. Gilbert
See http//healthlinks.washington.edu/nwcphp/nph/
nwph
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Ethical Perspective
Public Health, Ethics and the Precautionary
Principle Its Matter of Policy NOT Resources
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Child Health
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Environmental Human Health
Conditions that ensure that all living things
have the best opportunity to reach and maintain
their full genetic potential. S. Gilbert (1999)
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Developmental Data
2863 above 1 Million pounds
12 or 0.4 good data
21.4 some data
78.2 no data
www.preventingharm.org
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The Consequences

• Nearly 12 million children (17) under age 18 in
  the US suffer from one or more developmental
  disabilities
• Learning disabilities 5-10 of kids in public
  school
• ADHD 3-6 of all school kids, maybe higher

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The First Bioethicist
Aldo Leopold
"A thing is right when it tends to preserve the
integrity, stability, and beauty of the biotic
community. It is wrong when it tends otherwise."
- Aldo Leopold, 1949, A Sand County Almanac
---------- 1887 - 1948 ----------
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Limits on Freedom
An ethic, ecologically, is a limitation on
freedom of action in the struggle for
existence Aldo Leopold
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The Commons
The Tragedy of the Commons By Garrett Hardin,
Science, 1968
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Technical Solutions
It is our considered professional judgment that
this dilemma has no technical solution. The
Tragedy of the Commons By Garrett Hardin,
Science, 1968
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Problems Solutions?

• Lead and kids
• Fetal alcohol syndrome
• Nuclear disarmament
• Bioterrorism
• Ocean Fisheries
• Persistent chemicals
• The Commons

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Precautionary Principle
When an activity raises threats of harm to human
health or the environment, precautionary measures
should be take even if some cause and effect
relationships are not fully established
scientifically. Wingspread Conference, 1998.
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Safety Efficacy vs Harm

• FDA regulations of Drugs (1938)
• FDA regulations of Dietary Supplements (Dietary
  Supplement Health and Education Act of 1994
  (DSHEA))
• Ephedra present an unreasonable risk of illness
  or injury (Dec, 2003)

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Central components

• Setting goals (Health indicators)
• Taking preventive action in the face of
  uncertainty
• Shifting the burden of responsibility to the
  proponents of an activity (Who benefits?)
• Exploring a wide range of alternatives to
  possibly harmful actions (Is it necessary?)
• Increasing public participation in decision
  making (transparency of information
  environmental justice)

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Precautionary Principle

• Reasonable
• Rational
• Responsible

Steven G. Gilbert. Precautionary Principle
Reasonable, Rational, and Responsible. Rachel's
Precaution Reporter 17. "Foresight and
Precaution, in the News and in the World".
Wednesday, December 21, 2005. http//www.precauti
on.org/lib/05/ht051221.htm (Environmental
Research Foundation http//rachel.org/).
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Reasonable

• Able to discourse or discuss matters
• Comprehensive and inclusive decision making
  approach
• Brings stakeholders together
• Emphasizes prevention rather than treatment
• Encourages sharing of information
• Considers future generations of humans and other
  species

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Rational

• Having the faculty of reasoning
• Decisions based on scientific knowledge and
  experience
• We have the knowledge and experience to prevent
  harm to future generations
• Uncertainty is not a reason to delay action to
  ensure human and environmental health

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Responsible

• Morally accountable for one's actions
• Ethical responsibility and duty to prevent harm
• Responsibility to promote human and environmental
  health
• The proponents of an action are responsible for
  demonstrating safety

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Estimated Costs - Washington
Diseases and disabilities (asthma, cancer, lead
exposure, birth defects, and neurobehavioral
effects) attributable to environmental
contaminants.
Disease/Disability (2004 million)
Kate Davies Economic costs of diseases and
disabilities attributable to environmental
contaminants in Washington State. Antioch
University Seattle 2005. http//washington.chenw.o
rg/pdfs/EnvironmentalCosts.pdf
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Env Justice 98108

• 98108 zip - South Park, part of Beacon Hill and
  Georgetown neighborhoods has more contaminated
  waste sites than any other community in Seattle.
  
• Soruce Community Coalition for Environmental
  Justice (www.ccej.org)

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An Example 98108

• 22 facilities have reported releasing air
  pollutants.
• 35 facilities have reported toxic releases.
• 6 hazardous waste treatment, storage and disposal
  facilities.
• 31 facilities are large quantity hazardous waste
  generators.
• Lower Duwamish River a through South Seattle as a
  federal SUPERFUND site
• Soruce Communnity Coalition for Environmental
  Justice (www.ccej.org)

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Seattle PP Working Group

• City Comprehensive Plans
• Every citizen of Seattle has an equal right to a
  healthy and safe environment.
• Seattle sees the Precautionary Principle approach
  as its policy framework to develop laws for a
  healthier and more just Seattle.

CHE-WA Seattle PP working group http//washingto
n.chenw.org/PPgroup.html
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Result of Effort

• Seattle Precautionary Principle White Paper
  (www.asmalldoseof.org)
• Inclusion of PP in Comp Plan Environment Element

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Seattle Comp Plan
Introduction - Environment Element When
environmental goals compete with other City
goals, such as those related to economic
development, the City is committed to giving just
consideration to the environmental goals to
protect the functions that natural systems can
perform and to prevent harmful effects on human
health. The City will continue to engage the
community about ways in which the City can give
consideration to the precautionary principle,
which generally provides .. (http//www.seatt
le.gov/DPD/stellent/groups/pan/_at_pan/_at_plan/_at_proj/do
cuments/Web_Informational/cos_004494.pdf)
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Seattle Public Schools

• Seattle Public Schools Board adopted an
  Integrated Pest Management policy and procedure
  (http//www.seattleschools.org/area/facilities/IPM
  /IPM.htm)
• Policy Statement It is the policy of the
  Seattle School Board that students and staff have
  a right to a healthy learning and working
  environment. (http//www.seattleschools.org/area/
  policies/h/H12.00.pdf)

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King County Initiative
Public Health Seattle and King County The
Local Hazardous Waste Management Program (LHWMP)
in King County in Washington State announced the
appointment of a new position to work on the
precautionary principle.
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WSPHA 2006 Resolutions
The Washington State Public Health Association
(WSPHA at www.wspha.org) unanimously adopted two
important resolutions at the 13th Annual
Washington State Joint Conference on Health that
addressed human health and the environment.
Endorsing the Precautionary Principle as a
Public Health Tool for Preventing Harm from
Persistent Bioaccumulative Toxic Chemicals
(PBTs) Resolved that - The WSPHA endorses the
precautionary principle as a vital component of
our preventive approach to public health in
Washington State, advancing the goal that all
people have an opportunity to reach and maintain
their full potential.
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WSPHA 2006 Resolutions
Supporting Safer Chemicals Policies to Benefit
Human and Environmental Health. This
resolution addressed the need to 1) reduce
exposure to PBTs, 2) encourages development and
use of safer, cost-effective alternative
products, materials, and processes, 3)
development of green chemistry, and 4) provide
full information on the health effects of all
chemicals placed into the marketplace.
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WA State DOE
Department of Ecology PBT Rule (WAC
173-333-410) Ecology will base decisions on PBTs
on sound public policy and credible scientific
information. However, ecology believes that lack
of full scientific consensus should not be used
as a justification for delaying reasonable
measures to prevent harm to human health or the
environment. (WAC 173-333-140)
http//www.ecy.wa.gov/pubs/wac173333.pdf
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WA State Efforts

• HB 1024 Phasing out the use of polybrominated
  diphenyl ethers.
• HB 1355 Incorporating human health analysis into
  environmental review under chapter 43.21C RCW.
• HB 1806 Limiting the use of high hazard
  pesticides on school facilities
• And others .

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States in the US

• California
• San Francisco Precautionary Purchasing Ordinance
  - June 2005
• Resolution of the Marin county board of
  supervisors
• A resolution to continue to incorporate the
  precautionary principle in county operations.
  Oct 2004
• Oregon
• Multnomah County, OR Resolution - September 2004
• New York State Legislation - April 2005
• Bill A07256 To protect public health and the
  environment by establishing a precautionary
  policy for state and local governments in New
  York State.
• Bill A07257 To establish a preference for the
  purchase of commodities, services, and
  technologies by the State of New York that
  minimize potential adverse impacts on public
  health and the environment.

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Toxics Use Reduction Institute
Toxics Use Reduction Institute (TURI) The
Institute (TURI) researches, tests and promotes
pollution prevention methods and alternatives to
toxic chemicals used in Massachusetts industries
and communities. Located at the University of
Massachusetts Lowell, TURI is part of the State's
TURA program. http//www.turi.org/ TURI was
established at the University of Massachusetts
Lowell by the Toxics Use Reduction Act (TURA) of
1989.
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WA State - TERT
Toxics Exposure, Report, and Tracking Panel
(TERT) (See draft bill) Identify alternatives
to PBTs used in manufacturing conducted in
Washington State. Work with Washington State
businesses to move to least toxic methods and
products. Work with businesses, state agencies
and recycling companies to address end-of-life
issues, and to formulate recommendations and
strategies. Function as an information
clearinghouse to share information to agencies,
businesses and researchers and students, on PBTs,
health and the environment. Provide expert
consultation to government, businesses and others
concerning PBTs, health and the environment
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US Government Effort

• Kids-Safe Chemicals Act of 2005
• U.S. Senators Frank Lautenberg
• Update the Toxic Substances Control Act
• Toxic chemicals must be tested
• Focus on Prevention

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Canada and PP
Agreement Respecting Canada-wide Standards for
Dioxins and Furans Steel Manufacturing Electric
Arc Furnaces Pollution Prevention Strategy In
keeping with the Precautionary Principle as set
out as guidance in the Canada-wide Standards
Sub-agreement, and in consideration of the CWS
principles of sound science, technical
feasibility and socio-economic impacts,
.. http//www.ec.gc.ca/CEPARegistry/notices/Noti
ceText.cfm?intNotice159intDocument939
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REACH-European Union

• REACH -- Registration, Evaluation and
  Authorization of Chemicals
• The two most important aims are to improve
  protection of human health and the environment
  from the hazards of chemicals and enhance the
  competitiveness of the EU chemicals industry.
• The Commissions White Paper on the Strategy for
  a future Chemicals Policy was adopted in on 13
  February 2001.
• A Precautionary approach

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REACH

• REACH -- Registration, Evaluation and
  Authorization of Chemicals
• Initially regulate High Production Volume (HPV)
  chemicals - produced or imported above 1,000
  metric tons.
• Total world wide production of chemicals 400
  million metric tons per year or 1.6 Trillion
• To be introduced into European Parliament late
  this year.

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Quantitative Risk Assessment
Process of estimating association between an
exposure to a chemical or physical agent and the
incidence of some adverse outcome. National
Research Council, Risk Assessment in the Federal
Government Managing the Process. National
Academy Press, Washington, DC, 1983
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Steps in Risk Assessment

• Hazard Identification
• Exposure Assessment
• Dose-Response Assessment
• Risk Characterization

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Limitations of Risk Assessment

• Lack of adequate data
• Most sensitive endpoint
• Low dose extrapolation
• Exposure information
• Multiple chemical exposures
• Complex expert driven undemocratic
• Individual sensitivity
• Narrow perspective Ethical??

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Precautionary Assessment
An approach to evaluating the scientific, safety,
community, ethical, and social issues related to
a compound or procedure.

• Community / Social Issues
• Exposure Issues
• Hazard / Toxicity

(Steven G. Gilbert. 'Precautionary Assessment' --
a New Tool for Making Decisions. Rachel's
Precaution Reporter 65. "Foresight and
Precaution, in the News and in the World".
Wednesday, November 22, 2006. (http//www.precauti
on.org/lib/06/ht061122.htm) Environmental
Research Foundation http//rachel.org/.)
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PP Next Steps

• WA State - expand recognition of PP at City,
  State, and County Level
• Amend the Seattle Comp Plan Environment Element
  to Environment and Human Health
• Amend the King County Comp Plan
• Chemical Policy reform (state)
• Require more transparency on the ingredients and
  use of chemicals
• State Board of Health recognize PP
• Establish a WA State - Toxics Exposure, Report,
  and Tracking Panel (TERT)

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How You Can Get Involved

• Join National CHE - www.cheforhealth.org
• CHE-NW/CHE-WA coordinator
• Elise Miller, MEd, Executive Director
• Institute for Childrens Environmental Health
• emiller_at_iceh.org www.chenw.org
• PP Working Group
• Steven G. Gilbert, PhD
• sgilbert_at_innd.org
• www.asmalldoseof.org

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Conclusion
The Precautionary Principle is part of the
evolution in our thinking and decision making
toward ensuring human and environmental health.
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The Potential of Children
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Additional Information

• The Science and Environmental Health Network
  (SEHN) (www.sehn.org)
• Late lessons from early warnings the
  precautionary principle 1896-2000 European
  Environment Agency (free)
• Garrett Hardin - The Tragedy of the Commons
  (Science, 1968)
• Ethical, legal, and social issues our children's
  future. Steven G. Gilbert. Neurotoxicology, 26/4
  pp 521-530, 2005.
• Public Health and the Precautionary Principle.
  Steven G. Gilbert. NW Public Health, Spring 2005.
  http//healthlinks.washington.edu/nwcphp/nph/

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Ethics and the Precautionary Principle
Questions or Comments?
Download Presentation from www.asmalldoseof.org
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Authorship Information
This presentation is supplement to A Small
Dose of Toxicology
For Additional Information Contact Steven G.
Gilbert, PhD, DABT E-mail smdose_at_asmalldoseof.org
Web www.asmalldoseof.org www.toxipedia.org
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Socially Responsible
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Asthma Diabetes
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Overweight Obese