What about the local population who, in spite of themselves, are exposed to these same pesticides? “Our initiative is not against farmers, but is intended to provide compensation to people who find themselves in situations similar to those of farmers, who have the same diseases. We are asking for a compensation system to be established,” commented the former Minister of the Environment of the Juppé governments at a press conference.
For her and her colleagues, it is not normal that three diseases that are recognized as occupational diseases related to exposure to pesticides are not recognized among those who live near the sprayers. “Safety instructions for farmers have been formulated (overalls, protection of the nose, mouth, eyes, forbidden to return to the sowing sites within 48 hours). The neighbor does not go out for 48 hours, he lives there. There are no special means of protection. And even if it is locked at home, we know that pesticide dust gets into homes. It is shocking that the locals do not receive any compensation if they are sick,” she claims.
Cheap collective action
This collective action is the first initiated by the Hugo Lepage law firm. The initial idea was to seek compensation for local residents who were victims of one of the three diseases recognized as occupational. But several of the files submitted also relate to pediatric illnesses and the anxiety associated with living near an area of spread. In civil law, it is anxiety impairment or a constant feeling of worry caused by the risk of developing a disease associated with exposure to a dangerous substance at any time. The company will also take care of these files.
Initially, damages will be sought from the state “for failing to introduce adequate and effective regulations regarding the use and spread of pesticides.” In case of refusal, the administrative court is referred. Cost of the procedure: 230 euros per file.
In order to participate in the collective action, all non-professional victims can go to a dedicated platform to create a file and submit the necessary documents, regardless of age, whether they are sick or fear for their health. The procedure can also apply to women and children exposed to pesticides during pregnancy.
Pesticides identified in relation to six diseases
The government’s recent report on the Ecophyto 2030 strategy, published in May, recognizes “a strong assumption of a link between occupational exposure to plant protection products and six pathologies”: three already recognized as occupational diseases, but also multiple myeloma, cognitive disorders, chronic obstructive pulmonary disease disease (and chronic bronchitis).
Regarding the protection of the local population, the report proposes the introduction of an information tool to raise the awareness of health workers about pesticide-related occupational diseases and the problem of local population exposure. It also plans to study the possibility of implementing a compensation system for local residents different from the fund that currently exists for professionals.
“Impossible” causation to be proven
A significant difference: “the presumption of imputability implied by occupational disease tables will, by definition, not be applicable in a non-occupational context”. Indeed, suffering from an illness that is recognized as an occupational disease allows you to receive compensation without providing evidence of causation. “But that causal connection is the whole point. Apart from asbestos, fragments of which are found in the pleura of patients, we can never prove 100% that a certain pathology is caused by a certain product, it is impossible. How, then, can the local population be compensated when they can be told that their illness may not be due to the spread of pesticides; Prostate cancer and Parkinson’s disease are not rare conditions,” emphasizes Corine Lepage.
The action should be launched during June. About twenty files have been received so far, but the company expects more with the launch of the platform.