Abstract

Scholars, decision-makers, and pundits have long tossed around words and numbers meant to demarcate those health/safety risks that are too small to matter at all (called, variously, “trivial” or “de minimis” or “insignificant”), or risks that are so large as to be abhorrent (“unacceptable,” “intolerable,” and the like). But there has been nothing approaching a consensus about how large or small these important probabilities are, and worse, there have been no serious attempts to explore these concepts via any carefully-elicited preferences from laypeople themselves. Perhaps even more concerning, the dominant paradigm—cost-benefit analysis (CBA)—requires balancing of (monetized) risks against the costs of controlling them, but the parallel concepts of de minimis costs and intolerable costs have never been formally considered. As a result of these lapses, all attempts to consider equity or justice in the distribution of how risks and costs are borne are an absurdity, despite claims to the contrary. This article reports on a pair of elicitations involving 1350 laypeople. In one elicitation, a careful set of background and contextual explanations and a structured series of questions probed where each subject perceived lifetime excess mortality risk (from involuntary exposure) to become “so small you would not spend a moment thinking about it,” and where it becomes so large that “you would strongly object, as an ethical matter, to ever having to face it.” With a separate sample, we asked the parallel questions with regard to regulatory costs imposed by the government in the name of risk reduction. Although there was significant interindividual variation in responses, the central tendency of each of these four science-policy-values “goalposts” was as follows: (1) de minimis risk—a lifetime excess chance of premature death of 1 in 770,000; (2) intolerable risk—1 chance in 570; (3) de minimis cost—$25 per year; and (4) intolerable cost—$775 per year. These results offer, for the first time, a principled and evidence-based starting point for further refinement of which risks or costs to individuals can/should be disregarded in setting policy, and which must dominate policies regardless of how total “monetized lives saved” and total dollar costs compare to each other when viewed simplistically. We offer several prescriptions for how CBA might change, and how environmental/health/safety policy might improve, to take account of these fundamental thresholds in how risks and costs actually impose burdens on citizens. Both those interventions that impose intolerable costs while only reducing diffuse and trivially small risks, and those failures to intervene (sufficiently) that perpetuate intolerable risks for the sake of avoiding trivial and eminently manageable costs, are inefficient, unjust, and are thus unethical.

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