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Risks Newsletter

Number 231 - 5 November 2005

hazards magazine

hse

risks logo Editor: Rory O'Neill of Hazards magazine. Comments to the TUC at healthandsafety@tuc.org.uk

Risks is the TUC's weekly online bulletin for safety reps and others, read each week by over 12,000 subscribers and 1,500 on the TUC website. To receive this bulletin every week, click here . Past issues are available . This edition contains Useful links TUC courses for safety reps Disclaimer and Privacy statement .

UNION NEWS
24 February 2006 is Work Your Proper Hours Day

The TUC's award-winning 'Work Your Proper Hours Day' will take place on Friday 24 February next year. This is when the TUC estimates that people who do unpaid overtime will stop working for free in 2006 and start to get paid. On that day the TUC is urging people who do unpaid overtime to take a proper lunch and arrive and leave work on time. 'Bosses should put this day in their calendar and make plans to say thanks to their hard-working staff,' said TUC head of campaigns Nigel Stanley. 'But it's a date that should also be in the leisure, arts and hospitality industry diaries. This popular campaign is a great opportunity to run special promotions on the day to give millions of people lots to do in their extra time at lunch and after work,' from getting a new hair-do, to visiting the gym or seeing a film or a show. He added that Work Your Proper Hours Day is a light-hearted way to raise the problem of long hours working in the UK. 'Most employees like their job and care about their work, it's one of the reasons they put in unpaid extra time,' he said. 'This year we will be providing practical advice on how employers and employees can work smarter to cut their hours and improve the quality of their work.'

Safety call after teacher payouts

Teachers' union NASUWT is calling for a review of health and safety rules in schools after winning hundreds of thousands of pounds in compensation for members injured or made ill at work. A 42-year-old special needs teacher in south Wales was awarded £250,000 for back injuries and a Bristol reading tutor was awarded £14,000 after a bookshelf fell on her. The union has also settled a second six-figure compensation payout in three months for serious breathing conditions caused by wood dust. In August, a Nottingham craft teacher was awarded £150,000 after developing rhinosinositis caused by inhaling wood and MDF dust (Risks 219). In the latest case, a 55-year-old craft and technology teacher from Accrington was awarded £130,000 after developing occupational asthma caused by exposure to wood dust. NASUWT general secretary Chris Keates said: 'How many more teachers will have to become too ill to work and their expertise be lost to the profession before all employers take their responsibility for the welfare of their employees seriously?' She added: 'Compensation is cold comfort when you can no longer do the job you loved and your health is damaged.'

Amicus launches massive attack on bullies

Bullying in the workplace is a growing drain on the economy, according to the union Amicus. The problem costs up to £1.3m a year in sick leave, lost productivity, people leaving their job and the cost of replacing them, the union said. In a bid to tackle the problem, which affects two million people a year, Amicus and the government have launched Europe's biggest anti-bullying drive. The Dignity at Work scheme is also backed by big name firms including BT, Royal Mail, British Airways and Legal & General, as well as the anti-bullying charity, Andrea Adams Trust. Mandy Telford, head of the bullying project at Amicus, said: 'Bullying is a widespread and serious problem and one which none of us can afford to ignore. Thanks to the support of the DTI we will be working with some of the UK's foremost employers to eradicate bullying and its root causes to create a culture of respect across workplaces in the UK.' A new campaign website provides information about the initiative and advice for workers facing bullying. Amicus says the Dignity at Work Partnership is the world's largest anti-bullying project, made possible thanks to just under £1million worth of funding from co-funder the Department of Trade and Industry.

Another level crossing, another worker dead

A farm worker has been killed when his tractor was hit by a train, prompting renewed calls from a rail union for urgent action on level crossing safety. Father-of-two David Muffett died on 19 October when a train smashed into his tractor on a level crossing at Black Horse Drove, Littleport, in Norfolk. Safety concerns have grown in the region after a string of near misses, including a similar incident in August when a tractor was hit near the town of March. ASLEF general secretary Keith Norman said: 'How many more fatal accidents do we need before we see any action from government or Network Rail?' The union says that the solution is to provide train drivers with the available technology which enables them to see ahead up the line and which it says could prevent 99 per cent of level crossing crashes. Keith Norman has written to the MP outlining the union's proposals for the use of a track-to-train surveillance system that gives the driver real-time video information about possible obstructions on the track ahead.

Laxer rail accident inquiry rules invite cover-ups

Back door relaxation of rules that require independently led inquiries into serious rail accidents will open the way to a cover-up culture, rail union RMT has warned. The union says it has learned that independently led formal inquiries into serious incidents will be waived by the Rail Safety and Standards Board (RSSB) if the employers directly involved agree that one should not be held. 'This is a huge leap in the wrong direction for railway safety,' RMT general secretary Bob Crow said. 'It is unacceptable that employers directly involved in serious incidents can put their heads together and request an automatic exemption from the duty to hold an independently led inquiry. The RSSB is effectively an employers' organisation and there are very clear and obvious reasons why it should not have the right to overrule that obligation.' The union leader said independent reports provided crucial lessons on how safety performance could be improved. 'RMT has made it clear to the RSSB that we object to this abuse of its right to issue non-compliance certificates, imposed without any consultation with us,' Bob Crow said.

OTHER NEWS
Hutton chosen to replace Blunkett

John Hutton has been named as the new work and pensions secretary following the resignation of David Blunkett. The appointment comes ahead of a Green Paper on incapacity benefit, intended to get up to one million of the 2.7m claimants back to work. As secretary of state at the Department of Work and Pensions (DWP), Hutton now heads the department responsible for workplace health and safety. Commenting on his appointment, Hutton said: 'The prime minister has made clear that my job is to press ahead with the government's radical welfare reform agenda so that rights are properly matched with responsibilities. I am very much looking forward to that challenge.' He added: 'We will reform incapacity benefit so it continues to support those who genuinely cannot work but can better help and support those who are able to return to work.'

Britain's remorseless asbestos epidemic

The asbestos cancer mesothelioma is killing five people every day in the UK - and the daily toll is rising. Burnley resident Mary Smith, 75, washed her husband's asbestos-covered overalls for almost 40 years and died in May after she contracted the industrial disease mesothelioma, an inquest ruled in October. Her husband had worked as a lagger. Seriously ill Aberdeen woman Janette Shaw, 56, is suing her former bosses for £200,000, claiming they are responsible for her mesothelioma. She has launched her fight for damages against Crombie's textile mills. She believes her illness was triggered by exposure to asbestos at the firm's former Grandholm mill where she worked as a winder. The widow of a former Rugby worker Robert Cox who died aged 79 of mesothelioma is searching for people who worked alongside him to help with her legal battle for compensation. Mary Cox believes her husband was exposed to asbestos fibres whilst working for British Thompson Houston/AEI (Rugby). Irresponsible companies are ensuring the asbestos epidemic will blight another generation. Essex building company Leyford Construction was fined almost £45,000 last month after an employee was exposed to asbestos. Basildon Magistrates' Court was told company director Graham Marfleet failed to understand rules concerning the removal of asbestos insulation, which required the company to hire specialist contractors to carry out the work. As a result, employee Stephen Mallett was asked to remove asbestos wall panels unsupervised using a hammer and chisel.

Firm pays £30,000 for ignoring asthma risks

A Gloucester company that put its workers at risk of contracting occupational asthma has been ordered to pay fines and costs of more than £30,000. Gloucester Magistrates' Court heard that Thermo Radiometrie Ltd had allowed its employees to work with rosin solder flux, a substance which has been known for decades to cause asthma. The Health and Safety Executive (HSE) brought the prosecution after a two-year investigation at the factory. John Cooper, prosecuting for HSE, said a risk assessment on the dangers of rosin had been carried out in 1999 but no action had been taken to address the problem. 'It is well documented in minutes of the company's meeting that they were aware that there was a risk as far back as 1999,' he said. 'In August 2001 the company took delivery of an extractor fan that was needed to combat the problems but this was not installed until September 2003 - more than two years later. They failed to take measures to control this risk over a considerable period of time.' Magistrates fined Thermo Radiometrie £16,000 for breaches of the Health and Safety at Work Act and the chemicals safety law COSHH. The firm was also ordered to pay £14,950.08 to HSE to cover costs in the case.

Chemical fumes to be reduced in paints

Levels of organic solvents in paints are to be strictly curtailed. The move, which is in response to a European paints directive and follows years of union campaigning for safer paints, applies to paints and varnishes used by professionals as well as do-it-yourself decorators, and includes emulsions for walls and gloss paint for wood. Paint used to repair and respray motor vehicles is also covered. The new regulations, which came into force from 1 November 2005, will see limits to the solvents in paints set from 1 January 2007. More stringent limits will be introduced from 1 January 2010. Construction union UCATT highlighted the long-term health effects of exposure to solvent based paints a decade ago, including solvent-related nervous system disorders, brain damage, cancers and breathing problems. Unions including UCATT and Amicus have won substantial compensation payments for workers developing solvent-related health problems. The government says the new lower solvent paints are not risk free 'as some volatile organic compounds are genotoxic carcinogens and for these compounds no absolute guarantee of safety can be given no matter how low the level of exposure.'

Stress rife in NHS, bosses say

Most NHS employers think up to half of their staff may be suffering from workplace stress, a report has concluded. A survey for NHS Employers found that 62 per cent of health service organisations estimated that half their workforce might be under stress. But only a third of the 177 health chiefs quizzed said their trusts had carried out a stress risk assessment. Work stress is responsible for 30 per cent of staff sickness in the NHS and costs the service £300m to £400m each year. But despite the toll of stress, less than a third of health service managers questioned said their organisation had a stress policy, while a further 6 per cent said they had plans for such a policy. Launching an NHS workplace stress prevention campaign, Julian Topping, NHS Employers' head of workplace health and employment, said: 'Employers have a legal duty to manage stress among staff, and staff have a legal duty towards making sure they are safe and well.' Karen Jennings, UNISON head of health, commented: 'Combating rising stress levels in the NHS is essential for the health of employees and for good patient care and UNISON is right behind this campaign. The survey shows that many NHS Trusts still rely on counselling or stress management courses to tackle stress, whereas UNISON believes that prevention is the cure.' She added: 'Employers have to start addressing the real issues behind stress such as long-hours, staff shortages, bullying and excessive demands rather than looking at quick fix solutions such as 'stress management' courses.'

Daily grind wears out joints

Wear and tear caused by heavy jobs can cause permanent damage to the joints, a study has found. French researchers found certain jobs were linked to a greatly increased risk of osteoarthritis in the knees, hips and hands. The study, published in the November issue of the journal Occupational and Environmental Medicine, found those most at risk were female cleaners, women in the clothing industry, male masons and other construction workers, and male and female agriculture workers. Early onset of osteoarthritis was seen in jobs requiring heavy labour, with almost 40 per cent of patients reporting their first symptoms before the age of 50. The authors conclude 'the early onset and severity of osteoarthritis in certain occupations warrants an urgent need for occupation specific studies for the development and evaluation of preventive strategies in this leading cause of disability in Western countries.' The study confirmed the findings of early research (Risks 33). Previous studies have linked knee problems to work onboard ships and hip problems to farmwork (Risks 20). Studies also suggest osteoarthritis in the hip is more common in those who have played football professionally (Risks 91). A November 2003 report from the Industrial Injuries Advisory Council (IIAC) concluded osteoarthritis of the hip was an occupational disease in farmers and proposed it should be added to the list of prescribed industrial diseases. It is now an occupational disease for which goverment industrial injuries disease benefit is payable.

  • M Rossignol and others. Primary osteoarthritis of hip, knee, and hand in relation to occupational exposure, Occupational and Environmental Medicine, volume 62, pages 772-777, 2005 [abstract].
  • Osteoarthritis of the hip. Report by the Industrial Injuries Advisory Council in accordance with Section 171 of the Social Security Administration Act 1992 on whether sufficient evidence exists to warrant adding osteoarthritis of the hip as a prescribed disease, November 2003 [pdf] .
Heavy work makes you sick

Workers performing jobs that require heavy work are far more likely to take long-term sick leave, a Swedish study has found. According to a report by Statistics Sweden and the Swedish Work Environment Authority, about 33 per cent of all employed men (1 per cent higher than a decade ago) and 29 per cent of all employed women (2 per cent lower) have jobs that involve heavy work. Physical disorders - back pain, pains in arms, shoulders, hips and feet - are typically more common in those undertaking heavy work, the study found. Professions where heavy work is common generally have a higher percentage of people taking long-term sick leave (five weeks or more) than in the workforce as a whole. Those involved in heavy work are 60 per cent more likely to have had a period of long-term sickness absence (risks factor 1.6), according to the report. Very heavy work is associated with almost three times the risk of long-term sickness absence (risk factor of 2.7). The researchers defined heavy work as lifting heavy loads (over 15 kg) several times a day or when the respondent fully or partially agreed that the work is strenuous. Very heavy work is defined as a combination of lifting heavy loads (over 15 kg) and fully agreeing that the work is strenuous.

Fall case highlights ladder dangers

A Grimsby man has received £4,650 in an out-of-court settlement from his employer after falling from a ladder and suffering a serious back injury. The settlement comes as the Health and Safety Executive (HSE) prepares to highlight the dangers of ladder work in National Ladder Week, 14-18 November. Kevin Fidlin, 31, broke a bone in his back in November 2003 whilst working at the site of pharmaceuticals giant Novartis as a contract labourer for Crawley-based Mitsui Babcock Energy Limited. His solicitor, Laura Mitchell of law firm Irwin Mitchell, said: 'This accident would not have occurred had adequate health and safety measures been in place... Employers need to ensure their full-time and contracted staff have a safe environment to work in. Taking simple steps can prevent serious accidents occurring.' HSE has published new free guides to help raise awareness of the risks associated with ladder use and to give advice on how to use ladders safely. The guides are aimed at all users of ladders and their employers and have been published as part of HSE's campaign to reduce falls from height. Last year 13 people died from falls while working on a ladder, and more than 1,200 suffered major injuries.

  • Irwin Mitchell news release. HSE news releases on the new ladder safety guides and on HSE Ladders Week, 14-18 November 2005, a national initiative to promote safe use of ladders. HSE falls webpages.
  • New HSE guides: Safe use of ladders and stepladders - an employers' guide [pdf]; A toolbox talk on leaning ladder and stepladder safety, for employers giving refresher training to ladder users [pdf]; Top tips for ladder and stepladder safety, a pocket card for workers, giving key messages on ladder use [pdf].
RESOURCES
Usdaw launches safety webpages

Retail union Usdaw has launched new webpages designed to keep its army of health and safety reps active and informed. The new resource includes a dedicated discussion forum and SafetyNet, a regular safety rep newsletter. There's also email updates on health and safety policies, legislation, initiatives and Usdaw safety campaigns. 'I have always appreciated the outstanding work our health and safety reps do keeping their colleagues safe in workplaces around the country,' said Usdaw general secretary John Hannett. 'So these new web pages are designed to make sure that work is properly recognised and reps can pass round information on good practice in their workplaces via the discussion forum.' He added that many improvements had been achieved in union workplaces, where safety reps are 'the vital link that makes it all work and I'm confident these new webpages will prove very popular making sure that the safety of our members gets the top priority it requires.'

Journal reveals corporate safety corruption

Big business is involved in a deadly campaign to maximise profits at the expense of workers' health, according to papers in the latest issue of the International Journal of Occupational and Environmental Health (IJOEH). A special issue on the 'corporate corruption of science' details how safety standards have been derailed by industry domination of occupational health research, corporate lobbying, the use of 'astroturf organisations' funded by industry but masquerading as genuine grassroots groups, and by other sophisticated public relations strategies to evade controls on workplace hazards. All papers can be viewed free online - make sure you take a look. IJOEH is the only academic journal that consistently challenges industry's efforts to ensure profits remain high and standards low.

Dog day afternoon, evening, weekend...

puppyIt's the movie event of the decade, or about 18 months in dog years. Elijah Bone, Catherine Eats-a-Bone and MacCollie Culkin star in 'Pup where we belong', the story of a canine family's fight against insurmountable workloads. Yup, TUC has once again turned to the power of the pup to put an animated argument for better treatment for working humans. It's not quite 'A lamppost named desire', but it comes close. You can call it puppy love.

INTERNATIONAL NEWS
Canada: Firefighters win fight for cancer compensation

Firefighters in British Columbia (BC), Canada with certain kinds of work-related cancer will find it easier to get official compensation, thanks to rule changes agreed by the provincial government. Firefighters are twice as likely to get cancer than the rest of the public but under existing rules nine out of 10 firefighters' cancer compensation claims in the province are rejected. The new law, which was introduced after a lengthy campaign by firefighters' unions, will recognise leukaemia, brain cancer and five other kinds of cancer as occupational hazards for long-time firefighters. The changes to the BC Workers Compensation Act will put the province among the leaders in recognising the increased cancer risks faced by professional firefighters, BC government minister Mike de Jong said. The new law recognises primary site brain cancer, primary site bladder cancer, primary site kidney cancer, primary non-Hodgkin's lymphoma, primary site ureter cancer, primary site colorectal cancer and primary leukaemia as occupational diseases associated with long-time work as a firefighter. This change to the Workers Compensation Act creates a 'rebuttable presumption' which means the onus will be on compensation authorities or the employer to bring forward proof to establish why a worker should not be eligible for compensation rather than placing the burden of proof on a sick firefighter. Similar presumptions have been enacted for firefighters in the provinces of Alberta, Manitoba, Saskatchewan and Nova Scotia. None of these cancers are recognised by the UK government as eligible for industrial injuries benefits payouts.

Global: Union warns of workplace avian flu risks

Avian flu is a serious occupational health and safety issue, global food and agriculture union federation IUF has warned. IUF says fears of a global pandemic of avian influenza (H5N1) 'have again highlighted the indissoluble link between public health, food safety, trade union rights and health and safety at the workplace.' It says guidelines and action plans for national governments prepared by international agencies including the World Health Organisation (WHO) 'have major implications for agricultural workers and the poultry industry, but they are being developed and implemented in the absence of any specific recognition or measures appropriate to the workers who are in the frontline of exposure to the virus.' IUF says too little regard has been paid to the impact on workers' health of these policies: 'Many of the proposed measures to combat the spread of the virus include major changes to poultry farming practices and reorganisation of the industry,' says IUF. 'They will have a significant effect on agricultural workers and poultry processing workers. At the same time, none of these action plans seriously address the interests and wellbeing of processing workers or agricultural workers employed in poultry farming.'

USA: Ford in 'incredibly stupid' toilet crackdown

You know things are tense at work when management starts timing rest room

breaks. But Ford Motor Co is doing just that. In a memo that was distributed to workers at Ford's Michigan Truck plant in Wayne, the company said extra-long breaks are slowing production of the sport utility vehicles (SUVs) that are built there. 'In today's competitive environment, it is important that Michigan Truck plant immediately address this concern to avoid the risks associated with safety, quality, delivery, cost and morale,' the memo said. Ford supervisors will begin collecting weekly data on the amount of time workers spend on bathroom breaks and 'respond appropriately,' it said. But workers say Ford's real problem is a slump in sales of the gas guzzling SUVs. When times get tough, some managers at Michigan Truck get 'petty,' said Jody Caruana, a Michigan Truck worker and United Auto Workers (UAW) union rep. 'It's an excuse by upper management to gloss over some of the real problems we have out here'. Bathroom monitoring is just one of a number of 'incredibly stupid ideas' being floated by car makers, said Sandy Munro, head of Munro & Associates, a manufacturing consulting firm. 'It's a giant throwback to the bad old days of the '70s and '80s, when you squeezed the guy at the bottom of the heap any way you could,' he said. 'That only causes lots of discontent, and only someone from Harvard could think of something as stupid as monitoring bathroom time.'

USA: BP could have prevented deadly blast

The 23 March explosion at the BP Amoco Texas City Refinery that killed 15 workers and injured 170 ( Risks 226 ) could have been prevented if the refinery had taken basic safety measures and heeded past safety warnings, an official report has concluded. The preliminary findings of a Chemical Safety Board (CSB) say the company should have installed a flare system years before, as official safety watchdog OSHA had recommended. BP management had been aware of a history of problems with the isomerisation unit that exploded, but failed to act on that knowledge, CSB said. In August, as a result of the explosion and other incidents at BP refineries, CSB issued an unprecedented 'urgent recommendation' calling on BP to establish an independent panel to review a range of safety management and culture issues in its North American operations. The members of the panel were announced last week. It will be headed by former secretary of state James Baker, who ran election campaigns for three Republican presidents and whose law firm and institute have had recent financial links to BP. BP will also 'appoint' a member of USW, the union representing workers at the plant, to the panel - the one union voice on the 11 member panel, which also includes retired vice-presidents from chemical giants DuPont ( Risks 226 ) and ConocoPhillips ( Risks 213 ). Both companies have been criticised recently for their safety records.

EVENTS AND COURSES
TUC courses for safety reps

COURSES FOR SEPTEMBER TO DECEMBER 2005

COURSES FOR JANUARY TO MARCH 2006

Is the government delivering on safety?, London, 18 November 2005

A South Thames College-organised conference, 'Is the government delivering on health, safety and the environment?', will provide an opportunity for trade unionists to find out about and discuss national and international safety issues. The event, organised by the college's trade union studies centre, will look at ways to use health and safety as an organising issue, problems with the government approach and at union campaign activities on health, safety and environmental issues.

  • Is the government delivering on health, safety and the environment?, 10.30am-4.30pm, Friday 18 November 2005, South Thames College, 50-52 Putney Hill, London SW15 2PP. Free, lunch provided. Further information from Graham Petersen, telephone 020 8918 7777.
Revitalised or reversed conference, London, 18 January 2006

An Institute of Employment Rights (IER) conference, 'Health and safety: Revitalised or reversed?', 'will assess the strengths and weaknesses of current and proposed legislation and suggest what more needs to be done if we are to reach the government's stated aim of reducing death and injury and ensuring a safe and healthy working environment for all.' IER says the event will be of interest to health and safety practitioners, policy makers, personnel specialists, enforcement agencies, union safety reps and other trade unionists. Speakers include high profile MPs, union specialists, safety activists and academics.

  • Health and safety: Revitalised or reversed?, 9.15am to 4.30pm, Wednesday 18 January 2006, NATFHE Centre, Britannia Street, London WC1. £75 IER subscribers and members, £90 trade unions, £220 commercial. Conference programme and booking form [pdf]. For further details email IER or call 020 7498 6919.
Hazards Conference 2006

The 2006 Hazards Conference will be held in Manchester on 14th-16th July 2006. They urgently need sponsorship from union branches, regions, head offices and others. Cheques should be made out to 'Hazards 2006' and sent to GMHC, Unit 2.5, Windrush Millennium Centre, 70 Alexandra Road, Moss Side, Manchester, M16 7WD.

USEFUL LINKS

Newsletter (5,000 words) issued 4 Nov 2005

You can buy the following related title online

Beat Bullying at Work

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