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Risks Newsletter

Number 241 - 28 January 2006

 

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Health & Safety Executive Accident

hazards logo - warning sign 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
TUC says concerns remain on welfare reform

The government's proposals to reform incapacity benefit have been given a guarded welcome by TUC, but the union body says concerns still remain. The Welfare Reform Green Paper, 'A new deal for welfare: Empowering people to work,' has the aim of getting one million incapacity benefit claimants back to work within a decade. TUC general secretary Brendan Barber said: 'These proposals are nothing like as bad as they could have been, but not as good as they ought to be. There are enough positive proposals to give a guarded welcome, but real concerns, particularly about how the plans will work in detail, remain.' He added: 'We very much welcome the extension of Pathways to Work. The pilots have shown that many claimants can be helped back to work.' The government has said there will be a £360m national roll out of the back-to-work scheme nationwide by 2008. Mr Barber warned, however, that it 'was hard to see how a more ambitious programme of support can be reconciled with the government's arbitrary job cut target in the DWP.' The reform package, announced this week by work and pensions secretary John Hutton, means eligible claimants who refuse to take part in back-to-work schemes risk losing part of their benefits. There will also be moves to get a million older people and 300,000 single parents back into work. Mr Hutton told MPs the aim was to reduce the number of new claimants, to provide greater help to those on the benefit to return to work, and to give more support to the most severely sick and disabled. GPs will be encouraged to help ensure their patients are able to work, with the appointment of employment advisers in their surgeries.

Unions call for more resources for welfare plan

Unions whose members work in rehabilitation and welfare services have said the government will have to plough in more resources if its welfare reform plans are going to work. Phil Gray, chief executive of physios' union CSP, said: 'With its emphasis on rehabilitation and prevention, this green paper has the potential to revolutionise welfare reform in this country. What it lacks is detail on how its proposals will be resourced.' He added: 'The reality is that without serious investment in rehabilitation and physiotherapy in particular, these great ideas will fail.' He said that physiotherapists in the NHS and in occupational health 'are helping restore thousands of people affected by musculoskeletal, mental health and other long-term conditions to their 'normal' lives, including returning to work... Evidence shows rapid physiotherapy intervention is very effective in returning people to work, but physiotherapists are in short supply.' Civil service union PCS said the Department for Work and Pensions (DWP) currently lacked the staff numbers to fully roll out key elements of the plans such as the Pathways to Work programme. Mark Serwotka, PCS general secretary, said the government's proposals are 'both people and resource intensive, running contrary to its job cuts programme. The real fear is that due to a lack of staff the emphasis will be very much focussed on the big stick approach rather than the carrot.' He added that there 'are major concerns that part or whole of the work surrounding the administration of the new arrangements could be farmed out to the private sector. We will be seeking clarification on whether the government has any plans for privatisation and asking what staff numbers they project for the implementation of the proposals.'

GMB says casinos should get serious on safety

The union GMB has called for a lifetime ban on punters who harass or attack casino staff. The call came after a heavy loser at London's Grosvenor Connoisseur Casino left the building and returned with a plastic bottle full of petrol. He emptied it over himself, spraying staff and gaming tables and is now in police custody. GMB says casino operators should be required to demonstrate their staff protection policies and training procedures before gaming licences are issued by the authorities. It says in the petrol incident management left untrained staff to deal with the situation. Calling for 'very clear' procedures to be put in place by firms, GMB casinos organiser Claire Laycock, said: 'There are two groups of people who need help in these situations - the casino workers who can be endangered by the desperate actions of clients and the client themselves. This client's actions should have resulted in an immediate lifetime ban from all casinos and information about agencies that could offer him help in his obviously desperate situation.' She added: 'Local councils must seek assurances from casino operators on their policy and procedures for staff and customer safety before authorising gaming licences and be prepared to withdraw any where problems arise.'

NUJ action call as 150 journalists die in 2005

The killing of 150 media workers worldwide in 2005 highlights the need for urgent action, UK journalists' union NUJ has said. NUJ general secretary Jeremy Dear was speaking at the launch of the International Federation of Journalists (IFJ) annual report on killing in the media. He singled out the 'impunity' of the killers as the biggest challenge for journalists' unions worldwide. 'We are supporting the campaign by the IFJ calling for the United Nations Security Council to pressure governments to act against the targeting and killing of journalists,' he said. The IFJ report lists a record toll of 150 deaths in a year 'scarred by targeting and tragedy'. It says that 89 of the killings were journalists and media people killed 'in the line of duty,' many of them assassinated by ruthless killers working for political gangs or criminals. Another 61 were killed when disaster struck while on assignment - 48 of them alone in a Tehran plane crash. Aidan White, IFJ general secretary, said: 'The last 12 months have been scarred by a combination of targeting and continued impunity in the killing of journalists and tragic incidents in which journalists have been accidental victims.' IFJ says serious investigations by the authorities are rare and only a handful of the killers are ever brought to trial. For the last two years, the unexplained killings of journalists and media staff by US soldiers in Iraq, which has now reached 18, has been the major focus of the IFJ campaign against impunity. IFJ plans to organise worldwide protests on 8 April this year to highlight demands for more action against impunity.

Prospect demands nuclear sell-off safeguards

Any sale of the British Nuclear Group must pass key tests in the interests of public safety and the workforce, a union has said. Prospect, the biggest union in BNG. The Nuclear Decommissioning Authority and British Nuclear Fuels are currently consulting Prospect on the criteria to be followed before companies are allowed to compete for BNG contracts or in the event that the group - responsible for decommissioning UK nuclear sites - is sold by BNFL. Top of the list of Prospect demands is 'first rate health and safety'. The union says: 'Bidders must have a long standing record of consultation on health and safety and environmental issues with trade union safety representatives, at both national and site level. The trade unions would expect to discuss health and safety with their counterparts within each bidding company before the bid is allowed to proceed to the next stage.' Prospect national secretary Mike Graham said: 'We are against the sale on public interest, industrial and safety grounds.' He added: 'We are determined to ensure that any future BNG owner is a good employer with a track record that can be trusted. The nuclear industry is safety-critical and will not accept anything less... In the fields of health, safety, security and environmental performance, these are genuine matters of public concern. But issues of change management and industrial relations will also be vital for our members and the future of the new organisation.'

Unions welcome fire safety regs reprieve

Unions have welcomed the government's decision to delay plans to abolish essential fire safety regulations for sub-surface stations. The rules, which were introduced after the 1987 King's Cross fire that claimed 31 lives, were set to be replaced by a new and less specific fire safety order. Ministers have now indicated that this move, which was opposed by unions, will be delayed for a minimum of three months and perhaps until October. That could leave the existing regulations in place until April 2007. 'This reprieve is excellent news for fire safety in sub-surface railway stations all over Britain,' RMT general secretary Bob Crow said. RMT, firefighters' union FBU and train drivers' union ASLEF had all campaigned against the plan to axe the regulations. 'We hope the government will now use the delay to think again about the wisdom of abolishing specific fire safety measures in favour of what amounts to a discretionary approach,' said Bob Crow. 'Relying on employers not to cut corners is simply not good enough, as far too many people - transport workers and passengers - already know only too well.' He added: 'The minimum standards that the regulations lay down were deemed essential by the Fennell report into the 1987 King's Cross fire, and in today's climate they are even more essential now.'

Union legal services pay for bashed firefighter

A firefighter seriously injured in an unprovoked attack by a nightclub bouncer is to receive compensation, thanks to legal support from his union. FBU member David Hawley, who was 30 at the time of the incident in 2000, was left brain damaged by the attack. The Court of Appeal this week upheld last year's High Court ruling that Luminar Leisure is vicariously liable for the actions of a bouncer working at their Chicago Rock Café in Southend, even though he wasn't directly employed by them. Following the judgment, the defendants agreed to an interim payment of £25,000. The ruling means that an organisation which employs contract workers may be held responsible for their actions while working on the premises, depending on the level of control they retain. Jeffrey Warren, who received a two year suspended prison sentence for the attack, was employed by ASE Security Services who were contracted to provide doormen to Luminar Leisure. Proceedings were issued against both firms. FBU executive council member Keith Handscomb said: 'We're very relieved that our member can finally claim the compensation he deserves, five years after the incident. It is an outrage that he has had to fight for so many years just to prove who is responsible for what happened to him. Compensation will never make up for what happened to David, but it will help him to cope, having lost his livelihood due to this terrible attack.' Unions increasingly extend their free legal services to incidents outside of work. Most now also provide cover for the families of members.

OTHER NEWS
Top boss slammed for bid to blame the victims

A business lobby group has claimed a corporate crime law will be bad for business in Scotland and that deaths anyway are more likely to be caused by careless or workers under the influence than by negligent bosses. David Watt, head of the Institute of Directors (IoD) in Scotland, said the majority of accidents were caused by 'human error at a lower level' and were 'more likely to be attributable to alcohol than by individuals acting in a corrupt and homicidal manner'. He added that a new law could drive successful firms out of the country. The statement, ahead of a major conference this week on corporate homicide, was greeted with outrage by unions and campaigners. Kathy Jenkins, a spokesperson for campaign group Scottish Hazards, said: 'Is the IOD seriously suggesting that any decent society would allow directors and companies to get away with killing their workers as an incentive to encourage them to relocate or stay in Scotland?' She added that the IoD's 'fear mongering' was wholly irresponsible, particularly in light of the large increase in workplace deaths in Scotland. Dr David Whyte, a member of the Scottish Executive's Expert Group on Corporate Homicide, commented: 'In 10 years of studying corporate crime and regulation, I have never come across a shred of evidence that supports the argument that corporate killing laws in developed economies encourage companies to leave or directors to go and find another job.' He added: 'In Canada and in Australia, where recent laws have been introduced to deter corporate killers, there has been no capital flight... The Institute of Directors have spun a tale which is completely indefensible and is aimed at scaring the Scottish Executive into dropping the issue.' STUC safety officer Ian Tasker said there was no basis in fact for any of the IoD claims, and added: 'These comments will extremely distressing to the families of the thousands of workers who have lost their lives through workplace accidents or ill health and we would ask the Institute to support these views with strong statistical evidence'.

Boss jailed over worker's death

A Shropshire building firm boss who showed a 'total contempt' for safety has been jailed for 18 months for the manslaughter of an employee who plunged 30ft to his death. Wayne Davies, 36, who ran Knighton-based A&E Building, employed Mark Jones to help put up steel-framed barns. Mr Jones, 40, was killed when a teleporter machine toppled over. Davies was found guilty in November 2005 of being grossly negligent in his duties as an employer, failing to ensure equipment was properly maintained and failing to ensure the health and safety of employees ( Risks 234 ). The jury cleared him of a charge of failing to ensure persons not in his employment were not exposed to risks. He had denied all the charges. In mitigation, Mr Roger Smith QC said Davies had suffered greatly with his health and finances since the accident, which occurred around the same time as his father's death. However detective inspector Bob Titley, from Staffordshire Police's major investigation department, said: 'Wayne Davies showed total contempt for the safety of his employees and ignored HSE and construction industry guidelines for the workplace. He also dismissed concerns raised by Mark Jones' wife about her husband's working conditions before his death.' Joy Jones, HSE principal inspector said: 'This case is a reminder to all those involved in the construction industry of their legal obligations to manage health and safety. The verdict shows that Wayne Davies failed in both his duty to ensure the safety of his employees and in his responsibility to provide safe and suitable means of working at height.' Davies launched an appeal against his conviction in December.

Haulage boss jailed after death crash

A haulage firm boss has been jailed for offences which came to light after two lorry drivers were killed in a head-on collision in Wiltshire. Raymond Knapman, from Paignton in Devon, was sentenced to two-and-half years at Winchester Crown Court. Knapman had pleaded guilty at an earlier hearing to eight counts of obtaining property by deception. He had persuaded drivers who had exceeded their legal hours behind the wheel to continue working and had taken money from other hauliers for the drivers' services even though some were so tired they had told him they had fallen asleep at the wheel. He also admitted one health and safety offence. The court was told that some drivers had said Knapman, who helped run R&B Drivers based in Plymouth, had punished them with fewer shifts if they refused to work. Some had taken Pro Plus caffeine tablets to stay awake. His business partner Robert Legg was fined £1,000 with £1,500 costs by the court after he pleaded guilty to a health and safety charge. The offences came to light after an accident that led to the deaths of Mark Chadbourne, 47, and Anthony Best, 62. Mr Chadbourne, who worked for R&B Drivers and was driving for Langdon Transport at the time of the accident, had far exceeded his hours when he careered into Mr Best's lorry on 6 December 2003. Mr Best, who had been driving legally, had no time to avoid the collision. The court heard the company had committed 267 drivers hours and tachograph offences. It was fined £7,500 and ordered to pay costs of £1,500. At a trial last year Knapman and Legg were found not guilty of the manslaughter of Mr Best and Mr Chadbourne on the orders of Judge Brodrick.

Work stress link to heart and diabetes risk

People who suffer from chronic stress caused by their job are more likely to develop heart disease and diabetes, according to a major study. The researchers, writing in the British Medical Journal, investigated work stress and the 'metabolic syndrome' ? which includes factors such as obesity, hypertension and high cholesterol ? and found evidence of a direct link between stress exposure and ill-health. The 14-year Whitehall II study of more than 10,000 civil servants, aged between 35 and 55 when the research began, showed that men who experienced a lot of stress were twice as likely to suffer from the syndrome as those not exposed to stress. A smaller study of female workers suggested that high stress carried five times the risk. The researchers from University College London concluded: 'A dose-response association exists between exposure to work stress and the metabolic syndrome.' They added: 'Employees with chronic work stress have more than double the odds of the syndrome than those without work stress, after other risk factors are taken into account. The study provides evidence for the biological plausibility of psychosocial stress mechanisms linking stressors from everyday life with heart disease.' The more stress that a person experienced, the higher the chances of suffering syndrome symptoms leading to heart disease and type 2 diabetes. The trend held even after adjusting for other risk factors. Both men and women from lower employment grades were more likely than those above them to have the syndrome.

Hospitality trade joins clamour for total smoking ban

The last vestiges of support for the government's partial smoking ban proposals appear to be ebbing away, as the hospitality trade this week joined forces with doctors to call for a complete ban in all public places. Dr Vivienne Nathanson, head of science and ethics at the British Medical Association (BMA), was joined at a House of Commons press launch by representatives from the British Beer and Pub Association, Business in Sport and Leisure, and Kevin Barron MP, chair of the Commons Health Select Committee, and together declared a ban not covering certain pubs and clubs would be unworkable and unethical. The groups said a partial ban is also likely to provoke a raft of litigation, as workers in membership clubs fight for the same rights as other workers enjoying protection from the health hazard of secondhand smoke. Rob Hayward, chief executive of the British Beer and Pub Association, said: 'Exempting Britain's 20,000 members' clubs from a smoking ban that affected all pubs would be grossly unfair on the pub trade, and make no sense in terms of protecting people from secondhand smoke. Clubs, including sports clubs, and their employees are covered by every other piece of employment law and health and safety law. Why should they be excluded from this law?' Dr Nathanson said: 'Doctors know that only a comprehensive ban will work, the hospitality industry agrees, MPs of all parties on the Health Select Committee agree - who can be left in any doubt? Not only is a complete ban the only acceptable course for health, it is the only acceptable course for the economy.'

More deaths caused by deadly asbestos

More workers have fallen victim to an early death from asbestos cancer. Surveyor Bryn Garfield died from inhaling asbestos during eight years as a buildings maintenance worker, an inquest has ruled. Coroner Alan Crickmore recorded a verdict of death from industrial disease on Mr Garfield, 55, from Cirencester. He died on 23 September last year from the asbestos-related lung cancer mesothelioma. In a statement in June last year, Mr Garfield said he had worked for Lear & Hayward Ltd between 1965 and 1973, adding: 'I believe I was exposed to substantial amounts of asbestos dust and fibres while working for them.' The same coroner this week returned a verdict of death due to industrial disease on Bryan Littlewood, 68. He died in October 2005 from malignant mesothelioma. The coroner was told that Mr Littlewood was employed at the Wagon Works in Gloucester in the mid-1950s and was near asbestos on a daily basis while working on the carriages. As a carpenter, part of his job was to line the inside of the carriages, over the asbestos which had already been sprayed in as fireproofing. But to secure the wood panels, he had to use a compressed air line to blow away excess asbestos. A number of his ex-colleagues have also succumbed to the disease.

INTERNATIONAL NEWS
Bangladesh: Does the garment sector have a death wish?

The history of deadly incidents in the Bangladesh ready-made garment sector suggests it has a 'death wish', a global union body has told authorities. Neil Kearney, general secretary of the global textile and garment unions' federation ITGLWF, made the call after the latest incident, when a worker at Titanic Products Ltd was beaten to death by company officials. 'Twenty-year-old Panna, who was working through the night, put on a t-shirt to stave off the early morning cold,' he said. 'He was still wearing it when he left in the morning to get some breakfast. A security guard stopped him, accused him of stealing the t-shirt, and called in the production manager. They took him to an upstairs room and beat him to death. They then strung him up to make it look like he had hanged himself, and tried to suppress an investigation by offering some US$5,000 (£1,730) to the relatives of the victim.' In letters addressed to minister of labour Amanullah Aman and minister of trade Altaf Hossain Chowdhury, Mr Kearney said the news was doing terrible damage to the image of Bangladesh's garment industry. ITGLWF last year demanded improved safety at the nation's garment factories in an effort to clean up an industry where dangerous working conditions cause dozens of deaths and injuries every year. In April 2005, the nine-storey Spectrum Garments Factory Ltd collapsed near the Bangladesh capital, Dhaka, killing 73 workers and injuring dozens of others ( Risks 210 ). Another garment plant fire in January 2005 killed 22 workers who were trapped inside ( Risks 190 ).

Ghana: Move to end night excrement work

A Ghanaian lawyer is trying to ban the employment of 'night soil' collectors, who dispose of human waste in pans that they carry on their heads. 'Engaging people to carry human excreta on their heads is degrading and cruel,' Nana Adjei Ampofo told the BBC. He is taking a case to the Supreme Court to stop the practice but the labourers are reportedly unhappy about the prospect of losing their jobs. Accra Metropolitan Authority, which employs about 100 night soil workers, says it is trying to phase out the practice. Mr Adjei Ampofo, a renowned lawyer in Ghana, said: 'I think that this is a human rights issue. The wretched of the earth must not be made to suffer.' Retired worker Nicholas Akabza, who collected waste for 30 years, said it is a dirty job that he would not like his children to do. 'Somebody has to do it but many of my colleagues died because you have to drink a lot of alcohol to be able to withstand the smell.' Nationwide, the number of night soil workers is estimated to be in excess of a thousand.

Kenya: At least 13 die in building collapse

At least 13 people have died and over 100 have been hospitalised after the collapse of a building under construction in Nairobi. The death toll from the 23 January incident is expected to rise. Reports say about 200 people were in the building at the time, many of them thought to be construction workers on their lunch break. Rescue efforts were hampered by a lack of lighting and basic equipment, like crowbars and hammers. Both police inspector Matthew Limo and Kenyan housing minister Soita Shitanda suggested that building regulations had been flouted. 'If there was any planning approved by the city council, that plan was not followed to the letter or it was not a proper plan,' Mr Shitanda said. Press reports say a letter warning that the building was unsafe had been sent to a Kenyan newspaper in December. According to a Reuters news agency reporter, some of the concrete was still wet. A criminal investigation has been opened into the accident.

Singapore: Tougher safety penalties introduced

Dangerous companies and their bosses are to face harsher penalties under a law passed last week by the Singapore parliament. The new Workplace Safety and Health Bill comes into force in March. Manpower minister Ng Eng Hen said: 'Currently, it's very hard for us to penalise parties if no accident occurs but the Bill allows us to do that ? that's the radical change.' He said the government is aiming to halve the occupational fatality rate by 2015. The current fatality rate is 4.9 per 100,000 workers, over five times that in the UK. Under the new law, the maximum fine for companies guilty of safety offences rises to Singapore $500,000 (£172,700) from the current $200,000 (£69,000). The maximum safety fine for individuals remains at Singapore $200,000, but the maximum jail term has been increased from 12 to 24 months. The new Bill introduces a more extensive liability regime ? from the main contractor, to the sub-contractor, developers, employees, manufacturers and suppliers and even third-party maintenance contractors. Top management and directors, who may not have direct supervision of workers, are also subject to the law. Manpower minister Dr Ng says directors 'must show that they have taken active steps to implement sound worksite safety systems, such as proper risk assessments and reporting systems... and ensure that full information is disseminated to workers and other persons exposed to risks.'

USA: No safety watchdog, no safety, no chance

The two Florida waste treatment plant workers who were killed this month in a methanol tank explosion were not protected by any official US safety law or safety watchdog. Eric Johnson, the 59-year-old lead plant mechanic at the Bethune Point Wastewater Treatment Plant was killed instantly, and maintenance worker Clyde Anthony Jones, 40, died the following day. Maintenance worker Michael Martin, 42, is in critical condition. Public sector employees in Florida, like those in 26 other states, are not covered by federal or state safety law or by any official safety watchdog. For that reason, the independent US Chemical Safety and Hazard Investigation Board (CSB) decided to investigate the incident. CSB chair Carolyn Merritt said: 'This was a serious incident involving the tragic loss of life at a government-owned facility where work activity is not overseen by any government entity. The wastewater treatment worksite was not subject to any outside safety inspections or regulations, a situation that is common in many states. We want to find out whether that was a factor in this accident and then decide what should be done about it.' Bills are raised each year in Congress to remedy the lack of public sector oversight, but their passage is consistently blocked by Republicans.

USA: Daily dangers face day labourers

The job for life has been replaced with a job-for-day for many in the US, and these workers are facing exploitation and deadly conditions as a result. The country's first nationwide study on day labourers has found they are a nationwide phenomenon, with 117,600 people gathering at more than 500 hiring sites to look for work on a typical day. The researchers said they were most surprised by the pervasiveness of wage violations and dangerous working conditions. The study found that 73 per cent said they were placed in hazardous working conditions, like digging ditches, working with chemicals, or on roofs or scaffolding. The report said that employers often put day labourers into dangerous jobs that regular workers were reluctant to do - often with minimal training and safety equipment. One-fifth said that in the past year they had suffered injuries requiring medical attention, and 60 per cent of that group said their injuries caused them to miss more than a week of work. The study, conducted by researchers from the University of Illinois at Chicago, the University of California, Los Angeles and New York's New School University, concluded: 'Day labourers continue to endure unsafe working conditions, mainly because they fear that if they speak up, complain, or otherwise challenge these conditions, they will either be fired or not paid for their work'. The survey, which was based on interviews with 2,660 workers at 264 hiring sites, also found that three quarters of day labourers were illegal immigrants and that more than half said employers had cheated them on wages in the previous two months.

RESOURCES

Want to know more about bird flu?

In the light of current concerns about occupational risks from bird flu, Hazards has updated its 'infections' webpages. The pages include links to the latest guidance from the global food and transport union federations. The infections page also has links to information sources on SARS, anthrax and smallpox.

Finding your way around Europe

A new guide from the European trade union health and safety thinktank REHS untangles the complex safety structures at work in Europe. 'Finding your way in the European Union health and safety policy: A trade union guide' gives 'an overview of the EU institutions and procedures involved in regulating health and safety at work, and the role of trade unions in relation to it.' The book covers occupational health procedures in the EU; the legal framework; the trade union safety strategy; and future policy.

EVENTS AND COURSES
TUC courses for safety reps

COURSES FOR JANUARY TO MARCH 2006

USEFUL LINKS

Newsletter (5,500 words) issued 27 Jan 2006

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