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Risks Newsletter

Number 252 - 15 April 06

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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 13,000 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 makes a big noise about hearing

TUC and hearing charity RNID are warning employers and employees to take hearing damage more seriously now that the new Control of Noise at Work Regulations have come into effect. The groups welcomed the tighter Noise at Work regulations, which became law on 6 April and will provide improved protection for workers from one of Britain's most serious occupational diseases. TUC and RNID are concerned that noise is still one of the most underestimated workplace risks. Excessive noise in the workplace has caused an estimated half a million people living in Great Britain today to suffer deafness or other ear difficulties. RNID's Brian Lamb said: 'Noise induced hearing loss is often cumulative and not immediately obvious, so its threat is seldom recognised or taken seriously. Whilst the effects of noise are irreversible, noise induced hearing loss is totally preventable.' TUC head of safety Hugh Robertson added: 'If properly implemented these regulations will save the hearing of literally hundreds of thousands of people. If they are ignored or implemented half-heartedly employers could face a wave of compensation claims from staff. Better to rigorously enforce safe noise levels to prevent hearing damage, in industry but also entertainment and construction, than leave employees to go through the courts for compensation after their hearing has already been harmed.'

Poultry union calls for calm on bird flu

Poultry union TGWU has called for a calm and measured response to the confirmation of a case of bird flu in a Scottish swan. Chris Kaufman, the union's national secretary for agriculture, said it was important to keep the one case in proportion and echoed scientists' and vets' view that there was no reason to change eating habits in respect of poultry. 'No one should be complacent,' he said. 'But equally one case should not make a whole industry vulnerable.' The union repeated its call to Defra minister Ben Bradshaw to back a contingency plan for countryside, poultry and food industry workers (Risks 250). Chris Kaufman said the discovery of the disease in the dead Scottish swan, which has been confirmed to have died of the potent H5N1 version of the disease, accelerated the need for action. The union's outline plan includes: Immediate risk assessments to cover poultry hatcheries and processing operations with a view to producing a plan for the safety of workers; a full impact assessment on the effects on poultry employment of a sudden fall in poultry consumption by the public; and government financial support for poultry and other workers who may be temporarily laid off in the event of any bird flu outbreak. The union also wants a meeting with representatives of Defra, the Department of Health and the Health and Safety Executive to agree a co-ordinated bird flu action plan. 'These are sensible plans which reflect the calm and measured response we believe is needed,' said Chris Kaufman.

Scottish unions push for work deaths law

Trade union leaders in Scotland have increased the pressure on ministers to make new laws on corporate killing a top priority. The Scottish TUC branded the annual loss of life in the country's building industry as 'horrific' and spoke of the 'anger and grief' felt at major disasters such as Piper Alpha and the ICL Plastics blast in Maryhill. Officials demanded effective legislation to make sure employers are held accountable for actions. Ian Tasker, the STUC's health and safety officer, told delegates to the organisation's Perth conference: 'This issue has been high on our priorities for many years. Since the Piper Alpha tragedy in 1988 the trade union movement has campaigned for legislation and we urge the Executive to progress this as a matter of urgency.' He pointed out it has been more than a year since justice minister Cathy Jamieson had announced a review of the current legislation in the wake of the Transco case (Risks 222). Addressing the conference, Cathy Jamieson said she expected progress to be made before Holyrood's summer break. 'We need to continue to work together to develop proposals that will work in practice,' she said. 'It is essential that any legislation we bring forward is within the competence of the Scottish Parliament, both in terms of its overall substance, and its detailed provisions.' John Quigley, Amicus Scottish regional secretary, commented: 'While the Westminster government is sitting on the fence, Amicus wants to see decisive action in Scotland to jail guilty directors, protect Scottish workers and improve health and safety management by all Scottish employers.' He added: 'It is time for the Scottish Executive to stand up for Scottish workers and their families. If you work in Scotland you have more chance of been killed at work, or suffering a major injury, than workers in the rest of the UK. This cannot go on. We want Scotland to act, then we expect England and Wales to follow.'

New offshore law raises safety concerns

A union fears new offshore regulations designed to reduce red tape on offshore oil and gas operators could weaken safety controls. Graham Tran, regional officer in Aberdeen for the union Amicus, said he was disappointed with the new safety-case regulations which came into force last week, reports the Aberdeen Press and Journal. He said in some respects they diluted the responsibilities of dutyholders, the paper reported, for example by requiring reviews of safety cases every five years instead of three as at present. Mr Tran added that a lot of what the trade unions had to say on safety had been ignored. Ian Whewell, acting head of the Health and Safety Executive's (HSE) offshore division, commented: 'The new regulations will build on the successes of the previous version and ensure that the post-Piper Alpha safety regime remains relevant and proportionate to the UK offshore industry.' He added: 'The industry, including workforce representatives, has played an invaluable role in developing the new regulations. HSE believes that they will provide real benefits in terms of reduced bureaucracy, enabling us to increase offshore inspection visits, and extend the role of safety representatives.' HSE says the Offshore Installations (Safety Representatives and Safety Committees) Regulations have been amended to extend consultation with safety representatives to reviewing and revising a safety case, as well as preparing one. A safety case must be accepted by the HSE before an offshore installation can operate in UK waters. This was a key recommendation of Lord Cullen's inquiry into the Piper Alpha disaster in July 1988.

Union warning on private vehicle use

The use by teachers of their own vehicles for business purposes and their need for the correct motor insurance is a serious issue, teaching union NUT has warned. It says the inclusion of business use in motor insurance will up costs but is necessary. A new NUT guide, aimed at those driving while at work rather than those just commuting, says some school employers will inspect vehicle documentation because if an employee is involved in an accident involving his or her vehicle while driving to and from work, or while at work, the employer may be contacted by the police as part of the accident investigation. It says teachers may be required to use their cars during work time for many reasons, including to attend work-related meetings, to transport pupils or to drive between schools. An NUT checklist for safety reps says line managers should be made aware of the need to instruct staff to turn off their mobile phones when driving, to ensure that where necessary adequate breaks are built into the timetable of teachers spending a significant time driving and adds that teachers should be made aware of the implications of not insuring their vehicle to cover business use. It also says teachers should be advised to report all work-related road incidents in writing to their line manager. Attending union meetings is not considered business use, it says.

OTHER NEWS
Workers hurt in scaffold collapse

Three workers were seriously injured when scaffolding collapsed at a hotel construction site in the centre of Milton Keynes. One eyewitness said the scaffolding fell 'like a pack of cards' from 14 floors. Police later said the injured workers were comfortable in hospital. The men were dragged from wreckage at the Milton Keynes building site after the collapse on Tuesday this week. An investigation by the local authority building control unit and the Health and Safety Executive (HSE) has begun to find out why the scaffolding collapsed at the site of a new Jurys Inn hotel. The managing director of site contractors McAleer and Rushe, Eamonn Laverty, blamed high winds. Up to 200 people were working at the Witan Gate site but many were on a lunch break when the scaffolding collapsed. Alan Ritchie, general secretary of the construction union UCATT, said: 'The fact that incidents of this magnitude are still happening should be a wake up call to the industry to get its house in order. In recent weeks there have been several major incidents that have closed down construction projects. This shows us once again that more needs to be done to make the industry safe to work in.'

Troubled death firm may escape big fine

The firm that employed a 21-year-old agricultural worker who crashed and died while driving home after working three consecutive 19½-hour shifts may escape a 'significant' fine because it is on the verge of going out of business. Potato distribution firm The Produce Connection, of Chittering, Cambs, admitted failing to ensure the health of workers and the public. The Cambridge Crown Court prosecution over the death of Mark Fiebig is the first of its kind in the UK by the Health and Safety Executive (HSE). But the firm may avoid a "big" fine as it is nearly bust, the court heard. Recorder Peter Guest asked for more information about the company's financial state and adjourned sentencing to a date to be fixed. He said the case could arouse public outrage, adding a company in a healthy financial position would have to pay a 'significant financial penalty' after admitting such offences. But lawyers for The Produce Connection said the company had an overdraft of nearly £2 million and was on the verge of insolvency. Judge Guest said: 'The sentence must reflect the public concern - some would say outrage - at the conduct that permitted this young man's death. There is a wide public interest in a case such as this.' He added: 'If the company was in a healthy financial position then the court would be bound to turn its mind to a significant financial penalty.' An HSE spokesperson said Mr Fiebig had been harvesting potatoes, which involved driving farm machinery, at the time of his death in October 2002. He said evidence showed that he had been working shifts which began at around 6am and finished between 1am and 2am the following day, with other employees also working similar hours.

Power plant must pay £100k over worker death

A power station where a worker plunged 70ft to his death has been ordered to pay almost £100,000 in fines and costs. Andrew Bason, 42, died when the staircase on which he was working at Eggborough Power Station came away from a landing and collapsed. At York Crown Court, Eggborough Power Limited was fined £33,000 for two breaches of safety laws, and ordered to pay £60,289 costs. The court heard from Eggborough employee William Crawshaw that he had raised concerns about the safety of the staircase three months before the accident, but nothing had been done. It also heard there was corrosion on the plant's 40-year-old staircases, but no regular safety checks. The tragedy happened on 29 July 2003 as Mr Bason, who was employed by a contractor, undertook repair work on damaged brickwork. Simon Phillips, prosecuting for the Health and Safety Executive (HSE), said it was accepted that there had been system failures at Eggborough. He told the judge: 'Once a defect had been reported on the system it was possible that it could remain untreated indefinitely.' Judge Hoffman, who said he was satisfied that the incident did not result from any cost-cutting by the company, added: 'The only aggravating factor is the tragic death of Mr Bason.'

Nurse murdered while taking a break

A nurse was stabbed to death last week while taking a cigarette break in the grounds of her Essex hospital. Cheryl Moss, 33, who had worked at St George's Hospital for 10 years, was found by colleagues in a grassy area that is popular with staff taking breaks. A man has been arrested in connection with the stabbing. Commenting on the tragedy, UNISON head of health Karen Jennings said: 'This is extremely sad and shocking news. We have little detail of what happened at this stage, but it is tragic that yet again a nurse has died while carrying out her work caring for the sick and injured. It is less than two years since a healthcare assistant was stabbed to death in London, and there have been other violent incidents involving knives since then'. She added: 'The level of violence that nurses and other health workers face is simply unacceptable. We will be demanding a full investigation into the facts surrounding this terrible event.' UNISON London regional officer Michael Walker expressed concern at government proposals to remove the right of victims in the workplace, or their families, to claim from the criminal compensation scheme. 'Our members are putting their lives on the line every day, looking after some of the most vulnerable people in our society,' he said. 'And that means that often their working environments are potentially dangerous. What the government is proposing is very worrying.'

Workplace nanotech concerns grow

Workers are guinea pigs in a massive and potentially dangerous nanotech experiment, new reports suggest. Campaign organisation the ETC Group has renewed its call for a moratorium on nanotech research and use after a product recall of consumer products containing nanoparticles. The German authorities put out the recall notice on a nanotech bathroom cleaner, 'Magic Nano'. At least 77 people reported respiratory problems in late March after using the aerosol version of the product, six of whom were hospitalised. In the US, a watchdog group has warned that current occupational exposure standards may not protect workers from the new products. The official Occupational Safety and Health Administration (OSHA) does have a general 'nuisance standard' for airborne particles, 'but that standard is not going to be very useful for nanomaterials,' said John M Balbus, a physician and health programme director for Environmental Defense. Just three weeks in a workplace with the nuisance level of engineered nanospecks would be equivalent to the exposure that caused animals to choke to death in experiments in 2004, Balbus said. US government and private sources are expected to invest about $4 billion (£2.3bn) in nanotech this year. Less than 10 per cent of that is focused on potential risks - with most of that going to general toxicology and environmental impact studies. Only US government occupational health research body NIOSH is focused specifically on nanotech workplace issues - a task it has had to accomplish with about $3 million (£1.72m) a year it cobbles together from its general budget.

Union welcome for gangmaster watchdog

Farmworkers' union TGWU has welcomed the launch of the Gangmasters Licensing Authority. The union says the creation of the authority is a landmark on the road to justice and fair treatment for casual workers in the UK food industry. 'We must never forget that the new system of gangmaster licensing has been achieved, in part, at the cost of the lives of 23 migrant workers sacrificed on Morecambe sands to the wickedness of exploitation which has gone on for so long in the farming and food industry,' said TGWU's farmworkers' leader Chris Kaufman. He said the launch of the new organisation 'is an occasion for us to pledge that never again will workers in our food chain be placed at such risk, and have their fundamental rights to health and safety disregarded. The creation of the Gangmasters Licensing Authority is a long-overdue achievement of which the industry's employers, supermarkets, reputable gangmasters and citizens' advice bureaux, as well as farm and food workers and their unions, can be proud.' He added that 'what matters now is vigilant enforcement of the licensing of gangmasters. This must be a priority for everybody of goodwill in the industry so that the tragedies of the recent past may never be repeated.' He will serve on behalf of farm and food industry workers as a member of the Gangmasters Licensing Authority Board.

TGWU backs new oil tanker driving standard

A new safety standard for driving oil tankers has been welcomed by drivers' union TGWU. It said last week's a new standard on health and safety and training for the industry was a significant and welcome step forward. Ron Webb, TGWU national secretary for transport, said it was a key plank in the union's overall campaign to raise standards and safety across the industry. 'Credit goes to all sides who have been involved in the negotiations but I am very pleased what has been agreed owes its origins, in many ways, to the TGWU campaign to raise standards.' Included in the new measures is a driver 'passport' to ensure health and safety and training across the industry. Secretary of state for trade and industry Alan Johnson has also welcomed the new guidelines. He said: 'This new standard is a major achievement and a real step forward in improving health and safety for the downstream oil distribution sector.'

RESOURCES
Global guide to safety in factories

A new guide to health and safety in factories worldwide has been made available online. A factory workers' guide to organising for safe jobs and healthy communities was produced by the US-based Hesperian Foundation at the request of workers and concerned activists organising to improve conditions in sweatshops and factories around the world. The group says in addition to addressing the occupational health hazards common to most low-wage manufacturing industries, the manual focuses significant attention on 'social hazards' such as sexual harassment and other gender-related abuses, child labour, poverty wages and human and labour rights violations. Key sections of the book, which is still in production, are now available free online. However, the Hesperian Foundation is seeking financial support to assist production and distribution of the book. It says: 'We depend on the support of people like you, who share our vision of a healthier and more just world. Your gift will enable this book to be developed and distributed to communities around the world that otherwise could not afford it. Your actions make a difference.'

INTERNATIONAL NEWS
Australia: Casualties of an anti-union law

An Australian worker has been serious injured on a site where construction bosses used a new anti-union law to block a union safety inspection. The Adelaide companies used the new federal workplace laws which took effect this month at the site where a worker subsequently fell six metres down a lift well. The worker survived but officials from construction union CFMEU say it is feared his spinal cord is severed and may never walk again. The company concerned, All State Recycling and Demolition, came to the attention of unions after a worker had his head severed by a concrete saw. 'Our delegate wanted to inspect the scene but was denied access because we hadn't given 24 hours written notice. That means we couldn't inspect this accident site in its original condition,' said CFMEU's Martin O'Malley. 'The CFMEU's number one job is to protect workers from death and injury.' There was a union protest outside the site after the incident. According to O'Malley: 'We want tough action taken against the two companies involved - Cox Constructions and All State Recycling and Demolition - who have a shocking track record in relation to industrial accidents. Last year, an accident at a Cox Constructions worksite resulted in a man being minced to death from the feet up in an escalator. These deaths and injuries take too long to investigate. While offences with the potential to cause death, such as drink driving, attract immediate financial penalties and even jail terms, someone responsible for the death of a worker faces no repercussions for years, if at all.' He added: 'The sad reality is that companies cut corners on worker safety because they can get away with it - and the new laws assist them by restricting unions from being safety watchdogs.'

Bangladesh: Deadly garment factories 'must improve '

Urgent action is necessary to protect workers in Bangladesh's deadly garment trade, campaigners have said. Union groups and labour rights activists including the Clean Clothes Campaign made the call on the 11 April anniversary of the collapse of the Spectrum Sweater factory fire, in which is now thought over 60 workers died and dozens more were injured (Risks 210). In a letter to prime minister Khaleda Zia, Neal Kearney, general secretary of Brussels-based ITGLWF, the global union representing workers in the sector, said a series of serious incidents had already blighted the sector this year (Risks 246 , Risks 247). ITGWLF called for a programme to ensure structural and fire safety in the sector, including an official survey to start by 1 May and to be completed by mid-August. After that time all factories should have official structural safety and fire certificates, the union body said. It added that at no time should workers be locked on the premises and all facilities should have a named structural and fire safety manager. An 11 April international day of action on garment factory safety in Bangladesh was backed by the country's unions and an alliance of women's and campaign organisations. The campaign was backed by international union organisations ICFTU and ITGLWF. The Clean Clothes Campaign co-ordinated international protest and awareness activities, calling for action from governments, a safety drive by Bangladesh's garment industry and an investigation of factory deaths backed up by severe penalties on deadly employers.

Europe: New research project on safety reps

A new European research project is to analyse the role and effectiveness of safety reps at work. EPSARE, the brainchild of safety experts in the European trade union ETUI-REHS research thinktank, was launched because 'research on the effectiveness of safety reps interventions both in the fields of health and safety and industrial relations is scarce.' The group estimates that the number of safety reps in Europe is probably in seven figures. It adds 'with only few exceptions, there is a lack of knowledge and debate (both scientific and political) on the factors and conditions that make safety reps an important asset in work environment strategies and interventions.' According to ETUI-REHS: 'We believe that there is a positive impact of workers' participation in the health and safety activities at the workplace level. There is some evidence that worker participation cannot be maintained with a minimal formal structure of representation and that trade unions usually play a key role in such a structure. However, we do not know adequately and systematically which factors (eg. training, information, union strategies, legal rights, support by public authorities, etc) may result in a positive impact of safety reps action in the health and safety.'

USA: Whistleblower vindicated on toxic prison work

The US federal Bureau of Prisons failed to address concerns that inmates and staff members at several prisons were exposed to toxic chemicals. The prisoners were working in recycling programmes where inmates use hammers to smash discarded computers, according to the agency that handles whistleblower complaints. In a letter to President Bush and Congress, the agency, the Office of Special Counsel, called for an independent investigation into the complaints, which were brought to the federal government by a whistleblower from a California prison in 2004. The office criticised the Bureau of Prisons for not investigating the accusations thoroughly, saying the agency's review was deficient and 'appears to be cursory at best.' The letter said Bureau responses to the whistleblower charges were unreasonable, inconsistent with documentary evidence, and relied on strained interpretations of safety requirements. The inmates dismantled the computers as part of the federal prison industries programme, or Unicor, which has become one of the nation's largest recyclers, providing low-cost recycling to government agencies, schools and private companies. Leroy Smith, the safety manager at Atwater Federal Prison, a maximum-security institution located just outside of Merced, California, originally came forward in December 2004 with documents showing that computer terminal disassembly plants were spewing particles of heavy metals, such as lead, cadmium, barium and beryllium, over inmates and civilian prison staff. Responding to the report, whistleblower advocacy group Public Employees for Environmental Responsibility (PEER) called on the Justice Department Office of Inspector General to immediately open a probe into health and safety violations. Six other federal prisons have similar computer recycling plants. 'Today hundreds of prison supervisors and hundreds more inmates who worked in the computer recycling plants have real and growing health questions but no answers from the Bureau of Prisons, despite a year-long review,' said PEER executive director Jeff Ruch.

USA: Official statistics miss most work cases

The US national surveillance system for work-related injuries and illnesses could miss two-thirds of occupational injuries and illnesses, according to a new study. A research team led by Professor Kenneth D Rosenman of Michigan State University concluded: 'Based on the results of our analysis we estimate that the number of work-related injuries and illnesses in Michigan is three times greater than the official estimate derived from the BLS [Bureau of Labor Statistics] annual survey.' The paper, published in the April issue of the Journal of Occupational and Environmental Medicine says that while BLS statistics suggest that work-related injuries affect 1 in 15 Michigan workers per year, the new results suggest that the true rate is closer to 1 in 5. The authors say official statistics are patchy, exclude the self-employed and small farms and miss many occupational diseases. They add there may be 'the perception by employers of financial and regulatory disincentives for complete reporting.' Commenting on the paper, Confined Space editor Jordan Barab said: 'OSHA [the official federal safety enforcement agency] currently bases its inspection targeting on employer self-reporting. In other words, low number of injuries and illnesses mean a smaller chance of being inspected. The study's 'perception' of regulatory disincentives for complete reporting is, therefore, more of a reality.' He adds that 'behavioural and safety incentive programmes that reward workers or groups of workers who don't report injuries is one way to use peer pressure to keep reporting down (if not actual injuries.) Disciplining 'unsafe workers' who report injuries is another method used by employers to discourage workers from reporting injuries.' A multiple fatality caused by a scaffold collapse in Boston, Massachusetts, this month occurred on a site where the contractor has chosen not to volunteer for a free official safety consultation.

EVENTS AND COURSES
Workers' Memorial Day, 28 April worldwide

It's the union health and safety event of the year, and it is going to be bigger than ever! Workers' Memorial Day, 28 April, is now the focus of union and campaign activities in countries worldwide. The dedicated Workers' Memorial Day webpages on the Hazards website include details of activities from Australia and Bangladesh, through to Malawi, Thailand, Nepal and Zambia. There's also examples of Workers' Memorial Day artwork around the world and background materials to use in local campaigns.

TUC courses for safety reps

COURSES FOR APRIL TO JULY 2006

USEFUL LINKS

Newsletter (5,200 words) issued 14 Apr 2006


Other documents in the same subject

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Risk 368 - 9 August 2008
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