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Risks Newsletter

Number 271 - 26 August 2006

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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 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 .

ACTION UNION NEWS OTHER NEWS INTERNATIONAL NEWS EVENTS AND COURSES USEFUL LINKS
ACTION
Just two weeks left to say what you want!

Safety reps have got just two weeks left to tell the health and safety watchdog exactly what they want. The closing date for comments to the official consultation on improving worker involvement is Friday 8 September. So, if you think union reps would benefit from new rights to better safety information, training and consultation or to stop the job or issue binding Provisional Improvement Notices, then speak up now. Or how about roving safety reps or the right to enter workplaces to conduct safety inspections? Reps have these rights in other countries, so why not here? If you've negotiated systems like this and they are working well, make sure the Health and Safety Executive knows this. A response demonstrating the union safety effect working in practice will carry more weight than a wishlist. The TUC has produced a handy guide to help safety reps respond to the consultative document. The pack contains: the arguments for improving safety representatives' rights; an outline of the problems with the current regulations; information on what HSE has been doing to promote worker involvement; details of the consultation exercise; and advice on how to respond. You should send a copy of any response to your trade union head office.

  • Improving worker involvement - Improving health and safety, Consultative Document CD207, full consultative document, summary document, print-off-and-use feedback form and online feedback form. Single printed copies of the Consultative Document and summary can be obtained from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA. Tel: 01787 881165, Fax: 01787 313 995. Comments should be sent to arrive by 8 September 2006 to: Zoe Woodrow, Worker Involvement Programme, HSE, 5th Floor, North Wing, Rose Court, 2 Southwark Bridge, London SE1 9HS.
  • TUC alert. HSC consultation on improving worker involvement: What it means and how to respond - TUC briefing pack for safety representatives [pdf].
  • Looking for inspiration? Have a look at the Hazards safety reps webpages or union effect guide.
UNION NEWS
Rail union safety plea on track work

All work on Britain's rail tracks should be brought back in-house for safety's sake, rail union RMT has said. The RMT call came last week after Network Rail announced that contractor Carillion had been suspended from bidding for new work until it could show that its safety performance had improved. Carillion Rail has contracts with Network Rail worth £20-£30m a year to renew tracks, signalling and telecoms on the rail network. 'If Network Rail wants to 'raise the bar on safety' it should bring renewals work back in-house alongside track maintenance,' RMT general secretary Bob Crow said. 'Network Rail bears ultimate responsibility for safety, and they can't expect us to swallow a bland assurance that there is no specific risk even though they have barred Carillion from new work. And if Carillion's safety regime is not good enough for new work, then surely its existing contracts must be brought back in-house immediately.' He said track maintenance was taken back in-house by Network Rail for safety and efficiency reasons in 2003, 'and both have improved dramatically as a result. Yet on the renewals side the fragmentation of privatisation, with the same tangle of contractors, subcontractors, one-man-and-a-dog outfits and, most importantly, the dismantling of the essential central command system, is still in place.' He added: 'It is our members, whoever they work for, who are exposed to the unnecessary risks posed by fragmentation, and the time is long overdue to end it.' According to a survey of contractors' safety records carried out by Network Rail, Carillion employees were twice as likely to be injured as the average for contractors.

Cleveland firefighters win safeguards

Cleveland fire crews have won significant safeguards for firefighters and the public. The union has accepted a new package of changes to the local fire and rescue service after councillors, facing the prospect of industrial action, amended their original proposals which would have seen a cut in the number of firefighters on the first appliance attending life-threatening emergencies (Risks 263). Emergency response targets have also been improved from earlier proposals. Steve Watson, Cleveland FBU brigade secretary, said: 'Fire crews were determined to ensure that any changes to the local fire service would not compromise the safety of the Cleveland community or frontline firefighters attending emergency incidents. They were ready to take strike action if necessary.' He added: 'Negotiations following the 3:1 vote in favour of strike action produced revised proposals for change to the local fire service that the Fire Brigades Union recommended to its members. Cleveland fire crews have carefully considered them and have accepted them.' John McGhee, FBU national officer responsible for health and safety, who advised local reps during the negotiations with senior fire service managers, said: 'This is a victory for common sense and health and safety. The Fire Brigades Union is committed to ensuring that 'modernisation' of the UK fire and rescue service isn't just a cover for old-fashioned cuts. Cleveland management have avoided unnecessary strike action by putting the saving of lives above short-term financial savings.'

Airport union pushes safety case

The safety of passengers and staff is being put at risk because of corner-cutting by airline companies, airport union TGWU has warned. The union says 'turnaround time', the time allocated to prepare aircraft for departure, has been pared back and should be fixed at a minimum of one hour. The call is part of a new charter for safer working practices at Gatwick airport. The union charter also calls for a new maximum weight of 23kg for each piece of passenger baggage. TGWU general secretary Tony Woodley said: 'Security and airport safety go hand in hand, and the measures we are including in our charter will help make flying safer for passengers as well as protecting airport workers from unnecessary accidents.' He added: 'It is no longer acceptable that the intense competition between companies operating at Gatwick can be allowed to drive down health and safety standards. A culture of corner-cutting is growing up, most obviously visible in the continuing reductions being sought in turnaround time for aircraft between landing and departure.' He said: 'We believe that a one-hour turnaround time is sensible, and can be implemented by any company which has a genuine interest in passenger and employee safety.' The union says the TGWU Gatwick Charter is being discussed at senior level with airport authorities and the Health and Safety Executive. TGWU says it plans to raise the issues with the major aircraft handling companies. The charter will form the focus of a TGWU airport safety campaign in coming weeks.

Staffing levels key to airport security

Civil aviation union TGWU has demanded an urgent assessment of staffing levels in UK airport security to ensure that passenger safety can be maintained. The union also warned that airline pressure to speed up security checks could compromise security. Brendan Gold, the union's national secretary for civil aviation, said: 'Airport and airline staff should be congratulated for working around the clock in the last few days to ensure the safety of the travelling public. There has been tremendous pressure on the workforce, particularly security workers, and they have responded admirably.' He added: 'Staff have carried out a difficult job well, yet have been bearing the brunt of staffing levels cut to the bone.' He said the union 'will be bringing our concerns to the Department of Transport, the airlines and the airport authorities as a matter of urgency.'

OTHER NEWS
True cost of sickness absence 'close to zero'

The cost of worker absenteeism to British industry could be as much as £13 billion less than other surveys suggest and could have 'a net cost close to zero', according to a new study. The report, 'Pay, technology, and the cost of worker absence', was produced by a team headed by Swansea University economist Professor John Treble. The authors say their research, published online this month in the US journal Economic Inquiry, sheds new light on the true cost to industry of worker absence. They say this cost is much lower than estimated by the Confederation of British Industry (CBI) (Risks 257). Professor Treble said: 'There are two main reasons why we believe the cost of absence is lower than generally accepted. Firstly, not all businesses operate in the same way, which means that absenteeism may have more financial impact on some than on others. Secondly, the way in which we estimate the cost of absenteeism takes into account factors that the CBI survey does not. In effect, the CBI measure inflates absence costs by ignoring the extra expense that is incurred in reducing absenteeism.' Professor Treble added: 'We believe that any estimate of the cost of absenteeism to industry must take into account how much it would have cost to have prevented the absences in the first place. Our estimates include the cost of prevention as well as the cost of lost production. It turns out that these two figures more or less cancel each other out, implying a net cost close to zero.' The findings have serious implications for sickness absence policies. A 2003 British Medical Journal report of findings of the Whitehall II study of UK civil servants, the UK's biggest ongoing occupational health study, concluded 'short term absences may represent healthy coping behaviours,' with these workers less likely to end up on the long-term sick list (Risks 165) . However, increasingly punitive sickness absence policies have been forcing the walking wounded into work. The new study suggests this might be ill-advised on grounds of both health and short- and long-term economic performance.

Safety chief says penalties must increase

Employers should face heavier fines for health and safety offences, ministers have been told. Bill Callaghan, chair of the Health and Safety Commission (HSC), has written to the Cabinet Office calling for 'more training for judges and magistrates so that the level of fines... recognises the gravity of breaches and acts as an effective deterrent.' In an HSC response to a government review of regulatory sanctions headed by Richard Macrory, professor of environmental law at University College London, Mr Callaghan said: 'Before we can look objectively at alternative penalties, there is a need to ensure the current level of penalties, in terms of the level of fines imposed, act as an effective deterrent. It is our belief that the current level is too low and needs to be increased.' The watchdog said the number of people killed at work in 2004/05 fell by 5 per cent to a record low of 212. The rate of deaths per 100,000 employees was also the lowest ever at 0.71. The fatal injury rate fell in agriculture, construction and services, but increased in manufacturing and the extractive industries. Mr Callaghan said there was no room for complacency. 'The figures are very encouraging but more needs to be done. There are still too many people killed at work every year, and quite often simple, inexpensive measures could have prevented the tragic loss of life.' He added: 'The figures show that the Commission's strategy is working. This is based on enforcement, information and advice, regulation and persuasion and working in partnership with industry and trade unions.' Jonathan Rees, deputy chief executive of the Health and Safety Executive (HSE), said: 'Despite some recent high profile cases where larger penalties have been imposed, the average fine for offences involving deaths at work is less than £50,000 and for all offences it is just £12,500.' HSE came under fire from unions last week after Geoffrey Podger, its chief executive, warned that 250-350 jobs, representing up to 9 per cent of the executive's staff, were likely to go by April 2008 to satisfy government imposed budgets (Risks 270). HSE unions warn that cutbacks will lead to a further drop in HSE inspections and prosecutions. Fewer than one in every thousand reported workplace accidents results in a prosecution.

TGWU says directors should face jail

General union TGWU has said stronger laws and enforcement are necessary to make dangerous employers take safety seriously. TGWU general secretary Tony Woodley, commenting on latest fatality figures from the Health and Safety Commission (HSC), said: 'Any reduction in the horrifying toll of employees killed in the workplace is to be welcomed. But these figures must be kept in perspective. Last year there were 212 people killed at work, and that is 212 workers too many.' He added: 'Families and colleagues who have had to deal with the consequences of these deaths can testify to the damage they have caused. We know that most of those deaths could have been prevented, and that stronger laws and enforcement are the way to force prevention further up the list of employers' priorities.' He said it was crucial a nominated director was made responsible for the welfare and safety of their employees and the general public. 'Unless directors realistically face the prospect of jail when their negligence causes death, the culture in certain industries will never change. It is surely unjust and immoral that financial wrongdoing can be treated as a more serious offence by Britain's courts today than an employer's failure to uphold health and safety law which has risked the safety of both the public and workers alike.'

Site deaths still at over one every week

Construction union UCATT has called for directors to be held responsible for safety breaches to end the complacency 'rife' in the industry. Provisional figures on fatal injuries to workers in construction during 2005/06 put the toll at 59 deaths, down by 10 on 2004/05. The Health and Safety Executive (HSE) says this is the lowest figure on record for the sector. But UCATT general secretary, Alan Ritchie commented: 'While I acknowledge there has been a reduction in both the rate and the number of construction fatalities this is no excuse for the industry to rest on its laurels. The figures still show that 59 workers died at work, 59 families lost their breadwinner, and 59 families will be torn apart by grief.' The official figures show construction still accounts for nearly 28 per cent of the total fatalities for all industries even though the industry represents just over 8 per cent of GDP. 'There continue to be fatalities resulting from construction activities where the risks are well recognised and documented and yet complacency is rife,' said Alan Ritchie. 'I don't believe this will change substantially until we have directors being held to account and facing the prospect of a custodial sentence should their negligence result in a worker's death. It is my union's dedicated policy to seek amendment to the current legislation in order to achieve that aim.' Stephen Williams, HSE chief inspector of construction, said: 'It is positive news that HSE in partnership with all in industry - employers, unions and stakeholder bodies - are driving down fatalities on sites. However, we should be cautious. One year's figures should not be viewed in isolation and it is too early to say whether the reduction in fatal injuries represents the significant behaviour change the industry has been promising. Let us not be complacent - one death is still one too many.'

Union dismay at Scots fatality figures

Unions in Scotland have expressed disappointment at the latest Health and Safety Executive (HSE) fatal accident figures. STUC said the figures 'reveal Scotland still has, yet again, witnessed a higher fatal injury rate than other countries and regions in Britain.' STUC health and safety officer Ian Tasker said Scotland's workplace fatality rate 'is almost twice that of Britain as a whole, and these figures are of particular concern at a time when the HSE have announced plans to cut 250 to 350 posts' (Risks 270). He added: 'While the headline figures show that there has been a reduction in the number of fatal injuries to workers, this improvement has been partially offset by a rise in fatalities among the self-employed. He said while worker deaths had fallen from 37 in 2004/05 to 32 in 2005/06, 'the figure for 2004/05 reflected the tragic loss of nine workers in the ICL/Stockline explosion, a tragedy on a scale that no one would want to witness again.' TGWU Scotland regional secretary Mike Brider said: 'Over the last ten years 247 workers in Scotland have lost their lives, that is 247 workers too many. We know that most of those deaths could have been prevented, and that stronger laws and enforcement are the way to force prevention further up the list of employers' priorities.' The union is backing a Culpable Homicide (Scotland) Bill (Risks 270), presented as a private members bill by Karen Gillon, MSP, he said. 'We believe the bill is fully within the competence of the Scottish Parliament and will ensure that all involuntary deaths can be prosecuted and punished on a fair and equitable basis.'

Waste firm fined £2,500 after worker injury

A Croydon-based waste management company has been ordered to pay nearly £5,500 in fines and costs after an employee had his foot crushed by a tractor. Viridor Waste Management was fined £2,500 and ordered to pay £2,914 in court costs after pleading guilty to two health and safety charges. Employee Daniel Bonnell was instructed to use the tractor's towing equipment to remove a drain cover in June 2005. During the operation he slipped and his foot was crushed by the rear moving parts of the machine, resulting in a six month lay-off. The Central London Magistrates Court heard how Viridor had conducted an internal audit some weeks before Mr Bonnell's accident, which should have alerted them to weaknesses in the health and safety management system. Following an investigation by the Health and Safety Executive (HSE), it was found the firm had failed to carry out a sufficient risk assessment and effective training. Andrew Withers, HSE inspector, said: 'In this case there was evidence that the company had spent a significant amount of resources on health and safety and that they appeared to be keen to have high standards. However, it was shown that the actual standards fell below what was adequate.'

Imerys admits charges after near electrocution

China clay giant Imerys has been fined £5,000 for a breach in safety regulations which put workers' lives at risk. The firm admitted two safety offences at Liskeard Magistrates' Court. Both related to an incident last December when an articulated lorry drove through live overhead power cables, pulling them to the ground. Health and safety inspector Catherine Pickett told the court the lorry's driver, Ronald Clay, was lucky to be alive after the accident. Imerys reported the accident and she visited the scene 19 days later. She found there were no warnings to draw drivers' attention to the raised electrical wires and there were also no 'goal posts' - frames limiting the height of vehicles passing through which would have made the danger of the cables obvious. Safety laws and Imerys' own guidelines stipulated that these measures should have been in place anywhere where drivers passed under electrical cables. Ms Pickett said it was 'doubly disappointing' that the measures were not introduced until her visit. Outside court, Ms Pickett said: 'This type of accident is quite common and could lead to fatal injuries.' Imerys admitted one charge of breaching requirements of the Electricity at Work Regulations and another relating to the Management of Health and Safety at Work Regulations. It was fined £2,500 for each offence, with £1,502 costs. Imerys legal manager Simon Trahair-Davies said the company regretted the incident and had recently received a Royal Society for the Prevention of Accidents safety award for the second year running.

Student job leads to flattened thumbs

A Sheffield student has had both his thumbs crushed during a part-time construction job. Neil Goodchild, 22, received an out-of-court settlement of £6,250 after sustaining severe crushing injuries to both his thumbs leaving him with residual numbness. At the time of the incident he was working for Carillion Construction Limited on trackwork at Tamworth Station. A rail had been cut and jacked up so that sections could be taken out. Mr Goodchild was trying to dislodge a rubber pad which had stuck to the underside of the rail by pushing the pad with both his thumbs, one under each side of the rail. The jack was released by one of Mr Goodchild's colleagues without any warning and the rail fell heavily trapping both of his thumbs. He was hospitalised for two nights as a result of the injuries and could not return to his job for two months. His legal adviser, Lisa Fairclough of personal injury solicitors Irwin Mitchell, said: 'The injuries sustained by Mr Goodchild came as a direct result of his colleague failing to give any warning of his actions. It is every employer's responsibility to ensure employees are provided with sufficient training and guidance and to ensure safe environment for all workers to work in.' Carillion was barred last week from all new rail work because of its poor safety record. A report in Hazards magazine published this month reported n early 4,500 workers aged 16 to 24 were seriously injured or killed at work last year, over 20 per cent more than five years ago (Risks 269). It said a lack of training and supervision was the major responsible factor.

Animal diseases kill workers

Two workers have been killed in separate incidents as a result of 'zoonoses', animal diseases that can be transmitted to humans. Christopher 'Pascal' Norris, from near Hawick in the Scottish borders, died last month from blood poisoning which tests showed was most likely caused by an anthrax infection. Mr Norris, 50, lived alone at a remote location, which has now been sealed off. NHS Borders said the single, self-employed craftsman made artworks and musical instruments, some of which involved untreated animal hides and which may have contained anthrax spores. The last known death in the UK was in 1974, according to the Health Protection Agency, while Scotland's last known fatality was a 48-year-old woman in 1971. In England, a farmer is believed to be Britain's first victim of rabbit flu. John Freeman, 29, of Aspall near Stowmarket in Suffolk, became infected with the bacteria pasteurella multocida after picking up a rabbit on his farm. He died four days later on 5 August. A post-mortem examination revealed that Mr Freeman had died from septicaemia after becoming infected with the bacteria that causes pasteurellosis, which is known as rabbit flu. Doctors initially thought he had chickenpox because he developed a rash on his body. Last month, workers at a meat processing plant in Bridge of Allan in Stirlingshire contracted the work-related infection Q fever, which causes flu-like symptoms (Risks 267). The infection can also lead to Q fever endocarditis, a serious heart condition, in a minority of sufferers.

INTERNATIONAL NEWS
China: Apple admits excessive iPod hours

Apple Computer has said a report of labour conditions at its iPod plant in China found workers did more than 60 hours a week a third of the time. Staff making the high priced, massively popular mp3 players also worked more than six consecutive days 25 per cent of the time. Apple said the hours were 'excessive' and said its supplier would now be enforcing a 'normal' 60-hour week. The California-based firm said its report found 'no evidence of enforced labour' or use of child workers. The computer firm sent an audit team to an unnamed plant in China after the Mail on Sunday published a story in June alleging poor working practices at the company's Foxconn contractor in China. The Apple report has been criticised by a global trade union group for not being independently verified. Janek Kuczkiewicz, director of human and trade union rights at the International Confederation of Free Trade Unions (ICFTU), said he was not impressed by the report. 'Apple interviewed just 100 people out of the estimated 30,000 iPod workers,' he said. 'We do not know the conditions in which the interviews were held. We have serious reservations about the report.' Mr Kuczkiewicz said Apple had not asked workers what they preferred - a decent wage or minimum wage and overtime. 'We believe it is the workers' role to monitor standards. That has not happened at the Apple plant in China.' Apple discovered two instances of staff being made to stand to attention as a form of disciplinary punishment. A statement from the company said: 'We are dedicated to ensuring that working conditions are safe and employees are treated with respect and dignity wherever Apple products are made.'

USA: Why are miners still choking to death?

It's been well over 100 years since the US Congress first told mine companies to limit coal dust in mines and four decades since the first efforts were made to reduce the incidence of coal miners' pneumoconiosis, or black lung, a deadly choking of the lungs with coal dust. But an official study has revealed miners in eastern Kentucky and western Virginia are at greater risk than miners in other coal belt areas and are developing the condition earlier. 'This shouldn't be happening,' said study author Dr Vinicius Antao, of the US government's National Institute for Occupational Safety and Health (NIOSH). Antao said his research indicated 'inadequate prevention measures' could explain the elevated risk. Another reason could be an inadequate US dust standard. The current coal dust limit of two milligrammes per cubic metre is not protective, and is twice the standard recommended by NIOSH over a decade ago. In addition, the recent NIOSH findings seem to confirm safety advocates' claims that the kind of small, non-union operation so prevalent in Eastern Kentucky just doesn't follow the rules. In such mines, the culture of production is stronger than the culture of safety.

USA: Deadly BP gets a visible reminder

USMWF Billboard A billboard just a block away from the main entrance to BP's Texas City plant doesn't promote a car, cosmetics or the latest blockbuster movie. And it is not one of the increasingly common oil company billboards screaming unsustainable 'sustainable energy' slogans like 'Beyond Petroleum.' This billboard commemorates two workers, Raymundo C Gonzalez Jr and Leonard Maurice Moore Jr, who were gravely injured when a pipe ruptured at the plant on 2 September 2004, both succumbing to their injuries in the following weeks ( Risks 267 ). In March 2005, the same plant was levelled in a massive explosion, killing a further 15 workers and injuring over 70 more. The billboard has been placed on behalf of Katherine Rodriguez of United Support and Memorial for Workplace Fatalities (USMWF), a US campaign bringing together bereaved relatives to campaign for safer workplaces and for a more just, more effective safety system. Raymundo C Gonzalez Jr - Ray - was Katherine's father.

EVENTS AND COURSES
Health, risk and society, Canterbury, 3-5 September

The British Sociological Association Risk and Society Study Group in collaboration with the ESRC Social Contexts and Responses to Risk (SCARR) network is running a risks conference on 3-5 September. Themes including risks and public health, the media, globalisation, nanotechologies and responses to risks.

Workers' health and well-being conference, London, 8 September

'Health and well-being of working age people - The worker's perspective' , a seminar organised by the Economic and Social Research Council (ESRC), the Department of Health, the Department for Work and Pensions and the Health and Safety Executive, will take place in London on 8 September. The purpose of the seminar is 'to discuss the policy and practice implications and the evidence base available to assist with the development of policy options following the publication of the Health, Work and Well-being strategy in October 2005. The seminar will be focused on the employees/worker's perspective and will provide a platform to discuss how occupational health is defined and measured; the benefits of high levels of occupational health to industry and the economy; and the inducers and inhibiters of performance i.e. individual attitudes.'

Fairness at work for all, TUC fringe, Brighton, 11 September

A TUC and National Group on Homeworking (NGH) fringe meeting at next month's TUC Congress in Brighton will be on the theme of 'Fairness at work for all: Organising, representing and supporting vulnerable workers.' Speakers include TUC general secretary Brendan Barber, TGWU and UCATT general secretaries Tony Woodley and Alan Ritchie, and Pamela James, a homeworker. Congress 2006 will see the launch of a major new initiative aimed at helping unions to better organise, support and represent vulnerable workers. This new initiative will focus on the need for: Government to extend employment rights protection to all workers regardless of their employment status; better enforcement of existing employment rights; and unions to step up efforts to reach out to vulnerable groups of workers and to work with organisations and groups already supporting these workers.

  • Fairness at work for all , 12.45pm-2.00pm, Monday 11 September, Room 1, Brighton Centre. IMPORTANT NOTE: Only those with the necessary Congress accreditisation will be allowed access to the building. Further details, Paul Nowak , TUC National Organiser, telephone 020 7467 1218.
TUC courses for safety reps

COURSES FOR SEPTEMBER TO DECEMBER 2006

USEFUL LINKS

Newsletter (5,300 words) issued 25 Aug 2006