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Risks Newsletter

Number 340 - 26 January 2008

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hazard warning signEditor: 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 15,000 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 OTHER NEWS INTERNATIONAL NEWS EVENTS AND COURSES USEFUL LINKS
UNION NEWS
University agrees £1.4m safety deal

Unions at the University of Leeds have signed a landmark deal to protect the health and safety of staff and students. A declaration agreed with the university's top brass identifies health and safety as the university's highest priority - and is backed by a two-year £1.4m budget, an awareness-raising campaign and a package of improvements. Lecturers' union UCU said the agreement is the first of its kind in higher education. Ann Blair, Leeds UCU president, said: ''If properly implemented, this agreement will benefit not only staff but students and the institution as a whole. The next challenge for UCU - and the university - is to put this goal into practice.' UCU's head of equality and employment rights, Roger Kline, commented: 'This agreement sets a standard on health and safety policy that is amongst the best, if not the best, in higher education. It states clearly that health and safety and the work environment are the top priority for the university and confirms prominently that UCU is an equal partner in ensuring this goal is achieved.' Improvements include the first ever appointment of a director of well-being, health and safety in a UK university, supported by a professional team of 18 staff. University vice-chancellor Michael Arthur said: 'We need to bring about a permanent shift in health and safety culture. We should not underestimate the challenge of achieving this, but I am confident that by working together we will succeed.' The agreement is co-signed by university management and the unions UCU, Unite and UNISON.



MPs back abused rail workers

Rail union RMT has welcomed a call by MPs for Northern Rail to stop docking the pay of workers who need time off after being assaulted or abused at work. Earlier this month the union demanded that Northern Rail drop a unilateral change of policy that has resulted in assault victims who have not suffered 'severe physical injury' losing money if they needed time off (Risks 339). Now an early-day motion, tabled in the House of Commons by Halifax MP Linda Riordan and fast gaining support from MPs, has condemned the 'heartless and greedy actions of Northern Rail' for making the change despite making £16 million in operating profits last year. The MPs urge Northern Rail to ditch the 'short-sighted' change and to restore its previous policy of paying average earnings to all staff needing time off after suffering physical, verbal or threatening assaults. RMT general secretary Bob Crow commented: 'This intervention by MPs is most welcome, not least because Northern Rail have had the gall to pretend that nothing has changed.' He added: 'Until last October the company's policy was to pay average wages to all staff who needed time off after suffering abuse or violence, but now we have people being told they will only get their basic pay because they haven't been injured seriously enough. That is a fact and it defies belief that Northern has tried to deny it.' He said the company had 'made a serious mistake and the best thing they can do is admit it and restore the policy of paying average pay to all assault victims who need time off.'

UNISON wins asbestosis payout

A retired member of the union UNISON has been awarded a £25,000 payout after contracting the lung scarring disease asbestos. Albert Flood, a 79-year-old former joiner, worked for a number of different firms during the 1950s and early 1960s and was regularly exposed to asbestos without warning or breathing protection. Four of his former employers - Pochin's PLC, Cammell Laird Ship Builders Ltd, Carillion Construction (Contracts) Ltd and Sir Robert Lloyd - agreed the settlement. Mr Flood discovered that he was suffering from asbestosis after a CT scan. Since his diagnosis, his breathing difficulties have increased, he suffers from severe shortness of breath and now needs a mobility scooter to get around. His exposure to asbestos happened before he became a member of UNISON. 'Mr Flood's case proves just how beneficial trade union membership can be,' said his branch secretary, Glen Williams. 'Even if your exposure occurred before you became a member, you may still be entitled to the benefit of union legal aid. It also demonstrates the importance of keeping up your trade union membership upon retirement.' UNISON's solicitors had to undertake considerable detective work to track down the companies that had exposed Mr Flood to asbestos, all of which had since closed.

Welder gets lung cancer payout

A former welder diagnosed with lung cancer after being exposed to asbestos has been paid provisional compensation. The unnamed former welder, 73, received the £20,000 payout after being diagnosed with lung cancer in August 2006. He was exposed to asbestos while working as a welder at Cammell Laird shipyard, an engineer for Birds Eye Foods and while employed by Laker Vent Engineering. The lifetime non-smoker had half his lung removed immediately following his diagnosis but has been told there is a high risk of the cancer returning. He contacted Unite after being advised by his doctors to claim compensation. 'I was devastated when I found out that I had lung cancer,' he said. 'The doctor said if I did not have the operation I would not see him again. The operation went well and I am lucky to be alive but it is always at the back of your mind that it will return. Claiming compensation was the last thing on my mind but the nurses at the hospital told me I should contact my union. I am glad I did because I now know my family will be provided for if the lung cancer returns in the future.' Joanne Candlish from Thompsons Solicitors said: 'Lung cancer cases are particularly difficult as there are many issues to overcome, but this case demonstrates that we can, and do, succeed. As the claim was settled on a provisional basis the client has the peace of mind knowing that if, God forbid, the cancer does recur or he develops another asbestos related disease he can re-open his claim for further compensation.' Recent studies have shown an unexpectedly high number of lung cancers are occurring in lifetime non-smokers, with occupational and environmental exposures to cancer-causing substances implicated (Risks 294).

Shoulder injury forces retirement

A GMB union member from Gloucestershire has secured 'substantial' damages after he fractured his shoulder, forcing his medical retirement from his maintenance job. Former Transco employee Kevin Meek from Cinderford, Gloucestershire was employed as a maintenance worker by Wales & West Utilities Limited, (WWU) - formerly part of National Grid Transco. He was working with a colleague to close a deep valve chamber when the incident occurred. They had successfully replaced the first cover but as they were re-positioning the second cover it started to slip before falling into the 15 foot deep chamber. 'As a result of the momentum and the weight of the cover, I lost my balance and fell head first into the chamber,' Mr Meek said. 'I was taken to the accident and emergency department at the Gloucester Royal Hospital and an x-ray of my right shoulder revealed a fracture. I've had to have two operations since the accident. My movement is still restricted and I still suffer from pain, so I've not been able to return to work with Wales & West.' GMB's Martin Hird said: 'We're pleased with the outcome of Kevin Meek's case, which was settled shortly before it was due to be heard in Court. He was medically retired as a direct result of the injuries, and is now limited in the type of work that he can perform.' The settlement sum has not been disclosed.

OTHER NEWS
Weakened HSE has 'dumbed down' role

A 'serious weakening' of the Health and Safety Executive (HSE) and a 'dumbing down' of its strategy is leaving workers without adequate protection and at risk of deadly diseases, MPs have been told. In its submission to the Work and Pensions Select Committee inquiry into the operations and work of the Health and Safety Commission (HSC) and HSE, which heard evidence this week, the Institute of Occupational Medicine (IOM) questioned the watchdog's strategy and called for more emphasis on prevention and enforcement. IOM's written evidence to the select committee notes that budget cuts combined with a 'serious weakening of HSE's specialist expertise' and 'an increased focus on sickness absence and incapacity, at the expense of the control of risks at work and the protection of workers from exposure to hazards... means that HSE is under-resourced to meet its core responsibilities.' IOM adds it has particular concerns in relation to occupational diseases, such as chronic lung diseases caused by dust and chemicals and occupational cancer. The submission is also scathing about HSE's strategy. 'The shift in emphasis towards the management of sickness absence, the weakening of HSE's specialist expertise and enforcement capability, the move towards subjective risk assessments and away from data gathering, and the low public and political profile of occupational health have, we believe contributed to a 'dumbing down' of occupational health and safety particularly health,' it says. IOM also warns 'HSE seems to be trying to do too much by cooperation and persuasion, at the expense of its role in giving strong and clear direction, and in strong enforcement.' The reduced enforcement threat means 'many companies think HSE is without teeth,' the submission notes.

  • IOM news release and full submission to the Work and Pensions Select Committee inquiry into the operations and work of HSE/HSC [pdf].
Work stress causes heart disease

Stressed workers suffer a greatly increased risk of heart disease, a study of UK civil servants has found. Stressful jobs have a direct biological impact on the body, the research indicated. The study reported online by the European Heart Journal focused on more than 10,000 British civil servants, part of the ongoing Whitehall II study. Those under 50 who said their work was stressful were 68 per cent more likely to develop heart disease than the stress-free. Between 5 and 10 per cent of the group were chronically stressed. Physical effects were more pronounced on weekdays, pointing to a work link. The stressed had less time to exercise and eat well - but they also showed signs of important biochemical changes. As well as documenting how workers felt about their job, researchers monitored heart rate variability, blood pressure, and the amount of the stress hormone cortisol in the blood. They also took notes about diet, exercise, smoking and drinking. They then found out how many people had developed coronary heart disease (CHD) or suffered a heart attack and how many had died of it. Lead researcher Dr Tarani Chandola, of University College London, said: 'During 12 years of follow up, we found that chronic work stress was associated with CHD and this association was stronger both among men and women aged under 50.' While these younger worker seemed to be more at risk, the findings were the same regardless of the status of the worker. Previous studies had suggested those in lower employment grades may be more at risk. 'We did not find strong evidence that the effect of work stress on heart disease is worse for those in lower grades - the effect of stress was pretty much the same across different grades,' said Dr Chandola. 'However, later on in the study, some parts of the civil service underwent considerable change in their working environments, including privatisation. We are currently exploring whether the effects of these changed work stress levels, partly brought about by privatisation, are particularly deleterious for those in the low grades of the civil service' (Risks 164). TUC general secretary Brendan Barber commented: 'This provides further evidence that stress is not just a major cause of mental health problems but is also often behind serious, and sometimes fatal, physical diseases.' The Whitehall II researchers have previously identified lack of control as the most important factor raising stress at work, with those in low-status jobs who were required to follow the orders of their bosses more stressed and likely to die sooner (Risks 165).

  • BBC News Online. The Independent. Metro.
  • Tarani Chandola and others. Work stress and coronary heart disease: what are the mechanisms?, European Heart Journal, published online 23 January 2008. doi:10.1093/eurheartj/ehm584
Vibration ruling fails injured miners

A High Court ruling has shattered hopes of compensation for many miners with the debilitating occupational disease vibration white finger (VWF). Roger Maddocks of law firm Irwin Mitchell said the way the government handles some claims under the British Coal VWF Claims Handling Arrangement (CHA) has meant miners are routinely missing out on compensation. He criticised claim processing company Capita, 'who have assumed the role of judge and jury on the claims.' Lawyers for the miners were hoping that they could use the courts to resolve disputed claims, but this is being blocked by the Department of Business, Enterprise and Regulatory Reform (BERR). The High Court this week said disputed claims for compensation under the CHA could not be resolved in the courts. Instead, vibration white finger sufferers who have had their claims rejected partially or in total under the CHA will have to mount their own civil cases outside the CHA for any part of the claim they wish to pursue - this means starting afresh, nine years after the CHA was set up. Mr Maddocks said: 'The High Court has effectively washed its hands of cases under the CHA that are disputed and we are incredibly disappointed with this decision. Many elderly former miners have waited years to be compensated for their condition and this is a final kick in the teeth for them. We are considering an appeal against the High Court's ruling.' The operation of the scheme was severely criticised early this month in a report by the Legal Services Complaints Commissioner (Risks 339).

Asbestos groups welcome drugs decision

Groups supporting families affected by asbestos disease have welcomed the approval of the most effective drug treatment for the cancer mesothelioma. On 23 January drug approvals agency NICE announced it had cleared the use of Alimta for the treatment of mesothelioma. Final approval came after it rejected an appeal against its July 2007 decision to allow the NHS to use the drug (Risks 314). The Asbestos Victims Support Groups Forum said the decision brought to an end 'one of the worst examples of postcode lottery funding. While mesothelioma patients in Scotland, the North West and North East of England received treatment, hundreds of patients were refused treatment in other parts of the UK.' Mesothelioma is at the moment incurable, but Alimta has been shown to extend life and alleviate symptoms for many patients. Tony Whitston, chair of the asbestos forum, said hospitals should respond immediately to NICE's announcement 'and follow Department of Health guidance which encourages early implementation of NICE guidance.' He added 'it would be perverse for any primary care trust to refuse a request for treatment after so many years delay and anguish for patients and their families.' TUC head of safety Hugh Robertson said: 'This decision is to be warmly welcomed and we hope that health authorities will implement it quickly and consistently. However Alimta is only of use to a limited number of people with mesothelioma and even then only assists in reducing the suffering and increasing life expectancy for a few months. Given the numbers of people dying from this devastating illness every year much more needs to be done to seek effective treatments.' Deaths from mesothelioma have increased from 153 in 1968 to a record 2,037 in 2005, the most recent year for which figures are available.

Three generations of asbestos pain

A Hartlepool infant will grow up not knowing either her father or grandfather after both died of the cancer mesothelioma after working with asbestos. Stephen Gray, 44, last year succumbed to the cancer that had killed his 67-year-old father Harry years earlier. Stephen, who leaves behind a fiancee, Diane Hurst, had already fought back once from the disease after surgeons removed his lung and diaphragm. But months later, he was told by experts he was battling the disease again, this time in his abdomen. He was given the diagnosis when his daughter Katie was just 18 days old. Stephen lost his second fight against mesothelioma when Katie was still only 15 months. Fiancee Diane is now bringing up the couple's children Katie, 22 months and Harry, four, as well as her own two daughters, Toni, 11, and Charlotte, 16. 'Katie mentions her dad every day,' said Diane. 'She will go to the pictures on the wall and say 'daddy'. She says 'daddy's in the sky' and blows him a kiss.'

School knife scanners to curb attacks

Airport-style metal detectors will be installed at hundreds of school gates under sweeping measures to confront the growing problem of teenage knife crime. Their introduction at the toughest secondary schools, which the Observer newspaper reported will be announced next month by Home Secretary Jacqui Smith, forms a core element of the government's new violent crime action plan. Earlier this month a girl of 13 was stabbed in the chest and thigh shortly after finishing lessons at a London school, the latest in a spate of stabbings. The initiative will also promote increased use of detectors at entrances to shopping malls and, in a portable form, doorways to certain nightclubs and pubs. Hand-held scanners to check passers-by have already been used by police. Chris Keates, general secretary of teaching union NASUWT, said the school scanners move is in line with a proposal made to the government by her union three years ago. 'Compared with what takes place on the streets, schools remain relative safe havens of peace and security. Schools must, however, have a range of options available to them to make sure they stay that way,' she said. 'Random airport-style security checks are one such option and act as both a deterrent and detection strategy... The NASUWT supports fully schools which adopt this strategy. My only note of caution is that there must be no expectation in those schools that teachers will carry out or supervise the checks.' John Bangs of teaching union NUT said he backed the introduction of additional security measures, but only in schools where they are strictly necessary. 'It should be part of the armoury of keeping schools secure, when the head is worried about gangs outside,' he said.

Safety criticism over firefighter deaths

An investigation into a blaze which led to the deaths of four firefighters has found officers were not given enough information before attending the scene, a breach of safety laws. The Health and Safety Executive (HSE) has issued Warwickshire Fire and Rescue Service with a legally-binding improvement notice after the warehouse fire in November (Risks 331). Alan Craddock, head of operations for HSE in the Midlands, said: 'The current arrangements employed by the authority do not comply with the statutory duties to provide its firefighters with all the information they should have to assist them in making the appropriate decisions when attending a fire.' The HSE improvement notice gave the service four months to meet specified improvements , including better arrangements for providing information on aspects such as locality of an incident, particular hazards of buildings involved and where a water supply can be found. He said: 'Our investigation is not just looking at the incident in Atherstone-on-Stour, it is looking at the wider arrangements. We are not happy with current wider arrangements on their provision of information given to crews attending fires at certain premises.' Mr Craddock said the service should make an action plan for the inspection of premises which gives priority to higher risk buildings. Matt Wrack, general secretary of firefighters' union FBU, said its 'grave concerns' about firefighter safety had been ignored. 'We welcome the improvement notice, but it is a tragedy that four more young firefighters have died before such a notice was served.' The union has warned that inadequate training in basic firefighting skills has resulted in a sharp increase in fatalities.

Age effects need more attention

The relationship between work and the health of older male workers is receiving too little attention, a new report has concluded. 'Older men, work and health', a report launched this week by TAEN - The Age and Employment Network - and Help the Aged examines the role work plays in the lives and identity of men and the impact this has on their health, both in and out of work. Commenting on the report prepared by Gillian Granville and Maria Evandrou of the Centre on Ageing at the University of Southampton, TAEN chief executive Chris Ball said: 'With increased longevity and less generous pension expectations, the 'push' and 'pull' influences toward longer working lives are obvious and inescapable. The specific factors associated with men's physiology and typically male occupations underline the need to develop health, work and well-being strategies that address the needs of older men.' 'Not dead yet', a November 2006 report from Hazards magazine, warned against age-based discrimination on supposed health or safety grounds, saying: 'Improving health and longevity mean the great majority of workers have no significant health impediments to prevent work up to the age of 65 and for many, where they wish, beyond' (Risks 284). The report, which includes a safety reps' action checklist, added: 'Unions should develop policy on occupational health and safety and the ageing worker. At workplace level, older workers' health and safety should be raised at workplace health and safety committees, and should be discussed with members. Terms and conditions negotiations should consider the impact on older workers.'

£20,000 fine for crushed arm

A Dudley firm has been fined after an employee had to have his forearm amputated after is was crushed in an unsafe machine. Meridian Metal Trading Limited was fined £20,000 and ordered to pay costs of £5,824 at Wolverhampton Crown Court after pleading guilty to safety offences. Darren Nelson's right arm was crushed in a piece of moving machine, which formed part of a steel slitting line. His right arm was later amputated just below his elbow. Speaking after the case, HSE inspector Edward Fryer said: 'This machine had been newly installed following its importation from Taiwan. The machine was not CE marked and fell far short of the required safety standards. The law requires employers to provide safe plant and machinery and also to train employees in how to use equipment safely; Meridian Metal Trading Limited had failed in its duty to do this.' He added: 'The legal requirements relating to the provision and use of work equipment are well known and have been in place for many years. The safety of machinery must be assessed before it is put into use and at suitable intervals thereafter... In this case the machine was unsafe and an employee sustained a serious and life-changing injury - an injury that could have been prevented if the relevant health and safety standards had been applied.'

Baker handed injury fine

A Bolton bakery has been fined after a worker slipped and his hand was dragged into an unguarded machine. Franco's Bakery (2003) Ltd pleaded guilty at Trafford Magistrates Court to an offence under regulation 11 of the Provision and Use of Work Equipment Regulations 1998, that it failed to ensure the health, safety and welfare of an employee. The company was fined £2,750 and ordered to pay £2,550 costs. Munaf Adam was working at the bakery pouring flour into a machine, which processed dough into naan and garlic bread. Mr Adam had to stand on a metal table to reach the machine, which was seven foot off the floor. He slipped off the table, putting his hand out to break his fall, but his hand was drawn into the machine by unguarded rollers. It took colleagues 10 minutes to free him. He was taken to hospital and treated for tissue damage to three fingers. HSE inspector Alex Farnhill commented: 'When I visited the site after the incident, it was clear there were a number of unguarded machines with dangerous parts accessible to employees. It is an employer's responsibility to ensure the health, safety and welfare of employees at work by assessing the risk and ensuring the right precautions are taken, in this case that machines were adequately guarded.'

INTERNATIONAL NEWS
China: Official crackdown on work deaths

Dozens of Chinese officials are to be prosecuted or punished over fatal accidents in the workplace. Works minister Wang Wei announced that prosecutors would consider cases against 78 managers and officials, and said 105 had already been disciplined. The move comes after inquiries into five incidents where 189 people died. Senior safety official Li Yizhong said more than 100,000 people die every year in workplace incidents. 'The death toll is still too big and the occurrence of major accidents has not been effectively curbed,' he said. 'There is still uncertainty in work safety situations in some regions and industries and we also have many weaknesses and loopholes in our work.' Safety is a politically sensitive issue in China as the Beijing Olympics draw close. The 20 January edition of the Sunday Times claimed at least 10 workers have been killed while working on the Olympic stadium in the rush to complete the project. It said China had 'systematically covered up' the deaths. The paper said its estimates were drawn from dozens of interviews conducted over six months, under a guarantee of anonymity, with employees from the huge building site in a northern district of the capital. Most of the workers employed on the project are poorly educated migrant labourers from the inland provinces of China, who have scant specialist training and no experience of building on such a gigantic scale.

Europe: Working migrants at risk

Migrant workers in Europe are over-represented in unsafe, unhealthy and insecure work, according to a new European Agency for Safety and Health at Work report. 'Migrant workers are often over-represented in high-risk sectors and in the so-called 3D jobs - dirty, dangerous and demanding,' said agency director Jukka Takala. 'Their work is often characterised by uncertainty, poor working conditions and low wages. This is a serious concern all over Europe.' Its European Risk Observatory (ERO) found many migrant workers are concentrated in low-skill occupations for which they are over-qualified. It says: 'Labour market segmentation can have negative consequences in terms of lower wages, longer working hours, higher occupational instability, more physically demanding and monotonous work and more risks of accidents at work.' The agency adds: 'Migrant workers face additional health and safety risks due to their relatively short period of work in the host countries and their limited knowledge of the health and safety systems in place. They also report being subject to harassment more frequently than their native counterparts. Coupled with more unfavourable working conditions, higher rates of stress and burnout are one visible consequence.'

Mexico: Massive miner walkout for safety

Over a quarter of a million Mexican miners walked off the job last week, denouncing a government's attack on workers striking over horrendous health and safety conditions at Mexico's largest copper mine, Cananea, in the northern state of Sonora (Risks 332). On 11 January, the Mexican federal labour board (JFCA) ruled that the Cananea strike was illegal, ordering the members of the Mexican National Miners' and Metalworkers' Union (SNTMMSRM) back to work within 24 hours or face dismissal. Within hours of the ruling, a reported 700 state and federal security forces were immediately called in to evict the strikers from the mine entrances. Police and army troops opened fire on the workers with tear gas and rubber bullets. Between 20 to 40 miners were injured and several others were detained. The following day, a court granted the union a provisional injunction against the labour board ruling, allowing striking workers to remain on strike without the threat of being fired while a judge considers the appeal. The SNTMMSRM predicts it could take about six weeks for a judge to reach a decision. Some 1,500 Cananea workers have been on strike since 30 July 2007, over low wages and appalling conditions in the Grupo Mexico-owned mine. The company has failed to correct the dangerous conditions despite two investigations, the latest spelled out in damning report last week, citing more than 70 deadly health and safety hazards. 'The government's use of police and military force to break a strike is in clear conflict with the constitutional rights and international rights of Mexican workers,' said Marcello Malentacchi, general secretary of the International Metalworkers' Federation (IMF). 'This is just further evidence of the Mexican government's refusal to allow autonomous unions to operate independently and freely in Mexico.' An estimated 270,000 miners were involved in last week's walkout.

USA: The refinery that just keeps on killing

US investigators have opened a probe into the latest death at BP's Texas City refinery, the third since 15 people were killed there in a catastrophic March 2005 explosion (Risks 330). The Chemical Safety Board (CSB) inquiry will be led by Don Holmstrom, who ran the two-year probe into the blast. The Financial Times reported that the move 'signals disquiet over whether the refinery has made enough progress under Tony Hayward, BP's new chief executive.' Preliminary reports suggested a chemical explosion may have contributed to over-pressuring, leading a lid on a water vessel to rip from its bolts, causing William Gracia, a veteran BP supervisor, fatal head injuries. Ronnie Chappell of BP said the Occupational Safety and Health Administration (OSHA) had investigated the two accidents since the blast and not cited BP for safety offences. He said BP was spending hundreds of millions of dollars to meet CSB recommendations. 'This accident occurred in the context of an extraordinary work effort,' he said.

EVENTS AND COURSES
Start preparing for 28 April!

It's time to start gearing up for the biggest event on the union safety calendar, Workers' Memorial Day, on 28 April. The theme this year is 'good occupational health for all workers'. The TUC website will contain a listing of UK events. If you are organising and event - and TUC wants to see a nationwide bonanza of commemorations, activities, workplace meetings and awareness raising stunts - then make sure TUC knows about it.

TUC courses for safety reps

COURSES FOR JANUARY TO MARCH 2008

USEFUL LINKS

Newsletter (5,500 words) issued 25 Jan 2008