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Risks Newsletter
Number 341 - 02 February 2008
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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 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.
HAZARDS AT WORK UNION NEWS- Mini cab deaths running at one a month
- Asbestos sufferers in pleural plaques protest
- Call for vigilance after site death no.50
- Strain injury leads to forced retirement
- Engineer ousted after rupturing bicep
- Six figure miner payout but no job
- RMT victory on rail assault pay
- Man loses fingers and wins compensation
- Damaged machine wrecks hand
- Firm fined for crushed legs
- Forklift injury costs company
- Food firm ignored manual handling risks
- Warning over work with animals
- Purnell is the new work secretary
- Australia: Union action call on death figures
- Europe: More hit by psychosocial risks
- USA: Watchdog neglects to fine danger mines
HAZARDS AT WORK
Best... resource... ever
TUC's soaraway best seller 'Hazards at Work' has now got an online companion. For the first time a sizeable chunk of the guide will be available on the web. Since it was first published 25 years ago, the guide has proved an invaluable resource for union safety representatives. The 352 page softback publication contains chapters on safety law and on the positive impact unions can have on health and safety at work. It also sets out how union reps can tackle the hazards they encounter in the workplace. Now an entire section - 31 chapters - dealing with individual hazards such as asbestos, asthma, bullying, chemicals and dust, and drugs and alcohol has been made available on the TUC website. The detailed guide to hazards includes extensive checklists, case studies and web resources. TUC general secretary Brendan Barber commented: 'This is a new departure by the TUC and will mean that every safety representative or worker with internet access will be able to get instant information on a wide range of issues, including advice on the law and checklists on how to deal with the problem they face.' He added: 'The changing nature of work presents us with new dangers and challenges. Good health and safety practice is about organisation as much as regulation, and this book will be a huge weapon in union safety reps' fight for higher standards.'
- TUC news release. Hazards at Work - the online hazards guide - click on the relevant subject heading on the TUC health and safety webpages.
- The full print version of Hazards at Work can be ordered from TUC Publications on 0207 467 1294 or online, price £18 to TUC member unions, £30 for voluntary and not-for-profit organisations and £45 to other organisations. Discounts are available for multiple copies ordered.
UNION NEWS
Mini cab deaths running at one a month
Nine mini cab drivers have been killed by passengers in the last nine months, according to the union GMB. The union says additional safety measures are needed after its research uncovered 45 serious attacks since April 2007. It is planning a lobby at the Department for Transport to step up the campaign for CCTV cameras to be in stalled in all mini cabs. GMB says the introduction of CCTV cameras in mini cabs in Sheffield has led to a 72 per cent reduction in attacks on drivers. Bradford Council allows advertising on cabs for the sole purpose of funding the cameras. The 45 serious assaults included attacks with knives, guns, hammers, screwdrivers and fists, with the information collated by the GMB Professional Driver Branch from press reports. Branch secretary Terence Flanagan said the drivers' branch 'has decided that immediate action must be taken as a result of the severe risks to their lives and limbs those GMB members who drive mini cabs face on a daily basis.' The lobby of the Department for Transport on Workers' Memorial Day, 28 April, will include a call for public authorities to ensure 'funds are available via tax incentives and other methods to enable CCTV to be fitted in all licensed mini cabs and that shields are placed between the driver and the passengers as already happens on black cabs and buses. In addition GMB want mini cab firms to provide coaching and real training in how to spot trouble in advance and to deal with it when it occurs.' Mr Flanagan added: 'The installation of CCTV will have the added benefit of protecting passengers such as women travelling on their own who have themselves been subject to attacks by illegal unlicensed drivers.'
Asbestos sufferers in pleural plaques protest
Trade unionists and asbestos support groups from across the country have called for compensation for asbestos related pleural plaques to be reinstated. A 29 January lobby of parliament set out to convince the government the October 2007 decision by the Law Lords to stop payouts must be overturned (Risks 328). The Scottish government has already said it will introduce legislation to reverse the decision (Risks 335). The campaigners argue that while workers with pleural plaques do not suffer physical symptoms - the Law Lords ruled it was not a disease - they are more likely to develop asbestos-related cancers in later life. Laggers' union GMB said 30 per cent of its members diagnosed with pleural plaques go on to develop the incurable asbestos cancer mesothelioma. Speaking last week ahead of the demonstration, UCATT general secretary Alan Ritchie said: 'The Law Lords decision was wrong and is a major injustice for thousands of workers. Urgent legislation is essential to compensate workers who through no fault of their own have had their health damaged.' Writing in the Tribune newspaper, GMB political officer Steve Kemp said: 'The only winners... in the pleural plaques case were the insurers who could save as much £1.4 billion as a result of the decision... It placed the business interests of a wealthy industry ahead of the suffering of ordinary working men and women.' GMB national health and safety officer John McClean said: 'GMB believe pleural plaques to be a disease and medical textbooks describe them as such. The law has always accepted that scar tissue on the outside of the body is an injury so we believe that scar tissue on the inside of the body to be an injury. Scarring is an injury wherever it occurs. People with pleural plaques suffer with stress and the fear of death all their lives - fearing that plural plaques could develop into mesothelioma.'
Call for vigilance after site death no.50
Construction union UCATT has called for building bosses to prioritise safety on sites, following the death last week of a construction worker in Swansea - though to be the 50th worker to die since April last year. The man, who was working at a luxury flats development on a Carillion site at Swansea Marina, fell from scaffolding on 22 January. Despite emergency treatment he died in hospital four days later. Nick Blundell, UCATT regional secretary for the Wales and South West, said: 'This latest death underlines the dangerous nature of construction. While it is almost impossible to make the industry entirely safe, construction employers in general could be doing far more to make sites safer.' UCATT says last year's sharp rise in construction deaths is linked to factors including cuts in the Health and Safety Executive (HSE), which has reduced the number of inspections and prosecutions, the increasingly casualised nature of the industry, which has reduced effective safety training of workers, and an in increase in construction work, which has created additional time pressures. HSE is leading a joint inquiry with the police into the Swansea death. Carillion sent its condolences to the family of the dead man. A spokesperson said: 'The construction site was closed yesterday as a mark of respect.'
Strain injury leads to forced retirement
A factory worker from Port Talbot who was medically retired after suffering a repetitive strain injury (RSI) has received almost £17,000 in compensation. Unite member Barbara Newall, 48, worked as an accessory operator for Orion Electric UK Ltd. Her job was to bag the accessories that accompanied a DVD player; this included a remote control, a battery pack, an RF cable and, in some cases, an additional RF lead. She would pack approximately 4,500 bags per day. Thompsons Solicitors, acting for Mrs Newall on behalf of the union, argued the work system, work pace and lack of breaks led to her medical retirement. Mrs Newall said: 'When I worked at Orion there was no rotation of work and no rests from the continuous process other than the official breaks. All our time was spent at our work stations doing the same repetitive job. The condition of my right hand and wrist eventually became so bad that I couldn't continue working. Sadly the symptoms I've developed as a result have made it very difficult for me to cope around the home, for example ironing and dressing and undressing.' She's had one operation and is awaiting another. Andy Richards, Wales Unite regional secretary said: 'Her employer ignored her complaints of ill-health and continued to set very tough targets for the production line without adequate breaks. She has now been medically retired at just 48 and faces an uncertain future.'
- Thompsons Solicitors new release.
- RSI Action Day, Friday 29 February: Unions can order a special 'Repeat after me' RSI day poster from the Hazards Campaign. 'Repeat after me' poster. Email the Hazards Campaign for poster order details.
Engineer ousted after rupturing bicep
An engineer from Cumbria who rupturing the bicep in his right arm at work has received compensation, but has lost the job he loved. Unite member Geoffrey Loftus, 63, secured £95,000 compensation after being forced to retire on medical grounds as a result of the injury, sustained as the blow moulding engineer tightened a bolt. He has been unable to obtain alternative employment. The case was settled out of court just one week before it was due to go to trial. Mr Loftus explained: 'I was very sad when they terminated my employment on the grounds of ill-health. I have been a loyal worker for many years and losing my job was a terrible blow. If they had offered me a lighter job in one of the Barrow in Furness factories, I would have taken it but they didn't. Despite numerous job applications and signing up to computer courses, I've had no luck getting another job. I got very despondent because as soon as you even speak to someone and you say that you're over 60 they tend not be interested.' Unite regional secretary Laurence Faircloth said: 'Our member Mr Loftus deserves every penny of his compensation. Not long after his accident he signed himself fit and tried to return to work early as he loved his job but was sent home by his employers. As a result of their negligence, he is now struggling to get a job despite weekly visits to the job centre and his ongoing efforts to retrain.'
Six figure miner payout but no job
Negligence at a Welsh mine has led to a £105,000 pay out for a collier who had to be medically retired after a falling stone broke a vertebrae in his neck. NUM member Alun Finney, 55, worked as a collier for Energybuild Limited at their Aberpergwm Colliery. The union argued that because the colliery failed to ensure the exposed coal face was properly supported before boring, Mr Finney was struck by a falling stone on the back of the head and sustained a fractured vertebra in his cervical spine. Mr Finney said: 'As I bent down to pick up the drill bit off the floor, a large piece of stone fell, striking me on the back of my neck. I was wearing my miner's cap at the time. My body immediately felt numb; I had no sensation and I couldn't move. I was taken to hospital and told I'd broken a vertebra. Since then I've suffered ongoing pain and stiffness in my back and neck, as well as headaches, blurred vision and flashbacks to the accident.' His contract was terminated and he says a job search has been unsuccessful because of his age and the injury. Wayne Thomas, the general secretary of NUM South Wales, said: 'Had it not been for the accident at work, our member Alun Finney would have continued to work in the mining industry until the normal retirement age of 65 years. Instead, he now faces over 10 years of uncertainty. We hope this serves as a warning to other employers to ensure that the correct health and safety procedures are in place.'
RMT victory on rail assault pay
A Northern Rail policy which would have reduced pay to many to workers injured in violent workplace attacks has been withdrawn. The move came after pressure from rail union RMT, which said the policy would have meant victims of assault who had not suffered 'severe physical injury' would lose money if they needed time off work (Risks 340). MPs had expressed support for the union in an early day motion. At a 25 January meeting with union reps, the company agreed to withdraw the disputed document pending full discussions on the issue. 'This is the commonsense approach we have sought from the start," RMT general secretary Bob Crow said. 'Our members had made it quite clear that the policy change was unacceptable, and the company has now agreed to withdraw it pending proper talks on the issue. I hope that we can now move forward with Northern and start to deal effectively with the root of the problem, which is that the men and women who operate Northern's services need better protection from assaults and abuse - and proper support if they become victims.'
OTHER NEWS
Man loses fingers and wins compensation
A Coventry man whose hand was crushed in an inadequately guarded machine has been awarded more than £40,000 in damages. Parlvin Moyo, 37, who had to have two fingers amputated as a result of his injuries, was employed as a machine operative for Hydro Aluminium Extrusion Ltd in Warwick. He was working on a milling machine used to cut and grind metal components. As he removed one of the milled components his glove was caught by the rotary cutter and grinder and his right hand was pulled into the machine. The hand was severely crushed and Mr Moyo's index and middle fingers were so badly damaged they had to be amputated. The firm had failed to fit an adequate safety guard and had failed to properly train Mr Moyo in using the machine. His employers, Hydro Aluminium Extrusion Ltd, a subsidiary of Norsk Hydro UK Ltd, agreed an out of court settlement of £42,500. Keri Bowyer of law firm Irwin Mitchell, who represented Mr Moyo, said: 'Whilst I am pleased that we have brought a successful claim for Mr Moyo, this is an accident that could easily have been avoided if his employers had taken simple steps to ensure his safety at work.' She added: 'In this particular case, one straightforward, avoidable error has unfortunately had serious consequences for my client and although he is determined to move on with his life, he will nevertheless always carry the scars of what happened.'
Damaged machine wrecks hand
A major utilities company has been prosecuted for safety breaches that cost a worker four fingers and part of his palm. Severn Trent Water Ltd was fined £19,750 and ordered to pay £6,730 costs by Nottingham Magistrates Court after pleading guilty to safety offences. Dennis Hawksworth, 61, was trying to unblock a machine used for removing debris from sludge at Toton Sewage Treatment Works in Nottinghamshire, when his left hand became caught in the machinery. The interlock on the machine's lid was damaged, leaving the dangerous parts in the machine unguarded. Health and Safety Executive inspector David Butter said: 'This was an entirely avoidable accident which resulted in a man losing four fingers. Injuries from poorly-maintained equipment remain a significant and regular problem nationwide and companies must ensure that equipment is regularly inspected and maintained so workers aren't exposed to this kind of risk.'
Firm fined for crushed legs
A worker was left with 15 breaks to his legs when he was crushed by a mechanical hammer weighing over half a tonne. Forge worker William 'Billy' Heslop, 60, was seriously injured when the machine shattered leaving him with 10 compound fractures in his right leg and five to his left leg and ankle. Hartlepool firm Caparo Engineering, trading as Clydesdale Forge company, was fined £14,000 and ordered to pay £4,989 in costs after pleading guilty to breaching health and safety regulations. Following the incident, Mr Heslop quickly sunk into depression after being told by doctors that he might lose his leg. He spent three months bedridden and a further four months unable to move properly. Even now, 16 months after the incident, he faces the prospect of having his right leg rebuilt by surgeons, as the bones have not healed. 'I don't know whether I will be able to go back to work,' he said. 'I feel annoyed towards the company because as it's been said, it could have been prevented.' Dr David Shallow, prosecuting for the Health and Safety Executive, told the court that a 'catastrophic disintegration' of the machinery caused the incident. It happened after a counterbalance came loose and 'flew out' leaving the shattered casing on the factory floor. The court heard Mr Heslop had already received interim compensation payments and that a full settlement would be made at a later date.
Forklift injury costs company
A Hampshire company has been told to pay more almost £37,000 in fines and costs after an employee was hit by a forklift truck and left disabled. Lee McMahon suffered a crushed heel and other injuries in the incident. He is now in continuous pain and has to use a wheelchair. Mr McMahon was working at Harris Transport Limited in Totton when the incident occurred. Company director George Harris appeared last week at New Forest Magistrates' Court and admitted three offences under health and safety laws. The company failed to provide sufficient lighting in the workplace, failed to sufficiently assess risks to employees and failed to ensure the safety of an employee. Raymond Kelly, prosecuting, said Mr McMahon was working in the loading area when he was struck from behind by the forklift. Mr Kelly said the lights on the vehicle were defective, which meant the light level was 'appallingly low.' The company was fined a total of £28,000 for the three offences and was also ordered to pay costs totalling £8,986.
Food firm ignored manual handling risks
The Health and Safety Executive (HSE) is reminding companies of their legal duties on manual handling after an employee was injured when a 50kg sack of basmati rice fell on his neck. East End Foods plc pleaded guilty last week to safety offences and was fined £25,000 with £28,000 costs. Wolverhampton Crown Court heard an HSE investigation into the injury in June 2006 discovered large consignments of 50kg sacks of basmati rice were routinely being offloaded manually from containers without the use of any mechanical aids. The firm had received a December 2002 improvement notice from HSE, for failure to carry out satisfactory risk assessments for manual handling work. HSE's latest probe found in a typical six-month period, from January 2006 to June 2006, 1,700 tonnes or rice had been delivered that required offloading manually. It said East End Foods plc had failed to heed advice given by both HSE in 2002 and the company's own health and safety consultant in 2005. Speaking after the case, HSE inspector Judith Lloyd said: 'In the food and drink industry, 30 per cent of all acute injuries result from bad practice in manual handling. Stacking and de-stacking sacks, boxes and crates are amongst the top five causes of manual handling injuries in the food and drink industry. Studies have shown that three quarters of these injuries are preventable - that's why the HSE is vigilant in ensuring employers follow the rules and regulations set out for their industry.'
Warning over work with animals
People working with animals need to remain alert to the dangers and must receive adequate training and supervision, safety professionals' organisation IOSH has said. The call came after figures showed the number of workers killed by animals almost trebled last year. The Health and Safety Executive's (HSE) 2006/07 fatal injuries statistics record 11 workers were killed by animals last year, an increase on the average four deaths per year throughout the previous 10 years. IOSH president Ray Hurst said: 'People who work with animals need to be aware of the risks and do all they can to protect themselves and others. Animals can react in unexpected and violent ways to what they see as provocation or invasion of their territory. The key is to assess the risks and to prepare in advance for possible problems. For example, farmers know there's a chance a bull might get into a rage and need to look at sensible ways they can protect themselves, their staff and the public.' He added: 'People will always want to work with animals, but that doesn't mean you can let them take unnecessary risks with their own safety. Each killing is a tragedy for the individual concerned, but will also have a terrible affect on their family, friends and work colleagues.'
Purnell is the new work secretary
James Purnell is the new secretary of state for work and pensions following the resignation of Peter Hain. Mr Purnell, 37, had been culture secretary since Gordon Brown became prime minister in June last year. Lord McKenzie of Luton remains parliamentary under secretary in the Lords, and health and safety minister. Stephen Timms becomes the new minister of state for employment and welfare reform. Safety professionals' organisation IOSH called on the new secretary of state to make health and safety a top priority and to honour commitments made by his predecessor. IOSH president Ray Hurst said: 'We hope that with Mr Purnell coming in there will be renewed focus, vigour and support at the DWP, for tackling health and safety issues in the UK. One of the first challenges he needs to get his teeth into is to ensure that there is adequate funding provided to the Health and Safety Executive (HSE) so that they are able to fulfil their statutory duties to provide appropriate enforcement and advice on health and safety.' And John Lacey, chair of the IOSH construction group, said Mr Purnell must honour the promises made on construction safety by his predecessor Peter Hain. He said: 'Peter Hain gave a commitment at his September Construction Forum to 'halting the recent surge in construction deaths' and to give construction workers the protection they deserve. We hope that Mr Purnell will follow through on this promise, and do everything in his power to stop the alarming rise in construction fatalities.'
- DWP news release. IOSH news releases on safety focus and construction. BBC News Online.
And the winner is... Hazards
The team that brings you TUC's Risks each week has just scooped a Workworld Media Award for journalism. The Hazards magazine team received the award, the highest accolade for workplace journalism, for its online coverage. Hazards received the honour from the Work Foundation for an unprecedented second straight year. It beat the BBC and a record field of entries. Presenting the award last week at a ceremony at Bafta, Baroness Denise Kingsmill said: 'For the second year running, the judges decided to give the award to Hazards for its use of the medium, its depth and seriousness, and its spiky determination to campaign for those at the rough end of working life.' Other winners this year included BBC business editor Robert Peston, Daily Mail city editor Alex Brummer, and journalists from the Economist, the Observer, the Financial Times and the Guardian. TUC head of safety Hugh Robertson congratulated the Hazards team. He said: 'Hazards combines high quality news and exclusive features with practical resources and an insatiable appetite for workplace health and safety campaigning. It exposes consistently the wrong-doers and provides unions with the tools to put things right. To again beat some of the best resourced news organisations in the world is a phenomenon feat.'
INTERNATIONAL NEWS
Australia: Union action call on death figures
Figures revealing Australia's worsening workplace death toll highlight the need for urgent action, the country's top union body ACTU has said. A report this week from the Australian Safety Compensation Council shows 162 people died in workplaces in the year July 2006 to June 2007, an increase from 157 the previous year. ACTU president Sharan Burrow said: 'The rise in workplace deaths is totally unacceptable and requires urgent action. Every Australian must feel confident they can go to work and come home safe and sound at the end of the day. This report shows that too many Australian families are losing loved ones because of dangerous and unsafe workplaces.' She said the industrial relations policies of the recently ousted Liberal government had 'no doubt... made our workplaces left safe.' She said: 'The Howard government limited unions' ability to enter workplaces, making it difficult for unions to help protect workers' rights and check the safety of their workplaces.' She added that its repressive industrial relations (IR) laws 'also took away protections from being sacked unfairly, making it more difficult for workers to complain about health and safety issues. The IR laws gave employers the power to get rid of occupational health and safety (OHS) representatives and to dismiss workers who spoke out in the workplace.' The union leader concluded: 'The ACTU calls on state and federal governments to take action to reduce the number of workplace deaths by making the issue of occupational health and safety a priority,' adding: 'We urge the government to ensure workers can meet union representatives in their workplace and that OHS representatives are better able to fix health and safety problems.'
- ACTU news release. Sydney Morning Herald. ASSC statistics [pdf].
Europe: More hit by psychosocial risks
New forms of employment contracts, job insecurity, work intensification, high emotional demands, violence at work and a poor work-life balance are taking a heavy toll on an increasing number of Europe's workers, according to a new report. Jukka Takala, director of The European Agency for Safety and Health at Work (EU-OSHA) said: 'Working life in Europe is changing at an ever-increasing speed. Job insecurity, multiple jobs or high work intensity can all lead to work-related stress and put workers' health in danger.' He added: 'Constant monitoring and improving of psychosocial work environments are necessary to create quality jobs and retain workers in good condition.' His agency ranks work-related stress as one of the biggest occupational safety and health challenges faced in Europe. It adds that the number of people suffering from stress-related conditions caused or made worse by work is likely to increase. The emerging psychosocial risks are spelled out in an expert forecast from the agency's European Risk Observatory (ERO).
- EU-OSHA news release and factsheet on emerging psychosocial risks. Expert forecast on emerging psychosocial risks related to occupational safety and health.
USA: Watchdog neglects to fine danger mines
US federal regulators have allowed mine operators to avoid fines for thousands of health and safety citations, despite a federal law that requires monetary penalties for such violations, government officials have confirmed. A report in the Charleston Gazette says over the last six years, the Department of Labor's Mine Safety and Health Administration did not assess civil penalties for about 4,000 violations, according to preliminary MSHA data. Most of the violations involve situations where MSHA did not assess monetary penalties within 18 months of issuing a citation. Agency officials believe that is the legal time limit for doing so. MSHA officials emphasised that less than one per cent of all violations cited by agency inspectors were involved, and said steps are being taken to fix the problem. But at least one of the citations involves a violation that MSHA inspectors concluded was partly responsible for the December 2005 death of an underground miner in Kentucky. The cases involved death of Bud Morris at H&D Mining's Mine No. 3 in Harlan County. He bled to death on 30 December 2005 after his legs were severed when a loaded coal car rammed him. MSHA cited H&D Mining, stating 'this injury became a fatality because basic first-aid was not properly performed prior to the injured employee being transported.' The citation added: 'H&D's failure to conduct the required select supervisor first-aid training contributed to the victim not receiving the proper first-aid at the mine.' However, MSHA records indicate H&D Mining had never been fined for this citation. Tony Oppegard, a lawyer for Morris' widow, Stella Morris, said: 'To think that you can have a fatality like what occurred in Bud's case that is not addressed by the agency is going to be troubling to the family.'
EVENTS AND COURSES
TUC courses for safety reps
COURSES FOR JANUARY TO MARCH 2008
USEFUL LINKS
- Visit the TUC http://www.tuc.org.uk/h_and_s/ website pages on health and safety. See what's on offer from TUC Publications and What's On in health and safety.
- Subscribe to Hazards magazine, supported by the TUC as a key source of information for union safety reps.
- What's new in the HSC/E and the European Agency.
- HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA. Tel: 01787 881165; fax: 01787 313995
Newsletter (5,200 words) issued 1 Feb 2008