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Number 365 - 19 July 2008
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Risks is the TUC's weekly online bulletin for safety reps and others, read each week by over 16,000 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
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Union News
Pleural Plaques battle continues
Construction Union, UCATT, have kept up their campaign for compensation for those with the asbestos related condition, pleural plaques. Last October the Law Lords overturned over 20 years of common law and ruled that pleural plaques should no longer be a compensational illness and last Wednesday (July 9) the Government released a consultation document on the various options, including changing the law, setting up a scheme or doing nothing. UCATT said it was pleased that the Government was actively considering the issue, but they were disappointed that the document says the 'Government is not minded' to overturn the Law Lords decision. This potentially places the Government at odds with the Scottish Parliament, who have already brought forward a Bill to overturn the Law Lords judgement. In an attempt to place further pressure on the Government to overturn the Law Lords ruling, UCATT have decided to campaign in the seats of Cabinet Ministers where there is a high level of asbestos illness. On July 18 UCATT will be targeting the seats of John Hutton and also the South Shields constituency of foreign secretary David Miliband. Alan Ritchie, general secretary of UCATT, said: 'While I welcome that the Government is seriously examining this issue, it would be unfair and intolerable if pleural plaque victims north of the border received compensation, while those in England did not.'
Union says college 'insulted and degraded' staff
Teachers at the Royal National College for the Blind (RNC) say they need union protection because of aggressive management at the college. A departing member of staff, with nine years of dedicated and respected service, was told to clear her desk and be off the premises in an hour. Colleagues were kept away from her as she was escorted off the premises. Now lecturers union, the UCU, has called the college management's behaviour 'insulting and degrading' and says many teaching staff at the college are frightened to express their views and are fearful of losing their jobs. The college refuses to recognise UCU and instead operates a staff forum which it says satisfies its duties to consult with staff - but UCU say many staff are frightened to express views contrary to management plans. UCU regional official, Nick Varney, said: 'The treatment of this member of staff was insulting and degrading. Many teachers at the college have felt intimidated by the aggressive style of the college's management and feel the need for the union to be recognised so that they are properly represented and protected. Only an independent trade union can ensure this, not employer organised staff groups, as the recent events at the college confirm.'
Moving gantry breaks foot
A printer who broke a bone in his foot whilst working for packaging firm CPC King's Lynn Ltd in Norfolk has won compensation of £6,750 with the assistance of Unite the union and Thompsons Solicitors. In September 2004, Mr Michael Fincham, 63, of King's Lynn, Norfolk was working on a printing machine at the packaging company's premises in King's Lynn. He was walking along a three-level gantry alongside the machine. As Mr Fincham stepped down, the gantry moved and he fell, injuring his shoulder but more seriously breaking his left foot. 'The lower platform on the gantry wasn't secure and I lost my footing and fell heavily,' explains Mr Fincham. 'I was immediately in a lot of pain and couldn't walk. I was laid up in bed for the first week, and when eventually I did become more mobile I was on crutches for weeks and needed injections to reduce the swelling in my left leg. Since the accident, my foot has been weakened and I now walk with a permanent limp.' Tony Burke, Unite assistant general secretary, said: 'This shows the value of being in a union and illustrates the fact that Unite provides an excellent legal service to its members when they are victims of accidents. 'Unite takes health and safety very seriously in the printing and packaging industry where we have a large membership. Woe betide any company which takes a cavalier attitude to health and safety. Make no mistake, we will pursue them.' Commenting, Mr Fincham's representative at Thompsons Solicitors, Ranjit Sond, said: 'Liability was denied all along by CPC King's Lyn Ltd who appeared to take a very relaxed approach to Mr Fincham's claim. It was necessary for us to issue proceedings and it was only when the defendant instructed solicitors that my client's claim was taken seriously. An offer to settle was eventually made. This illustrates the importance of pursuing claims and issuing proceedings, especially against defendants who appear to take little interest.'
Union claims culture of fear
Engineering members have called on the union to confront 'the culture of fear' that has developed at BT/Openreach as a result of the way some failures are being automatically treated as part of the serious discipline procedure. A series of delegates told CWU Engineering Conference in Liverpool how members with 20 to 30 years of exemplary service were being hauled through the disciplinary procedure as a result of the way that managers are now interpreting the rules. Jim Robertson of the Birmingham branch claimed that the disciplinary approach was all about introducing 'a slave ship mentality at Openreach.' 'It is a culture of fear that our members have to face on a daily basis,' said Jim. Jan Zablocki of the North Midlands Branch declared that BT managers were 'at war with your own people.''BT has no confidence in its workforce, it doesn't respect its workforce,' said Jan. Steve Catterall for the Executive directed his remarks to the senior BT human resources managers sitting at the back of the conference hall. 'There has been a jump from 16 per cent to 33 per cent in disciplinaries for this type of thing. It is a disgrace, the big stick has been replaced by the iron rod,' said Steve, who believes that discretion has been taken away from line managers.
Union wins £35,000 damages after injury by crane
A screen engineer from Bradford who was injured by a crane at Chester Race Course has secured £35,000 damages. The compensation was secured with the support of his trade union BECTU. On the day of the accident, Paul Bowling, from Shipley, near Bradford in West Yorkshire, was working as a freelance screen engineer for LED Screen Hire Company at Chester racecourse. He was dismantling large video screens at the end of a race meeting. Once the screens were dismantled, the large steel structures were piled up so that they could be moved by a crane which was hired from a company called Crane Hire Direct Limited. As the crane began to move, the beam caught the perimeter fence which caused it to start swinging. Paul Bowling couldn't get out of the way in time and he was hit by the beam. Mr Bowling said: 'It was agony. I suffered serious leg injuries - including fractures to my knee and ankle. I'm so angry because it was a complete catalogue of errors. None of the usual briefings were given at the start of this job, and there was a lack of guidance from the crane driver. Also, the steel wasn't properly secured prior to being moved.' BECTU Legal Liaison Officer Andy Egan comments: 'As a result of this accident, our member Paul Bowling has been unable to return to the same level of physical activity required as a screen engineer and he has been forced to take an office based job within the same industry. Clearly checks should have been made to confirm that the crane was safe and the driver was competent. We hope that other contractors will now take note.'
Other news
Seafarers killed by failures in systems
A report by the Marine Accident Investigation Branch into the death of three seafarers who died because of a lack of oxygen in a ship's compartment concluded that "The audit regime employed by the ship's managers to ensure compliance with its SMS (safety management system) failed to detect deficiencies in training, equipment and safety culture on board Viking Islay," Finlay MacFadyen, Robert O'Brien and Robert Ebertowski were working in an enclosed space on the Viking Islay ship off the Yorkshire coast in 2007. The men, from Scotland and Poland, had failed to recognise the atmosphere would slowly become oxygen deficient. The marine accident experts added that the training and subsequent drills in the use of such devices "had not been sufficient to ensure the limitations of the equipment were recognised in an emergency". The report added: "The ship manager's company policy on entry into enclosed spaces was not clear and did not take into account scenarios that could require crews to enter confined spaces while at sea". Gas monitoring equipment supplied to the vessel was unsuitable for ensuring safe entry into enclosed spaces, the experts concluded.
Company fined after worker electrocution
A Yorkshire company has been fined following an incident in which one of its workers suffered an electrocution. During a hearing at Beverly crown court, Hogarth (Construction) was ordered to pay £4,000, plus costs of £1,616 after pleading guilty to charges under Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.The accident happened in September 2006 when employee Mark Dougherty was clearing an area of a construction site. He picked up an item he thought was rubbish but which was in fact a termination box on a live three phase 400 volt cable. As a result, he suffered burns to his hands and face. A subsequent investigation found that Hogarth had known about the existence of live underground cables at the site but had neglected to inform workers. Health and Safety Executive (HSE) inspector David Stewart said: "Mr Dougherty was extremely fortunate to only receive superficial burns. This type of incident often has fatal consequences." He said: "Nationally, there were 18 worker fatalities due to contact with electricity in 2006/7, nine of these involving workers in the construction industry."The dangers associated with live underground cables are well known and HSE guidance on how to control these risks is readily available."
International News
Micro materials could pose major health risks
Further concern has been expressed over the potential dangers posed by the rapidly expanding number of products containing nanomaterials. The warning comes from the Council of Canadian Academies in one of the most authoritative reports to date about the risks of engineered nanomaterials, which companies are adding to products ranging from sunscreens to diesel fuels. The Council cautions that the tiny substances might be able to penetrate cells and interfere with biological processes. The Council, which was asked by Health Canada and several other federal agencies to study the state of knowledge about nanomaterials and the regulatory changes needed to oversee their use, concluded that "there is inadequate data to inform quantitative risk assessments on current and emerging nanomaterials." Their small size, the report says, may allow them "to usurp traditional biological protective mechanisms" and, as a result, possibly have "enhanced toxicological effects."
Australian bosses demand lower safety standards
Australian employers are calling for a watering down of standards and enforcement regimes. Prime Minister Kevin Rudd last week signed a deal with state and territory leaders to harmonise occupational health and safety laws, but the Australian Industry Group has urged the Government to reject New South Wales's higher safety standards, which force employers to prove they are not to blame for workplace accidents. AIG will also urge the Government not to use NSW's safety standards across the country, but instead to apply Victoria's standard of doing everything "reasonably practicable" to prevent an offence. But the proposal will put employers on a collision course with unions, which want tougher obligations imposed on employers and to be able to prosecute safety breaches, as they can in NSW.
Leaked report angers Australian unions
Unions from New South Wales are incensed by a leaked report by former judge Paul Stein that supports relaxing the "absolute" duty of employers to provide health and safety at work. Mr Stein's report to the Government advocates adopting rules operating in states other than NSW and Queensland, which add that the employers' duty applies "where reasonably practicable". Only last week, federal Prime Minister Kevin Rudd with state premiers that a proposed harmonisation of OH&S laws would not involve any reduction of standards. (see above) Now unions have accused NSW Premier Morris Iemma of seeking lower occupational health and safety standards by supporting a reduction in the duty of care required of employers under a proposed new national system. Chris Christodoulou, a senior official from Unions NSW, said Mr Iemma had decided to hand the Stein report to a Rudd government panel on OH&S harmonisation without consulting unions or business. A spokeswoman for Mr Iemma confirmed the Stein report would be submitted but insisted it was "not the entire government submission", adding the Government did not totally endorse the Stein report. "The Government's position is that we do not want to see any compromise or reduction in workplace safety," she said. Unions fear any reduction in employers' absolute duty to provide care in the workplace would weaken the prospects of successfully prosecuting employers for breaching safety laws in cases of death and serious injury. Another issue worrying unions is the Stein report's recommendation that restrictions be placed on their entry to workplaces to ensure employers are not "hindered". Some parts of the Stein report drew unions' support, including recommendations that they retain a right to run prosecutions and that industrial manslaughter laws remain in place.
Japanese man worked to death
A Japanese labor bureau has ruled that one of Toyota's top car engineers died from working too many hours. This is the latest such finding in Japan. Last year, a court in central Japan ordered the government to pay compensation to Hiroko Uchino, the wife of a Toyota employee who collapsed at work and died at age 30 in 2002. She took the case to court after her application to the local labor bureau for compensation was rejected. The man who died was aged 45 and had been under severe pressure at work, said In the two months up to his death, the man averaged more than 80 hours of overtime per month, according to the lawyer representing his wife He regularly worked nights and weekends, was frequently sent abroad and was grappling with shipping a model for the pivotal North American International Auto Show in Detroit when he died of ischemic heart disease in January 2006. The man's daughter found his body at their home the day before he was to leave for the United States. The ruling will allow his family to collect benefits from his work insurance. Deaths from overwork, known as "karoshi, have steadily increased since the Health Ministry first recognized the phenomenon in 1987. (Risks 114 http://www.hazards.org/workedtodeath/)
New Canadian Migrants more at risk
Recent migrant workers in Canada not only have poorer job situations than Canadian-born workers, but immigrant men are also twice as likely to sustain workplace injuries that require medical care compared with men born in Canada. The Institute for Work & Health (IWH) has released a report, published this month in the journal Occupational and Environmental Medicine, which looked at work-related injuries in immigrants. The researchers analyzed information from more than 97,000 workers who took part in the Canadian Community Health Survey in 2003 and 2005. This study shows that new immigrant men report a high rate of medically-treated injuries due to work. One explanation might be that new immigrants have more severe work injuries, possibly because they work in more hazardous settings, suggest the report's authors. More information on immigrants' work hazards and injury risks is needed to confirm this explanation. 'It is surprising that we know so little about this issue, given that immigrants will account for all labour force growth in Canada over the next five to six years,' says Peter Smith, one of the authors. He added 'Currently, provincial workers' compensation agencies don't collect information on the immigrant status of injured workers, and the surveys we looked at were not designed specifically to answer these questions.' A second study compared work conditions and injury rates between immigrants and workers born in Canada. It showed that Immigrants with five or fewer years in Canada are more likely to have higher qualifications than their jobs require, to have physically demanding jobs, and to work fewer hours than they want to. New immigrants are also less likely to have supervisory responsibilities, to be unionized or to have access to employment benefits.
Resources
Reproductive hazards
The ETUI, the research agency of the European Trades Union Congress has published a booklet which aims to help improve awareness of work-related reproductive hazards. They are a vast and complex mix of varied kinds running from chemicals, through ionizing radiation, vibration, heat, biological agents to stress and more. They also have a wide variety of effects, including male and female infertility, miscarriages, birth defects, impaired child development and others. And they receive scant attention. The booklet reviews and gives a broad-brush picture of the available knowledge for a general readership. Although it deals in most detail with chemicals, it also provides relevant information on other reproductive risks.
Events and Courses
Eradicating Workplace Bullying Conference, 15th November
The UK National Work Stress Network Annual Conference is holding a conference on Eradicating Workplace Bullying, including Cyber-Bullying at the Hillscourt Conference Centre, nr Birmingham on Saturday November 15th and Sunday November 16th 2008.
TUC courses for safety reps
COURSES FOR APRIL TO JULY 2008
Useful Links
- Visit the TUC 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.
Newsletter (3,500 words) issued 18 Jul 2008
