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Number 392 - 7 February 2009
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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
Editor: Rory O'Neill of Hazards magazine. Comments to the TUC at healthandsafety@tuc.org.uk
Union News
Directors' duties code a 'complete failure'
A voluntary safety code for company directors has been dismissed as a 'complete failure' by UCATT, after official research found threequarters of business leaders were unaware of its existence. The construction union is now calling for the swift introduction of statutory directors' duties. It says the voluntary code published by the Health and Safety Executive (HSE) and the Institute of Directors (IoD) in October 2007 had been revealed as a flop by the research, commissioned by HSE itself. UCATT said the survey for HSE found only a 'humiliating' 33 per cent of construction companies were 'aware of the code.' It added that the survey excluded the 130,000 construction companies with fewer than five employees - and these firms employ about half the entire construction workforce. Databuild, the research organisation that undertook the survey for HSE, 'did not even record if companies had adopted the voluntary code. UCATT believes this was deliberate as it was likely to show that as the vast majority did not know of the Code's existence, it was likely that just a tiny fraction have moved to voluntarily adopt it,' the union said. UCATT general secretary Alan Ritchie commented: 'The introduction of statutory directors' duties would help to make industries like construction safer almost overnight.' He added: 'It is very difficult to retain faith in an organisation that continually distorts vital information. I urge the HSE to start telling the truth. Accept the voluntary code hasn't worked, doesn't work and will never work and join with the union movement in campaigning for the introduction of statutory directors' duties.' Overall, the HSE research, which surveyed directors of 1,600 firms with over five employees, found only a quarter (25 per cent) of businesses knew of the HSE/IOD directors' duties code. A low key press release on the survey findings came out three days before Christmas. An HSE spokesperson said it was 'pleasing' a quarter of firms knew about the code.
- UCATT news release. HSE news release. Leading health and safety at work, ING417, HSE [pdf].
Action on nuke inspector recruitment crisis
Measures to stem the crisis in recruitment of nuclear inspectors have been welcomed by Prospect, the union representing 15,000 engineers and scientists in the nuclear industry. Numbers of operation frontline safety inspectors in the nuclear industry fell by 16 per cent in the four years to April 2008, according to figures obtained by Hazards magazine. Now a top government adviser has recommended a marked improvement in pay and conditions in a bid to address the recruitment and retention crisis. Commenting on the Stone Review of the Nuclear Regulatory Regime, Prospect negotiator Mike Macdonald said: 'We are delighted that the government's nuclear policy adviser has recognised the scale of the staffing problem and welcome his recommendations, in particular that pay and compensation for Nuclear Installations Inspectorate [NII] staff should be adjusted rapidly to enable recruitment of the full complement of staff needed.' He added: 'The NII has 170 inspectors and needs an additional 20 for current work, as well as 30 more to meet nuclear new build needs. Also 50 inspectors are due to retire in the next five years. Tim Stone's findings vindicate Prospect's long and determined campaign for change.' Mr Macdonald said pay negotiations with the Health and Safety Executive (HSE) - NII is a part of HSE - are expected to be completed by 11 February. The union also welcomed the proposed changes to the Directorate's structure, including the creation of satellite NII offices in London and Cheltenham, alongside the HSE's Bootle headquarters.
- Prospect news release. BERR consultation webpage.
- Where is the justice?, Hazards magazine, No.104, October-December 2008.
Anger at 'massive attack' by Northern Rail
More than 2,200 RMT members at Northern Rail are to be balloted for strike action over a 'comprehensive breakdown' in industrial relations. RMT called the vote last week in response to the company's bid to dock payments to staff assaulted on duty, the victimisation of union reps, breaches of disciplinary procedures, imposition of new conditions, broken promises on train crewing and breaches of promotion and transfer agreements. 'Industrial relations at Northern have plummeted to a new low, and our members are telling us that the company's aggression must be challenged,' RMT general secretary Bob Crow said. 'It is only a year since Northern told us it was withdrawing its heartless attempt to dock the pay of staff who had to take time off work after being assaulted, but it has become clear that local managers have been given the nod to continue doing it.' The union leader added: 'In the last three months the company has fired two union reps for alleged breaches of conditions that have been imposed without agreement, and cynically manipulated its own disciplinary procedures in the process.' Mr Crow said: 'Penalising assault victims, victimising union reps, imposing new policies and ignoring established procedures add up to massive attack on Northern's own staff, and we will be urging our members to return a decisive mandate for action.'
Tube driver gets bomb trauma payout
A London Underground driver has been awarded more than £4,000 compensation for the psychological trauma he suffered following the July 2005 attack on the tube network. Stuart Bell, 57, was driving a Piccadilly line train on 7 July when four bombs exploded on three trains and a bus, killing 52 people and all four suicide bombers. He drove to Russell Square station where he helped passengers injured by the bomb on a train between Russell Square and King's Cross station. Initially, he was denied compensation by the Criminal Injuries Compensation Association (CICA), but challenged that decision. It was only after Mr Bell's union RMT reviewed the decision that he was offered CICA's minimum award of just £1,000. Following an appeal CICA eventually awarded Mr Bell £4,400. The dad of four said: 'I was off work for 11 months afterwards. I couldn't believe it when CICA said that because I was not at reasonable fear of immediate physical harm I was not entitled to compensation. I may not have sustained a physical injury but mentally the events of that day will never leave me. We had no idea how many bombs there were and now it is a constant fear while driving in the underground.' He added: 'Compensation will not make up for what happened on that day. I believe the way compensation is paid through CICA should be reviewed.' RMT general secretary Bob Crow said: 'The CICA's approach to this case was extremely unsympathetic. Mr Bell had to wait almost three years to get this result. Without the support of his union he would never have challenged CICA's first decision to deny him compensation or their first offer of £1,000.' Andrew Hutson from Thompsons Solicitors has dealt with more than 25 CICA London bombings claims for the RMT. He said Mr Bell 'may not have been injured in the blasts himself but as a result of his actions he suffered Post Traumatic Stress Disorder and was on sick leave for 11 months. It is only right that he is compensated on the same level as someone who was physically injured by the bombings.'
Broken knee victory for rail worker
A Wolverhampton railway worker who broke his knee when trying to undertake emergency track repairs has received £20,000 in compensation - but only after turning to union solicitors for help. Edlin Linton, 54, had previously been advised by another law firm that he didn't have a case for compensation. Mr Linton decided to contact his union, RMT, for a second opinion. The union's legal advisers found there was a clear case for compensation. Thompsons Solicitors, the law firm acting on behalf of Mr Linton for the union, took the view that Network Rail had been negligent. While standing on the wagon to unload rails needed for the repair, he slipped and fell backwards off the wagon. His right foot was caught among the rails and as a result he broke his knee. Although Mr Linton was working on a raised platform there was no side protection, no safety policy and no adequate risk assessment had been undertaken. Mr Linton said: 'It was agonising when I broke my knee and I had to take six months off work. I felt it was important to claim compensation because I had missed so much work and it was such a nasty break.' RMT general secretary Bob Crow said: 'Mr Linton was working on a raised platform with no side protection and using a bar as a lever where there would always have been the chance of a slip, loss of control or fall. There ought to have been a sound safety policy in place to reduce or eliminate those risks. Additionally an appropriate risk assessment ought to have been undertaken prior to the accident. Members of the RMT are able to use our legal services for free and this case highlights the expertise and experience that those solicitors have.'
Firefighter gets criminal injury cash
A firefighter who was attacked by a group of youths while attending a blaze has been awarded compensation. Peter Woodhead, 41, was awarded the money by the Criminal Injuries Compensation Association (CICA) after his elbow was broken in the attack. The FBU member was on one of two fire appliances attending a house fire in Stockton in May 2008. Three firefighters were attacked by a group of 15 youths, some said to be wielding fence posts. Mr Woodhead said: 'We arrived at the address to help put out a fire but instead we were met by youths giving us verbal abuse and trying to steal our equipment. When one of the firefighters chased after a youth who had stolen a box of smoke alarms, a defibrillator and first aid equipment he was surrounded by about 15 youths, some with fence posts. I was the last person to arrive to help at the scene and I was hit twice by one of the youths.' FBU spokesperson Duncan Milligan said: 'Attacks on fire crews continue to be a significant hazard in the fire service. The consequences can be grave for the fire crews and emergency fire control staff involved. Physical injury is an obvious danger but the threat of attack or persistent verbal abuse can demoralise, cause anxiety and increase stress.' Two 20-year-old men pleaded guilty to stealing a box of smoke alarms and two 14-year-old girls admitted affray at Teesside Crown Court in connection with the incident.
Machine fitter loses hearing, wins payout
A Unite member who was exposed to dangerous levels of noise in the workplace has received a £5,500 payout. The 50-year-old from Worksop, whose name has not been released, had worked for Dormer Tools as a machine fitter for over 20 years. The factory floor was a noisy but he was never given instruction or advice on the dangers of excessive noise. Dormer Tools admitted liability and a settlement was agreed out of court. Adrian Axtell, Unite's regional secretary for the East Midlands, said: 'Many of our members have been negligently exposed to excessive levels of noise in the workplace by their employers, particularly those working on the highways or in manufacturing. Sadly even with the knowledge and the safety equipment available it continues today. It is only right that those deafened through their employer's negligence should be compensated for the long term damage to their hearing.' Carol Wild from Thompsons Solicitors, who acted for the Unite member, added: 'Loss of hearing is often seen as a hazard of the job and many employees do not think of claiming compensation. However, employers have a duty of care to ensure their employees are safeguarded against all dangers at work - including excessive noise levels. Not providing adequate protection against excess noise is negligent and workers affected have a right to claim compensation.'
Are you too hot at work?
The TUC is stepping up its campaign for a regulation setting a maximum temperature at work. But the union body needs hard information to back its case. According to TUC head of safety Hugh Robertson, there are three key ways your information can help. 'Firstly any examples of where health or safety has been compromised by heat in an indoor setting. Secondly details of any union campaigns on the issue. Finally any examples of successful changes brought about as a result of union action.' He added: 'I would particularly welcome any information on examples of where workers health has been harmed by excessive temperatures'. The TUC will submit its dossier to HSE.
- Send information to Hugh Robertson at TUC.
Other news
More flak for site deaths inquiry
The government's inquiry into construction site deaths has been criticised by a top parliamentary committee after it was revealed a large part of the evidence to be considered would be hand-picked by the Health and Safety Executive (HSE). The Department for Work and Pensions select committee said the HSE's heavy involvement in the inquiry smacked of the 'guilty providing their own evidence.' Last week, inquiry chair Rita Donaghy told the committee the HSE would be responsible for selecting the 50 cases to be looked at by independent academics as a key part of the government-commissioned inquiry. The inquiry, which is due to report to work and pensions secretary James Purnell in April, will also include a review of 10 years of HSE reports and a study based on additional information sourced from construction companies and insurers. Committee chair Terry Rooney questioned the HSE's role in the inquiry. He said: 'There is an understandable suspicion [the HSE] may have selected cases where they acted perfectly, whereas there could be other instances where part of the contributing factors toward the death is lack of inspection or supervision. HSE is the regulatory body. It's almost like the guilty providing their own evidence.' Ms Donaghy defended the regulator's involvement. She added that while she would consider speaking to other stakeholders - such as trade unions - about potential case studies, it was her 'gut instinct that is not appropriate.' She told the committee any case still involved in legal processes would be immediately ruled out, even though she recognised she could be 'sacrificing recent or really, really up to date' incidents because of this. UCATT raised concerns in December about the inquiry's scope. The construction union said the inquiry must examine the impact of a dramatic decline in HSE enforcement activity. It added that it should consider the case for explicit safety duties on company directors (Risks 386).
HSE backs new tower crane register
An official tower crane register came a step closer after the Health and Safety Executive backed the move in recommendations submitted to the government. Under the plans, discussed at an HSE board meeting on 28 January, the register would be voluntary at first but would become mandatory at a later date. It was suggested at the meeting that the HSE's Health and Safety Laboratory could host for the register, although no decision on this was made. Trade paper Construction News reported the register 'would include the make and model of every tower crane, as well as its location, owner and current operator.' The Construction Plant-Hire Association's senior technical manager Kevin Minton said a register 'shouldn't take a long time to establish' as most information required is collected during normal operations anyway. 'It just isn't collated in a central place,' he said. The final decision lies with work and pensions secretary James Purnell, who last month asked HSE to review the case for and against a cranes register (Risks 391). This represents a significant shift by the government. Campaign groups, construction unions and the Work and Pensions Select Committee had all called for a register, after a spate of crane related fatalities. The government's July 2008 response to the Select Committee's report, however, rejected the call (Risks 363). At the meeting, HSE board members pressed the case for a register, which they said would be a good first step. They also want to see measures introduced to guarantee the competence of those undertaking crane safety assessments.
Polish workers urged to report unsafe sites
The Health and Safety Executive (HSE) is urging Polish construction workers to get in touch if they feel their health and safety is at risk in the workplace. Speaking last week at the Polish Embassy, chief inspector of construction Stephen Williams said: 'My message to Polish and other migrant construction workers in Britain is the if conditions are poor where you work, and your health and safety is at risk as a result, you should have no fear in contacting HSE to report it.' He added: 'HSE is not here to check on workers' legal or employment status and we do not pass any information about individuals on to other agencies. We just care about the health and safety of workers, and all workers, including those from abroad, should receive protection from the risks of their workplace. Any health and safety system must take account of individuals - a 'one size fits all' system is not sufficient.' Embassy official Robert Rusiecki said: "Migrant workers have a positive reputation in Great Britain and are providing an important source of labour. However it is easy for them to be exploited on British construction sites as they often have a limited knowledge of this country's health and safety system and many have never even heard of the Health and Safety Executive (HSE). I welcome this HSE initiative aiming to improve Polish migrant workers working conditions.'
- HSE news release. Contract Journal.
- HSE: Praca obcokrajowców w Wielkiej Brytanii. TUC: pracawbrytanii.org.
Drycleaning caused asbestos cancer
A Blackpool grandmother who was exposed to asbestos while working as a dry cleaner has died of a cancer caused by the deadly fibre. Freda Davidson died from mesothelioma on 3 December last year. An inquest into her death heard that Mrs Hague, 71, had worked for a dry cleaning business. Her husband Alan told the hearing: 'It is my belief that Freda came into contact with asbestos while working at a dry cleaners. She shook out workers' overalls before they were put in the machine and would have breathed in the asbestos at that time. There were no protective masks or overalls.' Coroner Anne Hind recorded a verdict of death by industrial disease. She said: 'We have a situation where those people took their clothes to the dry cleaners and that's undoubtedly where she got the exposure all those years ago.'
Schools to get asbestos audit
A teaching union has welcomed a government decision which it says will result in a 'comprehensive audit of asbestos in schools'. Commenting on the Department for Children, Schools and Families (DCSF) launch of its asbestos survey for local authorities, Chris Keates, general secretary of the NASUWT, said: 'This is a most welcome move by the government. Asbestos is the biggest workplace killer in the UK. In ageing schools it can be a hidden but deadly threat to the health and safety of staff and pupils.' She said asbestos was frequently mixed with other materials during manufacture and is often painted, adding it also appears unrecognised in vinyl floors, doors and ceiling panels. 'An NASUWT survey of teachers and school leaders, to which 5,000 responses were received, revealed that almost one in five knew of asbestos in their schools and of these almost half reported that the asbestos is not clearly marked,' she said. 'This confirms that some schools and colleges are not taking health and safety issues like this seriously and are failing to comply with their statutory responsibilities. There are no safe levels of exposure to asbestos and a long-term strategy of the complete removal of asbestos from all buildings used for educational purposes should be the goal. The DCSF initiative will result in a comprehensive audit of the scale of the presence of asbestos in schools.'
- Survey of asbestos management in schools and other settings, DCSF, 29 January 2009. NASUWT news release.
Union welcome for death fine hike
The Scottish Trades Union Congress (STUC) has welcomed a Court of Appeal decision to impose an eight fold increase in the safety fine on a company prosecuted after the death of a member of the public. A discounted £3,750 fine was originally imposed following the incident, where a 30-tonne digger rolled from a lorry, killing 24-year-old Christina Fraser who was travelling in a car behind. This was increased by the Court of Appeal to £30,000. STUC general secretary Grahame Smith said: 'The fine of £3,750 imposed on Munro and Sons (Highland) Ltd following a fatal accident was unacceptable and we welcome the moves by the Crown Office to appeal this decision and the subsequent increase in the sanction placed on the company.' He added: 'The STUC believes that had a full and thorough examination of the financial affairs of the company been available to the court, the sentencing judge may have arrived at an entirely different decision. What is required is an independent report from forensic accountants to be presented to the court prior to sentencing.' The Court of Appeal's opinion made reference to the approach in England, which recognises the need for sanctions to send a clear message to not only corporate offenders but also to the owners. 'We believe that this message will not register with company owners until individual corporate decision makers are placed in the dock to answer for their failures,' Mr Smith said. 'However, it would be wrong for us not to recognise the effort of the Crown Office in pursuing this appeal against an unduly lenient sentence and the decision of the Court.' Lord Nimmo Smith, who gave the appeal court ruling at the Court of Criminal Appeal, said the lorry driver, Walter MacLennan, was not to be blamed but the fault lay with individuals higher up in the company. The judge said: "The consequences of Munro's corporate error of judgment were catastrophic and need to be brought home to Munro's directors.'
Rail firms lose death fines appeal
Two rail maintenance firms have failed in their legal challenge to fines totalling almost half a million pounds after safety breaches led to the death of a worker. LH Access Technology - a subsidiary of the UK's largest manufacturer of rail-adapted equipment - and Border Rail and Plant were each fined £240,000 by an Edinburgh sheriff. Appeal judges were told that the penalty was five times LH Access' average annual profit and more than the company was worth at the time. Both firms claimed the fines were well in excess of English guidelines aimed at linking penalties to profits. But the Court of Justiciary Appeal in Edinburgh backed Sheriff Nigel Morrison QC who said the fatal accident in the early hours of March 2006 was 'a serious failure of duty.' Fitter Neil Martin, 46, from Essex died when he was trapped under the wheels of a mobile platform used for access to overhead wiring. He was helping move it from Edinburgh's Waverley Station to a nearby low loader for repairs. The court heard that using 'banksmen' to ensure the machinery was moving safely might have prevented Mr Martin's death. Border Rail was Mr Martin's employer and LH Access manufactured the platform.
Unsecured shifting load killed driver
A transport firm has been fined £150,000 after a poorly secured load shifted and crushed a lorry driver in his cab. Coastal Container Line Limited, a wholly owned subsidiary of the Mersey Docks and Harbour Company, was also ordered to pay costs of £26,732 at Liverpool Crown Court. The company had earlier pleaded guilty at South Sefton Magistrates Court to safety offences. The Health and Safety Executive (HSE) prosecution followed an incident on 14 September 2006 at Seaforth docks in Bootle, when 37-year-old Lawrence Allen was driving an HGV with approximately 25 tonnes of sheet steel loaded on a trailer. He was only travelling a distance of around one and a half miles between a terminal and the quay. As he slowed his vehicle on approach to a roundabout the load shifted and the sheet steel slid forwards and punched through the back of the cab, pinning him between his seat and the steering wheel. Mr Allen suffered crush injuries and died at the scene. Kevin Jones, the HSE inspector who investigated the incident, said: 'The investigation identified a number of failings including a lack of planning and inadequate training for drivers. A key factor was the practice not to secure the steel but to rely upon the weight of the steel and friction to hold the load in place while the vehicle was moving. The transport of steel between the steel terminal and the quayside had been taking place in this manner for at least eight months, putting not only the drivers at risk but also members of the public using the roads within the dock complex.'
Relaunch of falls from vehicles campaign
The Health and Safety Executive (HSE) has relaunched a campaign warning about the dangers of falls from vehicles. The safety watchdog said last year more than 1,600 workers were injured and four were killed in falls from vehicles. It put the cost to the transport industry at over £35 million each year. Marcia Davies, HSE's director of injuries reduction, said: 'Those responsible for managing and planning work with and on vehicles should try to minimise the extent to which tasks have to be carried out at height as one obvious way to prevent falls. There are often easy alternative ways of working to eliminate the need to climb to a height. Also it is vital that when new vehicles are purchased or rented, buyers look for design features that make access safer and think whether working at height can be avoided by ordering equipment with ground based controls.' She added: 'The campaign is focusing primarily on those who decide what type of vehicles are used and the way they are used, rather than the people using them. This is because so many injuries are caused by poor vehicle design and inadequate delivery arrangements. There are simple cost effective solutions that businesses can take to manage and drastically reduce the risk of falling from vehicles.' HSE said when companies are investing in new vehicles, they should require basic safe design features. It said the specification for new vehicles should include safety steps, handrails/hand holds and slip resistant floors.
International News
Australia: Top expert backs union safety effect
A top Australian academic has said no-one should underestimate the dramatic positive impact of trade unions on workplace health and safety. Professor Michael Quinlan of the University of New South Wales said 'union campaigns played a very significant part in health and safety legislation in the first place, workplace compensation legislation in the first place' and in subsequent improvements in the safety system. In a podcast interview ahead of Australia's Safety in Action conference, he said: 'There has been a long argument that health and safety should be quarantined from industrial relations. This is never going to be possible.' He said restructuring, job losses and other issues impacted on health and safety, concluding it was 'intellectually and factually flawed' to suggest it can be separated out from wider industrial relations issues. His comments come in a context of persistent complaints by Australian employers that unions are using safety concerns to progress an industrial relations agenda. He said this was really nothing more than union-bashing and 'largely an ideological beat-up.' By contrast, 'most health and safety management systems are, in fact, largely management safety systems,' he said. 'They do not deal a lot with health... Their KPIs [Key Performance Indicators] are always expressed in terms of zero-injuries or zero-harm.' The union role was important because 'where you don't have effective or worker input, you will have serious problems with health and safety'. The professor stressed that that more Australian workers are killed as a result of occupational disease than injury. He said unions could have done more on occupational health issues, and pointed out that a major union occupational cancer campaign will have its formal launch in Australia later this year.
USA: Dressing down for Nestlé on work clothes
Workers forced to change into work and protective clothing in their own time have won back wages from a US company that is part of the multinational Nestlé. Nestlé Prepared Foods will have to pay out US$5.1 million (approximately £3.6m) in back wages to 6,000 workers. A US Department of Labor (DoL) news release notes: 'Investigators found that production, maintenance and cleaning workers at manufacturing facilities in Chatsworth, Calif., Springville, Utah, and Jonesboro, Ark., were not paid for time spent putting on required equipment and clothing and removing it before and after their shifts, as required by the federal Fair Labor Standards Act (FLSA). Nestle subsequently identified additional back wages due to workers at plants in Mt. Sterling, Ky., Solon, Ohio, and Gaffney, S.C. Reviews at additional facilities are still in progress. All the workers due back wages worked at facilities manufacturing products such as Hot Pockets, Lean Cuisine and Stouffers frozen foods. The workers will receive back wages for work performed between Dec. 15, 2006, and Dec. 15, 2008.' The DoL news release adds: 'The FLSA requires that covered employees be paid for required time spent before and after shifts 'donning and doffing,' or putting on and removing certain uniforms, protective clothing and safety equipment, as well as for time spent between locker rooms and production areas once work time has begun.'
USA: Blast firm fined $22,500 as three die
Packaging Corporation of America (PCA) has been fined $22,500 (£15,800) for safety violations following an explosion at its Wisconsin paper mill in July 2008 that killed three workers and injured a fourth. The employees had been carrying out maintenance on the top of a recycled fibre storage tank when the explosion took place. The worker who survived was standing on a lower platform. The company was cited for four serious violations, including poor ventilation for flammable gases. The Occupational Safety and Health Administration (OSHA) also found that some employees lacked proper training for exposure to hazardous chemicals. Health and safety campaigners have criticised low fines for workplace health and safety offences, which they say offer little deterrent (Risks 388). In a wish-list to the new Obama administration, they call for higher penalties and improved worker protections. It is common practice to appeal proposed OSHA fines, a tactic which regularly results in significant fine reductions. PCA has until 11 February to appeal against the proposed OSHA fines.
Events and Courses
TUC courses for safety reps
COURSES FOR JANUARY TO MARCH 2009
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 (5,400 words) issued 6 Feb 2009
