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Number 399 - 28 March 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
London 2012 and unions agree principles
The organisers of London 2012 and the TUC have agreed to work together to ensure fair and safe employment standards on the Olympic and Paralympic games. The Principles of Co-operation were signed by the Olympic Delivery Authority (ODA) chair John Armitt, London 2012 Organising Committee (LOCOG) chair Sebastian Coe and TUC general secretary Brendan Barber at an event in Westminster last week. The organisations say that while not legally binding, the principles form the basis of positive partnership between the TUC and the organisations delivering London 2012 on areas including health and safety, training, equality and fair employment standards. Brendan Barber said: 'The principles set out our shared commitment towards training and apprenticeships, equality and positive industrial relations.' ODA chair John Armitt said: 'These overarching principles build on our existing positive agreement with construction unions covering the work to deliver the venues and infrastructure for London 2012. They further demonstrate a shared commitment to not only delivering a huge and complex project on time and to budget but also to high health and safety standards with fair employment conditions and a real employment and skills legacy.'
Pupil attack ends teacher's career
A teacher who was attacked by a 12-year-old pupil has had to take ill-health retirement as a result. NASUWT member Colin Adams, 51, who taught ICT at Kingswood Community School for eight years, was left with post traumatic stress disorder (PTSD). During the incident in a school corridor, the pupil jumped on his back and then attempted to strangle him while he lay unconscious on the ground. Colin was on his way to seek help from another senior teacher to discipline the student, who had been causing problems in a colleague's class. Only a week earlier the same student had attacked a security guard at the library across the road from the school. Despite the headteacher knowing about the incident, the pupil's violent past was never made known to staff. Following the school attack, the pupil was prosecuted and pleaded guilty to actual bodily harm (ABH). Colin commented: 'If I had known this student had had a history of violence I would never have turned my back on him. Instead I've been left unable to cope with children and have been forced to take ill health retirement.' He added: 'Schools need to take violence seriously and the Local Education Authority needs to be in a position to provide psychiatric help from those specialising in victims of assault to ensure teachers feel mentally prepared to return to the job.' NASUWT's Jim Quigley said: 'Every day some teachers are at risk because pupils who have a history of violence and aggression are not properly risk-assessed and preventative measures are not in place. More needs to be done to ensure teachers are well equipped to deal with the regrettable reality of pupil violence.' An NASUWT-backed compensation claim resulted in Mr Adams receiving a £275,000 payout.
School stress cost head her job
A teacher who left her job because of stress and allegations of racism has been awarded six figure damages. NUT member Erica Connor, 57, a former teacher at New Monument Primary School in Woking, won her action against Surrey County Council at the High Court last week. A judge awarded Miss Connor £407,781 for psychiatric injury suffered and loss of income, ruling that the council had breached its duty of care. It said the council was negligent in not stepping in to support the headteacher. The local education authority failed to help her as its 'excessively tolerant' officers were more worried about complaints to the race equality watchdog than her suffering. The payout includes damages for psychiatric injury, loss of income and pension, medical expenses and the premature end of her career. Miss Connor said she was 'thrilled that justice had prevailed.' She had joined the school as deputy head in September 1994, but left in September 2005 due to stress. Judge John Leighton Williams QC said that until 2003 the school had done very well under her leadership. However from late 2003 to the summer of 2005 he said the governing body had become dysfunctional due to the behaviour of two members, who made racism allegations. 'This behaviour had the effect of tearing apart the governing body and, together with the poor response by the defendants, caused two years of stress leading to the need for early retirement in the claimant,' he said. The court heard Miss Connor remained depressed two-and-a-half years after leaving the school, but had recently started doing unpaid voluntary work. The NUT welcomed the result, saying Surrey County Council had failed to support Miss Connor when she was under 'intolerable pressures.' An NUT spokesperson added that the decision was 'a milestone in giving legal protection to teachers against stress which the judge recognised to be all too common in the profession.'
Prison officer gets payout after attack
A prison officer who was injured while trying to restrain a violent inmate has received £8,000 in compensation. GMB member Michael Blinkhorn, 42, was off work for five months following the incident at HMP Wolds in East Yorkshire. He suffered an injury to his left thumb when he slipped on the cell floor while he and his colleagues were attempting to disarm the prisoner and restrain him. The prisoner was smashing his cell, had spilt cleaning fluid across the floor and was brandishing a broken broom handle. Mr Blinkhorn and his colleagues entered the cell in prison-issued safety equipment including a helmet, gloves and shin pads. However, he hadn't been provided with the correct non-slip footwear as they weren't available in his size. He slipped and a colleague fell on top of him. Mr Blinkhorn was diagnosed with ligament and tendon damage to his thumb. He still suffers from pain and his thumb swells after use. GSL UK Limited, which employed Mr Blinkhorn at HMP Wold, admitted liability and settled the claim out of court. Mr Blinkhorn said: 'I decided to claim compensation because this injury has affected my way of life. I used to be a keen golfer and cricketer but I can no longer hold a club or a bat properly. I've also left the prison service because after the accident I started to feel like I was the prisoner. I was becoming stressed about the job and worried about what could happen.' GMB's Tim Roache commented: 'Had Mr Blinkhorn been provided with the correct shoes for his job this accident could have been avoided. Employers must make sure safety equipment is made available to their employees at all times.'
Heavy stuff will hurt you
Whether you are lifting it up or it is falling down, heavy stuff can hurt you. Two six figure settlements secured for Unite members show poor manual handling systems can be costly for employers too. An odd job man at the Leicester-based micro brewers Davis Brewing Company Limited was awarded £169,140.22 after sustaining a serious injury to his back when lifting a beer keg weighing 60 kilos. He was transferring the keg from one transit van to another when he felt something in his back give way. He struggled with the keg to ensure he could place it down safely to avoid dropping it on to the road and into the pathway of vehicles and pedestrians nearby. The brewery initially denied liability for the claim, stating that the member had never declared previous back problems and that it would have been obvious to any individual that a keg of 60 kilos was unsafe to lift. Solicitors acting for the man on behalf of Unite did not accept this denial of liability as the member had not received any manual handling training, and secured the settlement. In a second case involving a Unite member, the warehouse supervisor for Indesit Company UK Limited was awarded £150,000 after sustaining soft tissue injuries to his neck and shoulders when a dishwasher fell on him as he unloaded a container. Medical evidence indicated the worker had degenerative changes in his back but it was not considered that these would have produced the severe symptoms he now experiences. Indesit initially offered rehabilitation, but later withdrew its support. The union-backed compensation claim and the six figure payout followed.
- Rowley Ashworth Solicitors news releases on the beer keg and dishwasher cases.
Other news
Directors must 'lead by actions, not words'
The Health and Safety Executive (HSE) has called on directors to demonstrate personal commitment and spend more time outside the boardroom to show they really care about health and safety. HSE chair Judith Hackitt told a meeting of the Chartered Secretaries and Administrators in London: 'Personal responsibility is fundamental to credibility and strong leadership. The first requirement is to get outside of the boardroom - visit workstations and talk to staff. Ask them what their health and safety concerns are and show genuine interest in and consideration for their response.' In the speech Ms Hackitt challenged the growth of a 'box-ticking' and 'do as I say, not as I do' culture, among managers. She said: 'If the actions of the board are inconsistent with the directions given to staff, this creates a huge integrity gap.' HSE's voluntary safety code for company directors, which was published jointly with the Institute of Directors and which HSE says was 'written by directors for directors', was branded 'a complete failure' by campaigners after an evaluation published this year by HSE found threequarters of businesses were unaware of its existence (Risks 392). Unions and corporate accountability campaigners continue to press for statutory safety duties on employers, and have urged HSE to back the approach in its new safety strategy (Risks 398).
Director pays £4k for work death
The former director of an aggregates firm has been fined £4,000 over the death of a lorry driver in east London in 2001. John Peter Wootten, formerly trading as AEP Aggregates, was hit with the fine and £750 in costs at the Old Bailey after pleading guilty to two breaches of the Management of Health and Safety at Work Regulations. Employee Joseph Caruana was fatally injured in December 2001 when he was hit by a trailer. The court heard he was unloading shingle at an RMC Readymix depot when he reversed the articulated lorry up a concrete ramp into the unloading bay and activated the tipping mechanism. He engaged the tractor handbrake but not the trailer parking brake. Because he had not released the tailgate of the trailer, the shingle load built up at the rear, with the weight causing the vehicle to skid down the ramp. When Mr Caruana noticed this he ran and jumped into the cab of his vehicle, but he did not have time to shut the door. The vehicle jack-knifed, throwing him from the cab and under the advancing wheels of the trailer. He died of multiple injuries at the scene. Health and Safety Executive (HSE) inspector Charles Linfoot said: 'Hauliers need to make sure they have safe systems of work, which include risk assessments adequate training and supervision of all workers. These actions are simple and could have saved the life of Mr Caruana. It is appalling that Mr Wootten ignored basic safety precautions and it is completely unacceptable that a man was killed in these circumstances.' He added: 'This prosecution shows that we are determined to tackle this issue head on and will continue to take enforcement action against companies and individuals who breach safety precautions.'
Dairy boss done for ladder fall
A dairy boss has been fined after an employee broke both wrists in a fall from a ladder. Andrew Howard, a partner in the Beechdean Dairies partnership, was fined £6,000 and ordered to pay costs of £5,000 after pleading guilty to safety offences. High Wycombe Magistrates' Court heard that between 1 May 2007 and 19 June 2007 the firm did not ensure the health and safety of his employees when working at height, which led to the fall. On 19 June 2007, the employee was felting a link roof and filling in gaps between the link roof, freezers and walls, when the ladder he was standing on slipped or fell. The worker broke both his wrists as a result of the fall. Health and Safety Executive (HSE) inspector, Kelly Nichols, said: 'Work at height remains the single biggest cause of workplace deaths and one of the main causes of major injury. More workers are injured falling from a ladder than any other access equipment. In 2007/2008, 16 workers died and over 1,100 suffered major injury following a fall from a ladder.' She added: 'With proper planning and sensible management of the risks the vast majority of deaths and injuries from a fall at work can be avoided.'
Waste director gets £2,000 injury fine
A King's Lynn waste disposal business and its managing director have been ordered to pay out £16,000 in fines and legal costs after an employee was seriously injured. Baco-Compak had commissioned a new, prototype machine to separate wood and rubble, but broke health and safety laws when it failed to install a safety guard on its conveyor belt. The company was charged separately from its founder, 73-year-old Peter Bacon. Both admitted breaching safety rules. Geoffrey Knipe, prosecuting for the Health and Safety Executive (HSE), said the injury would never have occurred had a safety guard been installed. Employee Marcus Gohn was setting up the machine at around 8.30am on 17 April last year when a blockage occurred in the lower part of the conveyor belt, the court heard. The belt stopped, so Mr Gohn went to investigate, wrongly assuming it had switched itself off. He knelt down and reached in, but the conveyor belt started up again, drawing his left arm in to the lower roller of the conveyor belt, trapping it and causing a 'severe fracture.' Mr Knipe said: 'He should not have been able to access it.' When HSE inspectors visited the site six weeks later, the machine was still in use and still missing its guard, Mr Knipe said, adding: 'A guard was available and was put on during the visit.' Mr Knipe said the breach was not deliberate or motivated by profit and neither the company nor Mr Bacon had previous health and safety convictions, although there had been warnings. Bacon, who appeared for sentencing at Lynn Magistrates' Court this week, was fined £2,000 and ordered to pay £3,348 costs, while Baco-Compak was fined £4,000 and ordered to pay £6,681 costs. HSE inspector Richard Hines commented: 'This was an entirely avoidable incident. Mr Gohn sustained a severe fracture to his lower left arm because the company failed to provide a safe work environment. The machine involved with the incident should not have been used without the correct guarding in place.'
Another fine, another waste of a life
A waste company in Sunderland has been fined £15,000 after one of its workers was killed when he was hit by a 20-tonne dumper truck. David Liddle was struck by the vehicle as he walked across the yard operated by Alex Smiles Limited in December 2007. The driver of the truck, James Johnston, has already pleaded guilty to manslaughter by gross negligence and will be sentenced on 20 April. When the accident happened, on 20 December 2007, the bucket was raised and overloaded with pieces of plywood sheets which completely obscured Johnston's view. Johnston, a foreman at the site, told police he would often transport such huge loads, steering 'by instinct' and would have to brake sharply on a daily basis. His employer, Alex Smiles, appeared at Newcastle Crown Court this week, pleading guilty to breaching health and safety at work legislation. The company was also ordered to pay £5,000 towards prosecution costs. Northumbria Police and the Health and Safety Executive carried out an extensive investigation into the cause of Mr Liddle's death, resulting in the case being passed to the Crown Prosecution Service. Dr David Shallow of the Health and Safety Executive, said: 'In this case, there was a clear failure by Alex Smiles to manage site traffic safely and they pleaded guilty to a serious criminal offence.' HSE this year backed a new waste industry voluntary charter seeking to improve the sector's horrific injury and fatality rate over five years (Risks 389)- immediately after the completion of another voluntary five year plan which was branded 'a conspicuous flop' by campaigning trade union health and safety magazine Hazards.
Council fined £40k after electrocution
Camden Council has been fined £40,000 after a scaffolder was electrocuted by a faulty security light while working on a local authority housing estate. Ralph Kennedy, 24, died instantly when he touched the live metal casing during improvements work in September 2006 (Risks 302). A colleague watched as Mr Kennedy collapsed clutching his arm during the work at the Mayford estate in Camden, north London. Paramedics were unable to revive him and he was pronounced dead at the scene, the Old Bailey heard. An investigation found that someone had cut the earth cable to the light, possibly to stop it flickering. Camden Council admitted breaching health and safety legislation by failing in its duty to inspect light fittings on the estate. In addition to the fine the council was ordered to pay costs of more than £16,000. Valerie Charbit, prosecuting, said: 'There is no evidence that the light involved in the accident had even undergone routine maintenance to ensure its safety since it was installed in the early 1980s. The fault could easily have been identified, thereby preventing the death of Mr Kennedy.' Judge Richard Hone said: 'When an accident at work involves the death of a young 24-year-old father of three children the public disquiet at flaws in systems does require significant financial penalties.' Health and Safety Executive (HSE) inspector Kerry Williams commented: 'This tragic incident could have been prevented. All employers, including those providing social housing must have a planned maintenance programme for the inspection and testing of their electrical installations. If the lights on the Mayford estate had been tested on a regular basis, this death could have been easily avoided.'
Six figure fine over worker death
A Scottish linoleum manufacturer has been fined £330,000 over the death of an employee. Oliver Byers, 55, was crushed to death at the Forbo Nairn plant in Kirkcaldy, Fife, in September 2007. At Kirkcaldy Sheriff Court, the firm admitted breaching health and safety laws by failing to provide a safe system of work. Mr Byers was fatally injured when the 600kg steel skip on a mechanical hoist descended silently and crushed him. Giving his judgment in court, Sheriff Peter Braid said the company should have recognised that its safety procedures were insufficient given the potentially fatal consequences of a skip descending while someone was working underneath. The tragic course of events was set off by a laptop computer. Sheriff Braid said: 'On the day in question, the skip was held at the fourth storey with the system set to manual. Unfortunately, when a newly installed laptop crashed, the system rebooted, and due to a processor fault, the system defaulted to its starting position, with the skip at the bottom of the shaft, thus causing the skip to descend silently to the ground.' He imposed a fine of £500,000 - representing 1.3 per cent of the company's annual turnover - discounted to £333,000 to reflect the early guilty plea. Norman Buchanan, principal inspector with the Health and Safety Executive (HSE), said it was 'a tragic accident which should not have happened.' He explained: 'The employee was struck by a mechanical hoist while cleaning machinery. There was no automatic over-ride system fitted to the hoist, which would have prevented this fatality. Companies should ensure they provide safe systems of work for their employees.'
TV firm's bullying cost £1 million
Bullying managers at an ITV regional newsroom have cost the company about £1m, a national newspaper has claimed. The Guardian says a series of investigations have taken place at the Tyne Tees newsroom amid allegations of racism, sexism and inappropriate comments about ethnic minorities and disabled people made by a manager. The complaints led to managers and journalists leaving the company with large pay-offs, the paper says. Problems started six years ago, when a journalist launched a complaint accusing a manager of bullying. He was disciplined after one inquiry, before two further investigations were launched when the journalist claimed he was ignored for two years as he continued to work in the newsroom after making the complaint. The manager was later given a written warning about his conduct before he was suspended and left the company with a pay-off in the region of £50,000.The whistleblower left the company three years ago and was paid almost £80,000 after threatening to take his case to an employment tribunal. Last year, a further three female journalists lodged complaints of bullying, sexism and racism, sparking yet more investigations. One claimed she was called a 'gypo' and was physically pushed aside by one of two male colleagues who were later disciplined and have since left the company with substantial pay-offs. ITV recently agreed to pay two of the women a combined sum of more than £110,000. An ITV source quoted by The Guardian said the total time spent off on sick leave or suspensions amounted to five years, 'the equivalent of around £250,000 in sick pay just while they were off work.' Legal costs would push the total to in the region of £1 million.
MPs back asbestos campaign demands
MPs have demanded government action to ensure all asbestos victims get compensation. The all-party occupational health and safety group this week said it wants a 'fund of last resort' to be set up by the insurance industry for people dying of mesothelioma who cannot claim the payouts they are due. The Daily Mirror, which is campaigning for a reform of asbestos compensation law, reports up to one in 10 victims are left with nothing as the disease can take up to 30 years to develop - by which time their employer may have gone out of business and they are unable to trace the company which provided their old firm with insurance. The MPs said a voluntary tracing scheme run by the insurance industry - which solves less than half the cases - has failed. Lib Dem MP Paul Rowen said: 'The voluntary scheme's been an abject failure. We need a compulsory insurance scheme that will ensure payment for those who often have a limited time.' Tory MP Nigel Evans said: 'I don't want to see those who have suffered denied by bureaucratic insanity.' Labour MP Mick Clapham, who chairs the group, said: 'The insurance industry in most cases has already received the premiums.' The MPs want the government to urgently set up an Employers' Liability Insurance scheme. They are also calling insurers to keep a database of policies to help future victims.
International News
Australia: Economic woes increases bullying
An Australian trade union body is warning of an increase in workplace bullying as the economic situation puts pressure on workers to work longer and harder to safeguard their jobs. Victorian Trades Hall Council secretary Brian Boyd said: 'Research here and internationally has shown for years that whenever there is employment uncertainty or significant work re-organisation, bullying increases.' He said the Australian state's health and safety watchdog, WorkSafe, 'should be expecting an increase in claims regarding bullying and should allocate resources appropriately. Every worker has a right to a safe and healthy work environment and bullying is against the law. No worker should be targeted in the workplace for raising health and safety concerns.' He branded as 'scurrilous, mean and ignorant' a law firm's claim that employees are attempting to avoid redundancies by lodging bullying claims, warning that the 'cheap and lazy' tactic of blaming the victim should be avoided. All workers continue to have the right to a safe and healthy work environment irrespective of the economic climate, Mr Boyd said, adding that workers should contact their union safety rep, union or WorkSafe if there were concerns about bullying.
Global: Job insecurity linked to suicides
Researchers in France have identified a clear correlation between job insecurity and suicidal tendencies. A survey of a representative sample of 2,012 French adults and 312 people receiving assistance from a French support group found one in five adults in the general population was in a distressed state. The researchers found their 'mental distress score' was very closely correlated with the risk of suicide. Among those with a mental distress score equal to or higher than 6: One in two had already thought (even in passing) about killing themselves; one in three had seriously contemplated it; and 15 per cent had been hospitalised after attempting suicide. A correlation was found between a sharply increased suicide risk and interviewees' terms of employment. The lowest risks were found among those in stable employment, on permanent contracts. The suicide risk rose for those on short-term contracts and was highest of all among benefit claimants. The survey team warn: 'After the financial and economic crisis, we may find ourselves with a real health crisis on our hands. All the signs are that the surge in unemployment in our country, the financial difficulties that many French people will find themselves in, and uncertainties about the future will give rise to big personal and psychological problems with a new spate of cases of mental distress, depression and the temptation to end it all.' American psychologists have coined the phrase 'econocide' to describe a wave of suicides they say are linked to the current global economic crisis. The phenomenon has also been recognised in the UK. 'Economic recession, especially when it is sudden and severe, can lead to an increase in suicide rates,' said Stephen Platt, professor of health policy research at the University of Edinburgh and a Samaritans Trustee. 'This is not only because more people become unemployed and, as a result, more psychologically vulnerable, but also because those in employment feel threatened too.'
Mexico: Union wants a work homicide law
There is an urgent need for a corporate homicide law to punish companies that put their workers' lives in danger, a Mexican mining union has said. The call comes after another spate of deaths in the mines and metals industry, including four deaths in one week at Mittal Steel and Peñoles. The National Miners' and Metalworkers' Union of Mexico (SNTMMSRM), led by Napoleón Gómez Urrutia, said these deaths 'justify the national union's request to the National Congress to punish company negligence.' The union said the companies have a duty to protect the lives of their workers. It called for urgent action to establish health and safety systems. Napoleón Gómez Urrutia said a corporate homicide law is necessary because the technology and prevention methods are available to prevent the fatalities.
USA: More damning evidence on nanotubes
A US government research body has confirmed that inhaled carbon nanotubes can penetrate deep into the lung and then migrate into other tissues. The scientists from the National Institute for Occupational Safety and Health (NIOSH) say this raises a warning flag about a possible cancer risk. 'This is important because the pleura is the tissue that can develop a form of cancer, malignant mesothelioma, after asbestos exposure, and multi-walled carbon nanotubes are durable fibre-like particles that share many features with asbestos fibres,' Dr Ann Hubbs of NIOSH told investigative reporter Andrew Schneider. The findings, presented last week before the Society of Toxicology, come on the heels of a warning from the UK health and safety watchdog, which has called for 'a precautionary approach' to the use of carbon nanotubes (Risks 397). A March 2009 Health and Safety Executive (HSE) information sheet says: 'If their use cannot be avoided, HSE expects a high-level of control to be used,' adding: 'It is good practice to label the material 'Caution: substance not yet fully tested.' The alert followed a Nature Nanotechnology paper showing certain carbon nanotubes (CNTs) may mimic asbestos fibres (Risks 357), with HSE noting: 'While this research does not prove that CNTs will cause the same diseases as asbestos, it does raise the level of concern'. A Friends of the Earth Australia report last year issued a similar warning on the similarities between nanotubes and asbestos (Risks 372).
Resources
Global trade and safety newsletter
Increasing numbers of workers around the world are employed by international companies, exploiting tax and regulatory exemptions to produce goods for export. Health and safety is frequently a casualty. The Maquiladora Health and Safety Support Network (MHSSN) newsletter - Border/Line Health & Safety - is the single best source on the issue. Maquiladora are foreign-owned production plants. MHSSN's work started with Mexican workers in the proliferation of factories just over the US border, but has expanded to coverage of the health and safety problems arising out of deregulated global trade worldwide.
- Border/Line Health and Safety [pdf]. Maquiladora Health and Safety Support Network (MHSSN).
Events and Courses
TUC courses for safety reps
COURSES FOR APRIL TO JUNE 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 (5,100 words) issued 27 Mar 2009