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Number 407 - 23 May 2009
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Risks is the TUC's weekly online bulletin for safety reps and others, read each week by over 17,000 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
Don't let them turn a crisis into a tragedy
As company bosses flap in the face of the current economic uncertainty, health and safety might not be at the forefront of their minds. And that's why the union Prospect is handing its union reps new guidance on how to navigate safely through 'organisational change'. Sarah Page, the union's health and safety officer and author of the guide, said: 'The changing world of work has intensified pressures on employers to maintain efficiency in an increasingly competitive, customer-driven market. This has driven constant organisational reshaping such as privatisation, restructuring, downsizing and out-sourcing. These have had profound impacts on the workforce: Pressures on work tempo and personal performance, the individualisation of the employment relationship, undercutting opportunities for union organising and the creation of new psychosocial risk associated with rising levels of stress-related ill-health.' She said managers are likely to make a hash of these company shake-ups, with 'change failure rates running at about 70 per cent. Engaging employees not only ensures their expertise and knowledge of the business can be considered, but can help mitigate against poorly managed organisational change and the damage to well-being that it can cause.' The new resource, 'Fair Change - Prospect guide to organisational change', provides the union's reps with 'practical advice on relevant legal and union tools that health and safety and other union representatives can use to increase employee engagement in any change process, and work towards an employment relationship based on efficiency, equity and voice.'
Postal workers refuse offensive mail
Postal workers can refuse to deliver 'offensive' mail on health and safety grounds where there is a 'personal risk' to them, their union has confirmed. The clarification of a national agreement came after some postal workers refused to deliver BNP election materials. CWU national officer Bob Gibson said: 'It is not specific to any political party. We are protecting the rights of our members to be safe at work. Royal Mail has a responsibility to ensure the safety of their employees. We have had instances of delivery workers being threatened, chased and spat at for delivering some election leaflets. We will support individuals who feel strongly about delivering these items.' He added: 'Postal workers are well within their rights to refuse to deliver offensive material.' The national agreement with Royal Mail notes a refusal to deliver will be acceptable 'where an individual believes that delivery of a particular item may incur personal risk.'
Teaching assistants face routine violence
Half of all teaching assistants experienced violence or abuse at work in the last year, a survey by public sector union UNISON has found. In the light of the 'shock' findings, the union is calling for better training to help teaching assistants cope with attacks at work, with clearer guidance and more comprehensive risk assessments. Christina McAnea, UNISON's head of education, said: 'Teaching assistants work long hours, often on low pay. It is shameful that they should also be expected to put themselves at risk of being attacked or abused.' She added: 'Many of our members work with children with special educational needs, often with challenging behaviour. Schools must have very clear policies and procedures in place to deal with this and to support staff. There should also be more comprehensive risk assessments to anticipate dangerous and difficult situations.' The survey found 49 per cent of the 535 UK teaching assistants questioned had experienced violence or abuse in the last year, 7.2 per cent had experienced violence requiring medical attention and 17.5 per cent had experienced violence not requiring medical attention. Almost one in six (16 per cent) had been subjected to physical threat, nearly a third (31 per cent) had experienced verbal abuse, and one in seven (14 per cent) had been a victim of bullying. The union is seeking a pay hike in recognition of 'the hard work, long hours and commitment that teaching assistants put into their jobs,' Christina McAnea said.
Underground action on safety
Victoria Line Tube drivers this week took a second day of action in a dispute over a failure to install door safety equipment and what their union RMT described as the ongoing bullying, harassment and victimisation of staff. The strike followed a 'rock-solid day of action' last month which shut down the entire Victoria Line for 24 hours. 'The intransigence of Underground management has forced our members on the Victoria Line to take another 24 hours of strike action,' RMT general secretary Bob Crow said. 'There can be no excuse for the failure to install Correct Door Side Enabling Equipment.' The union hit out at London Underground (LU) and Transport for London (TfL) bosses who have said that the strike is 'nothing to do with safety.' Bob Crow said: 'It's dangerous nonsense for TfL and London Underground to say this strike isn't about safety. That's an insult to the intelligence of the travelling public. Every other tube line has correct door safety systems fitted other than the Victoria Line. It's been fitted everywhere else on the Underground because it's a life saver.' Commenting on 21 May as it became apparent this second action was also '100 per cent solid', he said: 'The management of the Victoria Line run the daily risk of having the blood on their hands from a fatality because they have ignored the RMT's warnings. That's why our members have been forced to strike today and LU and TfL should be ashamed of themselves.'
- RMT news release and earlier related RMT news release.
London cabbies protest at toilet rip-off
London taxi drivers picketed Westminster City Council for an hour on Wednesday 20 May over 'rip-off' parking charges which are forcing them to spend up to £3 just to use the toilet. Westminster recently introduced a new mobile phone and credit card based parking system, ripping out the old-pay-as-you-go meters. At the same time a number of public conveniences close to black cab ranks were closed down by the council. As a result, taxi drivers are being forced to pay the minimum parking charge of £3 an hour just to dash in and use the public toilet or risk a fine of £80. Westminster has introduced a limited number of taxi-only bays at £1 an hour but their union, RMT, says these are inadequate. RMT is calling on Westminster City Council to waive black cab parking fees for 10 minute stops on bays close to public toilets to enable the cabbies to take a leak without getting ripped off or risking a fine. 'Black taxis drivers provide an essential service for Londoners and Westminster should play fair and cut our members some slack with the parking enforcement to enable them to park up and do the necessary,' RMT general secretary Bob Crow said. 'Westminster is right at the hub of London and the last thing that anyone wants is to drive the black cabs away and open up another opportunity for the illegal and dangerous taxi touts. This is an issue that can be easily resolved and we expect Westminster City Council to take our members protest seriously and reach an agreement with us.' A TUC-backed report in Hazards magazine in 2002 warned that failure to go to the loo when you need to can cause problems including urinary tract infections (UTIs), renal damage, constipation, abdominal pain, diverticuli, haemorrhoids, bowel distension and incontinence.
Six figure payout for serious leg injury
A warehouse operative has been awarded a £359,717.62 payout for a workplace leg injury which may eventually result in amputation. Unite member Michael Crane, 62, received this interim compensation award from Lenham Storage one week ahead of scheduled High Court hearing. The agreement stipulates he has the right to further compensation if his condition significantly deteriorates. He was injured five years ago, when he was hit by a forklift truck, suffering a serious fracture of his right ankle which did not heal and subsequently became infected. He said: 'I have not been able to return to work. I continue to suffer from the after effects of the accident and now have extremely restricted mobility and an open wound.' He added that he can no longer go fishing, sailing or walking and said: 'If not for my mobility scooter, I would effectively be a prisoner in my own house.' Niamh O'Brady of law firm Pattinson and Brewer, who represented Mr Crane for Unite, said: 'A properly organised workplace would have prevented Mr Crane from being robbed of the last working years of his life and an active and enjoyable retirement.' Unite regional secretary Andy Frampton added that the settlement included 'the right for Mr Crane to return to the Court if there is any serious deterioration in his condition, which could lead to a below knee amputation as a result of injury suffered in this accident.'
Family lost dad to asbestos cancer
The family of a former Unite member who died of an asbestos-related disease has received 'substantial' damages. John Squirrell received the compensation on behalf of his dad, widower Noel Squirrell, who died from the cancer mesothelioma in September 2007. He was exposed to asbestos as a labourer at power station premises in Ipswich from 1951 to 1955 and later at Cliff Quay Power Station where he worked until he left the company as a work study officer. He was never given any protection by his employers or warned about the dangers. Following his dad's death, John pursued a claim for compensation. He had also worked in Cliff Quay Power Station where he cleaned out boilers. He said he wanted to raise awareness about the dangers of asbestos. 'My dad died a particularly nasty death,' he said. 'Mesothelioma is a horrible disease and by claiming compensation I wanted to raise awareness to how dangerous asbestos is. When we worked at the power station we had no idea we were putting our lives at risk. No-one ever told us how dangerous asbestos was.' Steve Hart from Unite said: 'Mesothelioma has affected the lives of so many of our members who were exposed to asbestos through doing a hard day's work. Even where the member has sadly died, the union will continue to support a claim by the family.'
Other news
Shiftworkers get second class treatment
Shiftworkers in the UK are facing serious health risks but are getting second class safety because the Health and Safety Executive (HSE) clocks off outside normal office hours. An online report from the workers' health and safety journal Hazards notes: 'Shiftwork and work at night has been linked to a wide range of health problems, including breast cancer, prostate cancer, non-Hodgkin's lymphoma, heightened accident risk, heart disease risk factors and pregnancy problems. There is emerging evidence that these health effects combined make shiftworkers, particularly women shiftworkers, far more likely to take early ill-health retirement.' 'While you were sleeping', by Stirling University's Professor Andrew Watterson, says the estimated 3.5 million shiftworkers in the UK getting second class treatment because no staff at the official health and safety regulator HSE normally undertake work outside of normal hours - no preventive health promotion work or inspections, for example. An HSE spokesperson cited in the article says 'we don't under normal circumstances roster anyone to work outside normal office hours (other than HSE duty officers and press officers who are on call). If anything happens out of hours the relevant inspector(s) will undertake investigations etc. as appropriate.' Professor Watterson calls for more HSE resources to be targeted at workers on atypical hours, rigorous enforcement of working time law, an end to the UK opt-out from the working time directive's 48-hour working week ceiling, and for the UK government to follow the Danish government's lead and compensate workers with breast cancer caused by long-term night work. He also urges trades unions to step up their campaigns on occupational health issues, including shiftwork, and to demand effective risk assessments on shift patterns to ensure the least unhealthy patterns are adopted. Unions should ensure wherever possible their safety rep cover includes workers on atypical shifts, including night shifts, he says. TUC's latest safety reps' survey shows shiftwork is seen as a growing health and safety problem in the UK.
- While you were sleeping, Hazards magazine, Number 106, 2009 and related working hours webpages.
Drug tests used to jettison staff
Employers are increasingly using drug testing to get rid of staff without having to make redundancy payouts, a drugs and human rights charity has said. Release has reported a four-fold increase in calls to its drugs team about problems with workplace testing in the first three months of 2009 compared with the same period last year. In the first quarter of 2008, the team received 493 calls, with just 31 (6.2 per cent) related to testing at work. In the first three months of this year, 548 calls were received with 145 (26.4 per cent) about this issue. Sacking employees who test positive for illicit drugs allows employers to avoid making redundancy payouts. Cannabis, which can remain detectable for several weeks after use, is the substance causing the biggest problems for employees. While drug testing in the workplace has been routine for many years in some safety critical jobs, such as driving and machine operation, Release reports that many calls are coming from sectors it had comparatively few dealings with before such as office work, banking and commerce. Previously the charity received regular calls from employers about how best to support staff with drug problems. These calls have dwindled to almost zero. Concateno, a group of companies that between them have approximately 60 per cent of the UK workplace drug testing market, reported a 13.2 per cent increase in testing between 2007 and 2008. In 2007, 159,000 workplace drug tests were carried out and in 2008, 180,000 tests were done. Concateno workplace field sales manager Neil James last month said the firm had seen 'a steady increase' in demand for drugs testing from the construction industry over the past six months. He said the construction sector now made up about 20 per cent of the workload for Britain's largest drug and alcohol-testing business.
Action call on construction gangmasters
Migrant worker abuse in the construction industry must be tackled within two years or the gangmaster law should be extended to cover the sector, a government select committee has recommended. The recommendation of the Home Affairs Select Committee has been welcomed by unions, but they say action should not be delayed. The Gangmasters Licensing Authority (GLA) monitors labour providers in industries including agriculture, shellfish gathering and food packaging, but not construction. The committee's Trade in Human Beings report uncovered assaults and threats of violence against staff, and pay below the minimum wage. The report also raised concerns at evidence of 'the increasing incidence of gangmasters providing labour to major construction sites.' Labour providers in the construction industry are currently regulated by the Employment Agency Standards Inspectorate. The report said: 'If after two years the Employment Agency Standards Inspectorate (EASI) has not succeeded in reducing abuse, then the remit of the Gangmasters Licensing Authority should be extended to cover construction.' Unite said there was now clear evidence that the gangmasters' law should be extended to the construction sector. The union's deputy general secretary Jack Dromey said: 'Now it is over to government. The evidence of worker exploitation is piling high; government can no longer ignore the calls to extend licensing and put in place a universal, transparent process for determining who is fit to supply labour in this country.' Alan Ritchie, general secretary of UCATT, said the union welcomed the recognition by MPs that gangmaster exploitation is affecting construction workers, but added his union 'rejects the suggestion that the government should wait two years before taking action.' He added: 'The lack of activity undertaken by EASI and the fact that that they cannot prevent exploitation taking place in the first place, demonstrates that they will never be the answer to preventing exploitation in the construction industry. A two year delay will lead to further exploitation and misery, it is vital that the GLA is extended to construction at the earliest possible opportunity.'
- The Trade in Human Beings: Human Trafficking in the UK, Home Affairs Committee - Sixth Report. UCATT news release. Unite news release. Personnel Today. Contract Journal. BBC News Online.
PM urged to act on asbestos deaths
A petition with over 24,000 signatures was handed into 10 Downing Street this week calling on the government to fund a National Centre for Asbestos Related Disease (NCARD). Campaigners are fighting for a virtual centre to help fund research into asbestos related diseases including mesothelioma, a cancer of the lining of the lungs. They are asking for the government to provide £7m for the centre to fund research into the disease. Mesothelioma is the least researched of the top 20 cancers, a disease which has devastated millions of families worldwide and kills over 2,000 each year in the UK. The petition was presented by Chris Knighton, of the Mick Knighton Mesothelioma Research Fund, mesothelioma sufferer Jan Egerton, John Edwards of the British Mesothelioma Interest Group, Liz Darlinson of Mesothelioma UK and Paula Walker, chair of the National Asbestos Support Group Forum. Chris Knighton said: 'Mesothelioma takes the lives of 2,000 people in the UK each year and the number of deaths is not expected to peak until 2015. We do not have the time to sit back and wait. We must take action against this devastating disease now and that means providing significant funding to the medical researchers who are desperate for funds to develop lifesaving treatments. Funding for a UK National Centre for Asbestos Related Diseases is a priority. Such an institution would encourage collaboration and stimulate research to generate future treatments to prolong and save lives.'
- Thompsons Solicitors news release. Shields Gazette.
- The Asbestos Victims Support Groups Forum UK is to hold a demonstration at the Association of British Insurers (ABI) general meeting on Tuesday 9 June 2009 at the Grange St Paul's Hotel, 10 Godliman Street, London. It will call for an Employers' Liability Insurance Bureau (ELIB), paid for through insurance premiums. Asbestos Forum.
Cricketers get skin cancer tests
Members of the Professional Cricketers' Association are to receive regular screening for skin cancer. PCA, which represents the interests of players, organised the programme after one in seven county players were referred to specialists when potential melanomas were found during check-ups. Although 15 per cent of those screened so far will be given further tests, it is hoped most will be given the all-clear. Several Australian players have had melanomas removed in recent years. So far, the PCA has organised screenings for more than 300 cricketers. Skin cancer specialist Dr Rob Burd has been carrying out screenings for the PCA. He said cricketers, who spend up to eight hours a day in the sunshine when fielding and batting, are more exposed than most. Skin cancer is the second most common form of cancer in young adults, with nearly 200 cases reported in the UK every day. Worcestershire County Cricket Club chief executive Mark Newton welcomed the PCA's move. 'It's something as we all grew up that we never heard of,' he said. 'But for modern cricketers, so many hours in the sun, it needs checking every year.' Outdoor workers, including construction and agricultural workers, are at increased risk of skin cancer.
Fine after worker loses leg
Agricultural contractor Pete Mellor Ltd has been fined £12,000 and ordered to pay costs of £2,564 after a worker's leg had to be amputated as a result of being crushed by a falling weight. The firm pleaded guilty at Southern Derbyshire Magistrates' Court last week to breaches of the Health and Safety at Work Act and the Management of Health and Safety at Work Regulations 1999. The charges followed an incident on 11 October 2007 when an employee was repairing a forklift truck at the company's rented premises at Barn Farm in Drakelow, Derbyshire, which involved removing the counterbalance weight. The unsupported 1.8 tonne weight fell off and landed on Keith Thompson who was walking past at the time. The weight crushed his left leg which had to be amputated below the knee. Health and Safety Executive (HSE) inspector Samantha Farrar said: 'The incident resulted from an unsafe system of work. The weight was not supported during removal and the person carrying out the repair had been given insufficient information and instruction. Also, the injured party was allowed to walk through the work area. A risk assessment for the job was not carried out. A suitable and sufficient assessment would have addressed all of these issues and a man may not have been left with a life-changing disability.' Judge Caroline Goulborn said she gave Mellor credit for an early guilty plea, but the company could have 'foreseen' the accident and something should have been done to balance the weight. However, she accepted that Mellor had shown remorse and that health and safety was not completely disregarded.
Who'd have thought rotating blades were dangerous?
A metal recycling firm has been fined after an employee working on a machine with inadequately guarded rotating blades suffered a severe hand injury. The Health and Safety Executive (HSE) prosecuted JBM International Ltd for its failure to make a suitable risk assessment of the dangers posed by the rotary valves of the dust extraction unit. JBM was fined £5,000 and costs of £2,614 by Newcastle-under-Lyme Magistrates' Court this week after pleading guilty to two safety offences at its Kingsilver Refinery in Hixon, Staffordshire. The injured 34-year-old employee was investigating a possible blockage to the dust extraction unit by removing the collection bag and reaching up with his left hand to the exit opening of the extraction unit's rotary valve when his hand was severely damaged by the blades. Speaking after the case, HSE investigating inspector Ian Williamson, said: 'Being able to easily access moving parts of the machine represented an obvious danger which meant that it was reasonably foreseeable that an injury could occur whilst reaching into the opening. The machine had been in operation for 10-15 years yet it had evidently not been subjected to a suitable risk assessment because it had not been engineered in any way to protect operatives.' He added: 'It is important for companies to ensure that they have fully considered all the risks their employees may face when using any equipment and the injuries could have been much worse.'
International News
Australia: Dire prognosis for health check scheme
A state-wide system of health checks in Victoria, Australia, has been found to be in a very bad way. The state-government funded WorkHealth programme had been opposed by unions because the initial design omitted any consideration of health problems caused or exacerbated by work itself. And now employers' groups have abandoned the scheme, which could end up a fraction of its intended size. The failure is seen as a major embarrassment for state premier John Brumby, who promised every Victorian worker would be offered a free health check. It had been hailed by his administration as a world-first opportunity to improve the health of GP-shy blue-collar workers. However, in a delayed regional roll-out that began in March, about 500 firms were invited to take part, but only 80 - representing just 4,000 workers - applied. While unions objected to the programme's omission of workplace risks, employers' organisation had the opposite concern. The Master Builders Association, which has decided not to support the programme, was concerned that at a link between WorkHealth and safety enforcement agency WorkSafe. 'I don't wish to go into the risks... but it's a peculiar idea to co-exist an institution aimed at health (with WorkSafe),' said state executive director Brian Welch. 'Employers are not happy opening up information on staff and so on that may, at some point in the future, lead to prosecution, or act against them at some point on other matters. It just doesn't make sense to us and sets up risks we don't think should be there.' His concerns were echoed by David Purchase, executive director of the 5,500-member Victorian Automobile Chamber of Commerce. Bill Oliver, the assistant state secretary for construction union CFMEU, raised an additional union concern. He said: 'There's a suggestion it's about getting people off WorkCover (injury benefits) early.'
Australia: Go-ahead for national safety law
Australia is to move to a national system of workplace safety laws after state and territory governments agreed to harmonise their laws in a move designed to reduce business red tape. Unions have criticised the changes, with Jeff Lawrence, secretary of the national union federation ACTU, saying they would 'significantly undermine protections' for many workers. 'It's unacceptable that health and safety standards would go backwards.' Standards would not improve, Mr Lawrence said, without unions being able to prosecute for breaches of health and safety laws. 'We are also concerned that some of the rights and powers of union representatives and health and safety officials will be reduced under the recommendations.' Mr Lawrence said the Council of Australian Governments had earlier provided a 'clear commitment' that through national laws, standards would be improved. Victorian Trades Hall Council (VTHC) secretary Brian Boyd said unions had wanted from a Labour government the 'best possible legislation', and that was not guaranteed. The changes do not endorse key elements sought by the unions, but that have been strongly criticised by business. These include a clear onus on employers to provide a safe workplace, a requirement that the burden of proof in any prosecution must lie with the employer, and that unions should be able to initiate a safety prosecution.
Europe: Victory on working hours for drivers
Europe's transport unions have won support for safe driving hours. The European Transport Workers' Federation (ETF) applauded the European Parliament's decision to reject a proposal on a revised working time directive for road transport. The decision follows a concerted campaign by the federation and its affiliates against extended hours. Now the European Parliament has voted against a proposal, put forward by the European Commission, that aimed to lift any working time restrictions for self-employed professional drivers. The decision is set to have a number of benefits, including eliminating the prospect of an 86-hour working week for certain categories of professional driver and preventing social standards in the sector from reaching a new low. It will also enhance safety on European roads and safeguard the health and safety of all professional drivers. 'The ETF was fully determined to see the rejection of this proposal, which would have had an adverse impact on road safety and on the drivers' profession,' said Eduardo Chagas, ETF general secretary. 'For us, there was no compromise on this issue. An 86-hour working week would have indeed been a false gift for self-employed drivers, but a real gift to some within the industry. Drivers are qualified professionals, whose skills are key to public safety on European roads. It's about time their value was recognised!'
Global: World Bank says avoid asbestos
The World Bank, which finances massive building projects across the globe, has said asbestos-containing materials (ACM) should be avoided in all its projects. The new World Bank document, 'Good practice note, Asbestos: occupational and community health issues', says: 'Good practice is to minimise the health risks associated with ACM by avoiding their use in new construction and renovation, and, if installed asbestos-containing materials are encountered, by using internationally recognised standards and best practices to mitigate their impact.' It adds: 'In all cases, the Bank expects borrowers and other clients of World Bank funding to use alternative materials wherever feasible.' The guide outlines the health risks related to exposure to asbestos, lists resources on international good practices to minimise these risks, and describes some of the available alternatives to asbestos-containing products. The World Bank guide says asbestos 'should be avoided in new construction, including construction for disaster relief. In reconstruction, demolition, and removal of damaged infrastructure, asbestos hazards should be identified and a risk management plan adopted that includes disposal techniques and end-of-life sites.'
- BWI news report. World Bank asbestos good practice guide [pdf].
Resources
Get your Hazards now!
The latest edition of the multiple-award winning workers' health and safety journal Hazards is available now. It features a stinging rebuke for the British Chambers of Commerce, who it says 'rigged' cost figures to make health and safety regulations seems like a burden. It also gives advice on the health risks of shiftwork and how to avoid them. On top of this, there is the usual mix of news and resources. Hazards was the only magazine and the only UK entry to feature this year in a US list of the world's top 50 most influential contributors on occupational health and safety.
- Hazards magazine. For further information, contact Hazards, tel: 0114 201 4265.
Green jobs aren't necessarily safe jobs
While politicians worldwide are all waxing lyrical about the wonders of green jobs, few are actually giving any attention to the workers who will end up doing them. Recycling, for example, is one of the UK's mostly deadly industries. And this includes high tech industries - computer and TV recycling exposes workers to lead and dozens of other toxins. Luckily, workplace safety experts in the US are pressing to make sure green jobs are also safety jobs.
- Silicon Valley Toxics Coalition 'Green jobs platform'. Labor Occupational Health Program Health and safety and green jobs guide. NYCOSH 'Are green jobs safe jobs' presentation and 'Green buildings, green jobs' presentation.
Events and Courses
TUC courses for safety reps
COURSES FOR APRIL TO JUNE 2009
Northern, North West, Southern & Eastern, Yorkshire & Humber, South West, Midlands, Scotland, Wales
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 (5,200 words) issued 22 May 2009
