Risksissue no 38 -26 January 2002 |
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Editor: Rory O'Neill of Hazards magazine. Comments to Owen Tudor. LAST CHANCE TO TAKE PART IN OUR FIRST EVER READER’S SURVEY (DEADLINE 1 FEBRUARY) CLICK HERE TO START! CONTENTS
Risks is the TUC’s weekly online bulletin for safety reps and others, read each week by over 3,000 subscribers and 1,000 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 Privacy The TUC website lists future health and safety events in What’s On - new events are covered below. FEATURE - ASBESTOSWhere’s the asbestos?The TUC wants a public register of asbestos in workplaces, homes and public buildings. In a submission to the HSC on new asbestos regulations, the TUC has welcomed the HSC proposals to require employers to survey their buildings for asbestos, but added the public and workers must have a right to know where there is asbestos in British buildings that contain the fatal fibre. TUC general secretary John Monks said: 'Every year, 4,500 people die from asbestos-related diseases in Great Britain, and the main source of exposure in the future will be from the decay and disturbance of asbestos in premises across Britain… We welcome in particular the provisions for union safety reps to be involved in the management of asbestos risks.' He added: 'The protection promised by the new regulations rightly concentrates on those most at risk - workers engaged in repair, renovation and removal as well as workers in the emergency services. But the needs of others, such as the general public and workers in buildings with asbestos present, also need to be addressed.' The public register should be freely accessible, for example on the internet, TUC said.
Insurers refuse asbestos claimsThe insurance company Royal and Sun Alliance is refusing to pay compensation to victims of asbestos dust who worked in the Clyde shipyards. The company has denied claims that the law was broken when it issued insurance certificates to asbestos manufacturer Turner and Newall. Many former employees subsequently developed incurable diseases related to the dust. Lawyers acting for sufferers say that from 1972 to 1977 Royal and Sun Alliance, formerly Royal Insurance, issued certificates to Turner and Newall, excluding asbestosis. They say this was illegal and Royal and Sun Alliance should now pay up. Royal, however, insists it has not broken the law, saying it excluded asbestos-related injury because it was a risk it was not willing to underwrite and Turner and Newall was self-insured against asbestosis. The lawyer for those affected, Frank Maguire of Thompson’s Solicitors, said they had already applied through the courts for documents that would prove Royal was liable. Asbestos compensation is becoming a highly contentious issue worldwide. Companies in the US are increasingly reporting financial difficulties due to the volume of claims.
Victory for asbestos safety row workerAn engineering consultant who lost his job after raising concerns about the handling of asbestos has been awarded more than £40,000 compensation. Making the award, a Glasgow employment tribunal ruled that Cadogan Consultants Ltd was wrong to dismiss Albert Wardle, who had continued to raise concerns about safety and training in relation to asbestos exposure. The warnings followed a serious incident at Perth Crematorium in which staff had been in contact with potentially harmful fibres. MOD 1: Asbestos victim’s right to fightA dockyard worker has won the right to sue for damages over exposure to asbestos, despite bringing his action later than the law would normally allow. John Pope, 60, a former shipwright at Rosyth Naval Dockyard, worked alongside his brother, who died from the asbestos cancer mesothelioma. He submitted his claim years after being diagnosed with asbestos-related pleural plaques in 1997, but said he was so relieved to not have asbestosis he did not take in any other information. His employer, the Ministry of Defence (MoD), had argued the case was 'out of time.' MOD 2: Judgment paves way for forces asbestos payoutsThe High Court has paved the way for compensation claims by members of the armed forces who have previously been blocked from suing the government for death or injury. Mr Justice Keith backed the argument that the current immunity from action is incompatible with rights under the European Convention. The case was brought by Alan Matthews who claims that he developed an asbestos-related illness as a result of asbestos exposure in the course of his work in the Royal Navy. He was employed as an electrical engineer between 1955 and 1968. He says it was not until some time in 1999 that he became aware that his illness was attributable to what he alleges were acts or omissions on the part of the Ministry of Defence (MoD). MoD was given permission to appeal. South Africa: Cape fear for compensationSouth African asbestos victims have an anxious wait for hard-won compensation from London-listed Cape plc. Richard Meeran of Leigh Day & Co, the London lawyer for the South African victims, says Cape signed a settlement agreement last month in "good faith" and adds he has "every expectation" that Cape will meet its liability. However, Meeran concedes there is still a "risk" that Cape plc will go insolvent. Cape has agreed to pay £21 million into a trust fund (Risks 33). The company has still to obtain approval from its bankers and shareholders for the deal. Meeran says if payouts are stalled the matter will proceed to trial. ACTIONRemind your MP to ask for more money for HSEHSE needs at least an extra £35 million for more inspectors and to deliver the government’s Revitalising health and safety strategy. Decisions will be taken soon about the HSE budget, so please urge your MP to sign Early Day Motion 454 calling for extra government resources for safety.
UNION NEWSWorker Safety Adviser pioneers ready to roll!The first ever Worker Safety Advisers will begin training at the TUC's National Education Centre on 28 January. The HSC Worker Safety Adviser pilot is designed to test the effectiveness of providing employers with safety rep-style support in workplaces with no safety reps or representatives of employee safety (Risks 18). The pilot is based in five sectors: small automotive/fabrication; civil construction; hospitality (especially public houses); retail; and the voluntary sector. About 25 workplaces will be covered in each sector. TUC general secretary John Monks welcomed the initiative: "Union safety reps have saved hundreds of lives and prevented thousands of serious injuries. But they can only protect workers who they represent. Worker Safety Advisers could extend that protection to workers across the economy, so we wish these pioneers well. Their task is huge, but vital, and they will have the support of the whole trade union movement in opening a new chapter in the history of union action on safety." Pilot locations are Glasgow, London and the South East, Merseyside and the North West, Midlands, Newcastle and the North East, Scotland's east coast, and South Wales. A further construction pilot may be added in Scotland with help from the Scottish Trades Union Congress (STUC). The findings of the WSA pilot study will be submitted to HSC and Ministers in early 2003. GPMU demands paper mill safety nowThe Graphical Paper and Media Union's executive council has ordered urgent action after two paper mill deaths in two months. The union says the HSE’s three-year nationwide campaign, with a target to cut accidents by at least 50 per cent, has not delivered the necessary improvements. GPMU’s executive council adds: "The council is not happy that it has had to make these statements, but they are necessary if we are to reduce the level of deaths, injuries and suffering faced by GPMU members in paper mills. GPMU members in other industries do not face the same level of risk on a day-to-day basis." The union says 'the disputes procedure will be invoked' in any companies failing to abide by 'immediate action guidelines' agreed between the GPMU and employers’ organisation the Paper Federation. The union wants safety reps to identify problems and says it will back local union efforts to press for safety improvements. Asthma-causing disinfectant withdrawn after union campaignA commonly used disinfectant in the NHS is to be withdrawn after union campaigns and compensation claims highlighted skin problems and allergic asthma and rhinitis. Cidex, made by Johnson and Johnson, is to be taken off the UK market on 1 May this year. Cidex is one of the brand names for glutaraldehyde, used in decontamination units throughout the country and is the most commonly used disinfectant in endoscopy departments. Jon Richards, of the health workers union UNISON, said the move was good news for nurses' health. He added: "We have taken many claims for compensation for nurses who have had their careers needlessly cut short and their lives blighted by asthma and other health problems, through working with glutaraldehyde in operating theatres."
UNISON demands tougher penalties after stabbingHealth service union UNISON has demanded tougher penalties for the perpetrators of workplace violence. The statement came as a patient who attacked a nurse at St George's hospital, South London faced the courts on three counts of GBH. The knife-wielding attacker was apprehended by police in the hospital grounds after stabbing two patients and a nurse. Michael Walker, UNISON regional officer, said: "It is regrettable that a minority in our society seem to find it acceptable not only to carry knives but to use them, even against nurses." He added: "UNISON is demanding tougher penalties for those found guilty of attacking hospital staff. In recent court cases those found guilty of attacking nurses received fines of as little as £30. It is simply not acceptable and nurses won't accept being attacked, as some kind of occupational hazard." Manslaughter teacher waits for verdictA secondary school teacher, who was convicted of the manslaughter of a pupil who drowned while on a trip to France, has to wait until April to hear if his appeal has been successful. Mark Duckworth was given a six-month suspended prison sentence last April by a judge in France. The French teacher had been supervising pupils on a trip to Le Touquet when 13-year-old Gemma Carter got into difficulties in the sea and drowned. Duckworth's union, the National Union of Teachers, says at the 15 January appeal hearing in Boulogne the prosecution agreed that the lower court had "misinterpreted the law.' NUT general secretary Doug McAvoy said: "This case has major implications for whether or not teachers are willing to take children on school trips to France." TGWU airport safety strikeManchester Airport workers belonging to the Transport and General Workers' Union have voted by an overwhelming number to take strike action in the dispute over safety and security. 'The 726 to 153 vote is a very powerful indication that our members are extremely concerned by what is being proposed by the Airport Board," said TGWU regional secretary Dave McCall. He added: "It seems that in spite of all the warnings and all the concerns being expressed by our members and, indeed, our general secretary, Bill Morris, the airport is determined to press ahead with their plans for 'cut-price' security. This vote should prompt them to think again." No dates have yet been set for any strike action. Earlier this month, general secretary Bill Morris defied attempts to gag him on the issue (Risks 36). Humber pilots end safety strikeRiver pilots working on the Humber have agreed to end a strike action prompted by safety fears (Risks 31). The pilots, who guide boats through the Humber estuary, will remain officially in dispute with Associated British Ports (ABP), and will continue to make their own pilotage services available. Captain Steve Holland, chair of the TGWU group representing Humber pilots, said: "Members agreed the strike has achieved its purpose. It has confirmed our commitment to a safe pilotage operation on the Humber and has demonstrated the risks that can arise when our experience and knowledge of the river is not available." OTHER NEWSLack of sleep fazes junior doctorsLack of sleep erodes junior doctors' confidence in their judgments, but not their ability to recognise that they might be wrong, a report in the Postgraduate Medical Journal concludes. The study involved 26 junior doctors from two hospitals in the UK. After a night on call, averaging just under five hours' sleep for the house officers and just over three for the senior house officers, they were asked a range of clinical questions. The authors conclude that although doctors deprived of sleep are more likely to make mistakes, their ability to recognise that they have done so is not impaired. Dr Trevor Pickersgill, chairman of the British Medical Association's junior doctors committee, commented: "The conclusion of this research is clear. Doctors are more likely to make errors if they are sleep deprived."
BP fined £1m for safety breachesBP has been fined £1 million for safety breaches at its Grangemouth plant. The court heard how a steam pipe close to a main road exploded, injuring a woman out walking her dog. Three days later a leak of flammable gas in another part of the plant caused a major fire that led to five BP workers "running for their lives." Sheriff Albert Sheehan said: "Clearly there has been what can only be described as a gross dereliction of the duties incumbent on the accused and there was considerable potential danger to plant operators and members of the public. It was a matter of chance that no more serious accident took place." Passing sentence the judge also said that he had taken account of the fact that BP was one of the largest companies in Britain before deciding on the size of the fine. RESOURCESBullying and stress e-newsThe January 2002 e-newsletter on Bullying and stress e-news has been published, including information on chronic fatigue syndrome, nurse bullying, and links to bullying and stress guidance. INTERNATIONALNorthern Ireland: Minister condemns hospital attackThe Northern Ireland health minister has said the personal safety of staff was put at risk after an attack at Altnagelvin hospital. Bairbre de Brun has condemned an incident at the casualty department in the Derry hospital when a fight broke out between rival gangs. The minister said it was unacceptable that the personal safety of staff and patients had been threatened. "It is absolutely outrageous that people cannot be treated in a hospital situation or work in a hospital situation without being subjected to this type of behaviour," she said. South Africa: Union seeks an audit of mine safetyThe MWU-Solidarity union called on Minerals and Energy Minister Phumzile Mlambo-Ngcuka to conduct a national audit of mining safety as the death rate reached one a day. The move followed a mine accident at Driefontein mine in which five miners were killed. "MWU-Solidarity has pressed hard for higher security measures in the past, and although it is acknowledged that much has been done, the rate of fatal accidents in SA mines, especially gold mines, is still too high," MWU-Solidarity spokesperson Dirk Hermann said. He said that currently, an average of one mineworker died in the industry every day, and about 16 were injured in mine-related accidents. The minister was also asked to organise a national safety conference to discuss the implementation of the audit. USA: Slaughterhouse workers rally for safetyAlleging that lines move too fast and with too few workers, a rally of hundreds of slaughterhouse have called on employer Tyson/IBP to turn its Wallula plant into a model for the nation. Teamsters Local 556, the union that represents more than 1,300 slaughterhouse workers at the plant, held the rally to highlight worker and food safety. Worker safety and food safety go hand in hand, said Tony Perlstein, an organiser for Local 556. Unrealistic work speeds, understaffing and inexperienced workers jeopardise worker safety and can lead to unsanitary conditions, he said. A union survey conducted between April and December 2001, found nearly three quarters of workers had suffered some sort of work-related health problem in the previous 12 months, most saying production speed and understaffing contributed to accidents and injuries in their work area. EVENTSOnly newly announced events, events next week and very important events will be listed here in future. But there is a comprehensive listing of health and safety events on the TUC website - bookmark it for easy reference! About time: TUC conference on working time, 5 FebruaryA TUC conference in London for trade unionists, employers, HR and personnel professionals, academics and policy makers.Keynote speakers: Patricia Hewitt MP, Secretary of State for Trade and Industry and John Monks, TUC General Secretary. The conference will be chaired by Sheena MacDonald. Application form in text and pdf versions. Union members wishing to attend this conference, please contact your head offices which are co-ordinating numbers from each union due to the limited number of places available for this conference. Stop insurers robbing asbestos victims meeting, 8 FebruaryAsbestos victims face debilitating and often deadly disease - and recent moves are robbing them of their compensation as well as their health. Turner and Newall, once Britain’s biggest asbestos company, is insolvent. And a compensation appeal, the Fairchild judgement, could mean many thousands more workers will not be compensated. A public meeting to discuss the crisis has been called by the Bradford, Cheshire, Merseyside, West Yorkshire, Sheffield & Rotherham and Greater Manchester asbestos support groups. Tony Lloyd MP, who worked at T&N, will be speaking, along with trade unionists, campaigners and solicitors who are petitioning the House of Lords. The meeting will discuss a possible lobby of parliament and other action to get justice for asbestos victims. Friday 8 February 2002, 7-9pm, Friends Meeting House, Manchester. For more information see the meeting leaflet and briefing, telephone 0161 953 4037 or email Tony Whitston HSC Advisory Committee on Dangerous Substances open meeting, 14 FebruaryThe ACDS advises the HSC on issues like gas safety, major hazards (eg chemical plants), flammable substances (eg petrol) and explosives. The TUC has four representatives on this tripartite Committee (government-unions-employers). Its first open meeting will take place at HSE headquarters, Rose Court, 2 Southwark Bridge, London SE1 9HS from 10.30am on Thursday, 14 February and will include presentations on the work of ACDS and the policy issues it deals with, plus the opportunity to ask members and officials questions. To register for a place, contact Tarla Patel at or at the above address. International RSI Day conference, 28 FebruaryWork-related upper limb disorders under the spotlight - a national conference organised by GMB in conjunction with Derby City Council and Derbyshire County Council to mark International RSI Awareness Day, 28 February 2002. Venue: Mackworth College, Derby. Agenda and registration form. Further information from Jake Jackson, GMB East Midlands health and safety officer. Workers' Memorial Day 2002, 28 AprilTUC is planning to highlight occupational health, including access to occupational health services, and rehabilitation. Ask your union for details of Workers’ Memorial Day events or organise your own. Hazards magazine round up of Workers’ Memorial Day resources. Hazards 2002, National Hazards Conference, 6-8 SeptemberThe National Hazards Conference will be held in Manchester for the second year running. Further details from Greater Manchester Hazards Centre. There is a financial appeal to keep registration costs down, backed by the TUC. European Week of Health and Safety 2002, 14-21 OctoberNext year’s week will take place in Britain from 14 October, on the theme of stress. USEFUL LINKSVisit the TUC health and safety website or the main TUC website pages on health and safety. See what’s on offer from TUC Publications and What’s On in health and safety.TUC courses for safety repsNEW COURSES FOR APRIL TO JULY:North West East Midlands West MidlandsJanuary to March:South East Wales South West North West East Midlands West Midlands ScotlandFor details of courses in the Northern, Yorkshire and Humberside regions, contact the TUC Regional Education OfficerSubscribe to Hazards magazine, supported by the TUC as a key source of information for union safety reps.What’s new in the HSC/E and the European Agency.HSE Books , PO Box 1999, Sudbury, Suffolk CO10 2WA. Tel: 01787 881165; fax: 01787 313995.DisclaimerAlthough the web links were all checked at the time of posting this bulletin, we are not responsible for most of the websites you will be taken to. Sometimes they are temporarily offline (so try again!) or change so that the links no longer work. Privacy statementInformation provided by you will be used by the TUC for the effective administration of this site and to record user patterns. We will not disclose any details to any third party, except to any service provider managing or administering the site on the TUC’s behalf. We may contact you with details of TUC initiatives, services and products but will never pass your e-mail address or other details to another organisation, other than our service providers for management and administration purposes. |
Newsletter (3,800 words) issued 26 Jan 2002
