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Risksissue no 83 - 7 December 2002 |
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Editor: Rory O'Neill of Hazards magazine. Comments to Owen Tudor. Order your 2003 Workers’ Memorial Day poster now! CONTENTS
Risks is the TUC’s weekly online bulletin for safety reps and others, read each week by over 5,500 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 and Privacy statement. The TUC website lists future health and safety events in What’s On - new events are covered below. UNION NEWSSafety should not be a barrier to disabled workersWorkplace health and safety risks should never be used to justify not employing disabled people, a new TUC briefing says. Disability and safety - working together sets out how union members and reps can ensure workplace health and safety policies and assessments do not discriminate. TUC says that despite the legal protection of the Disability Discrimination Act 1995, safety measures designed to protect staff from harm are often wrongly used in a way that excludes disabled people from the workplace. Health and safety law requires employers to make reasonable adjustments to remove workplace health risks for a disabled staff member, rather than simply remove or exclude the staff member. John Monks, TUC general secretary, said: 'Safety is a poor excuse for discriminating against disabled people and it is not allowed by the law. The law requires employers to remove the risks to people, not remove the people who may be at risk.'
Work deaths must be investigated in public inquestsThe TUC is calling for a revamp of the inquest system to ensure work-related deaths do not go unrecorded and their causes are fully investigated. Last rights?, the TUC’s response to a government-convened review of the inquest system, rejects a proposal from the Coroners Review Team to end automatic inquests into workplace or road traffic fatalities. The TUC position is supported by HSE, victims’ rights groups and unions (Risks 82). Other TUC recommendations include the creation of a national coronial database of inquest verdicts, to allow trends to be spotted and hidden causes of death identified. TUC says it has 'serious concerns' about the implications of a verdict of 'accidental death', because so many are not accidental. It says a verdict of 'death while under a duty of care' would be preferable. Phoning, texting and driving don’t mix, says TUCThe TUC is calling for a law against using mobile phones while driving. Replying to a Department for Transport consultation, TUC says it supports the government’s plans for a ban, and wants texting and the use of hands-free equipment banned too. The TUC submission says: 'an offence of causing or permitting such uses should be included, to cover employers who expect their employees to use mobile phones or be available while driving.'
Shopworkers face daily terrorThousands of UK shopworkers are living in fear of physical attacks and verbal abuse, with attacks now occurring once every hour of every working day. A report from retail union Usdaw reveals nearly half of those surveyed by the union had taken time off because of workplace violence. The findings of the Voices from the frontline survey were announced at a 2 December conference hosted by the TUC. Usdaw deputy general secretary John Hannett, said: 'The report reveals the terrifying extent of physical violence in the stores and the daily problem of verbal abuse.' The union says the report and a new union video add weight to the union's Freedom from fear campaign. Almost half (47 per cent) of those surveyed reported physical attacks or assaults on staff in the last 12 months and 72 per cent reported staff being threatened with violence. In one in four stores threats were a weekly occurrence. Three out of every four workers surveyed said they are very or fairly worried about being physically attacked.
Unions give HSE a leg up on ladder safetyThe HSE has joined forces with building union UCATT, Amicus AEEU and industry body the Electrical Contractors Association (ECA) in a pilot project aimed at reducing fatalities and injuries due to falls from height. Some 40% of fatal and major injury accidents experienced by electrical fitters are falls. The same statistics show a rate of 24% for maintenance fitters. The most common agent involved in falls accidents to both groups is ladders. The joint initiative involves toolbox talks providing information about ladder safety, and the distribution of an ‘angle-aid’ card to remind ladder users about general ladder safety and how to position their ladders properly. George Brumwell, UCATT general secretary Health and Safety Commissioner responsible for the HSC Falls from Height Priority Programme, said: 'I am only too aware of the appalling injuries and needless loss caused through falls at work. The problem is so big that it is essential for all stakeholders to do whatever is necessary to improve the situation. UCATT is one such major stakeholder, and I am pleased that we have been able to work together, with others, to pilot this joint initiative.'
Deaths prompt renewed TGWU call for law on corporate killingThe Transport and General Workers' Union has reiterated its call for a new law on corporate manslaughter. The TGWU push came as a property development company, Marketing Exchange for Africa Ltd., and its managing director, Murli Motiram Thadni, faced the courts on charges relating to the April 2000 deaths of three construction workers (Risks 55). TGWU’s Bob Blackman, speaking ahead of a Hull demonstration organised by the union to coincide with the court case, said: 'Those deaths shook the local community and led to calls for action. Now it is for the courts to hear all the evidence and make its decision.' He added: 'We will continue to campaign for changes in the law to provide for corporate manslaughter until we see a real culture change in the industry which puts the safety and welfare of building workers first and profits second.' The case against the company and Murli Motram Thadni, who refused to enter any plea, was adjourned. UNISON issues the party linePublic sector union UNISON says employers should recognise that staff will want to socialise more at this time of year, and should make arrangements so that work can be safe and sociable. The union says companies should look at the timing of social events and should consider spreading the seasonal cheer by giving time off for staff. UNISON’s Hugh Robertson says that the employers have a duty to ensure workers do not present a safety risk to themselves or others, adding: 'Employers should negotiate simple guidelines making it clear that being under the influence of drink and drugs at work is unacceptable, but at the same time make arrangements to allow people to enjoy themselves away from the actual workplace.' Firefighters strike off, demo onThe firefighters’ union FBU has decided to call off their planned strike this week to hold pay talks. The union warned however that a quick resolution of the dispute was a safety priority. Dave Patton, the FBU's head of health and safety, said fire cover provided by the military during the strike has been 'appalling'. He added: 'We in no way blame the troops for this, but we're criticising the fact that the government is pretending it's got a fire service or even reasonable fire cover.' The TUC is backing a 7 December demonstration in support of the firefighters.
OTHER NEWSLast hurdle to asbestos law overcome in the LordsA Tory-led House of Lords rebellion against forthcoming asbestos safety laws has fizzled out, leaving the way clear for the TUC-backed regulations to take full effect. An 11th hour proposal to scrap the Control of Asbestos at Work Regulations (Risks 82) was withdrawn after a House of Lords debate on 5 December. The HSC’s regulations were backed by the Government, Liberal Democrats and former Tory health and safety Minister Lord Forsyth. Employers will now have to identify asbestos in their premises, and develop a plan to manage the risks that the asbestos represents, with safety rep involvement at every stage. Tory peer Baroness Noakes withdrew a motion calling for further research in return for a government commitment to review the regulations in a year. Lord Onslow, who admitted to having been 'clobbered' as a Lloyd’s name caught up in the asbestos insurance debacle, withdrew his motion to scrap the regulations.
Britons want more health and safety, not lessSafety is not getting enough attention in Britain, but you might end up branded a troublemaker if you say so, a new survey suggests. HSE says the first ever health and safety module within the British Social Attitudes Survey shows half of those questioned (49 per cent) believe not enough attention is paid to health and safety at work in Britain, with 42 per cent saying that the amount of attention paid was about right and only 4 per cent saying it was too much. More than one in eight (13 per cent) believed that they would be seen as a troublemaker if they reported a health and safety problem at work. Health and Safety Commissioner Maureen Rooney, also a member the TUC general council, said: 'The people who say Britain is a nanny state are out of touch. People in Britain want their health and safety protected by the HSE and by their trade unions. That means clearer responsibilities for employers, clearer rights for workers and safety reps, and tough action against people who break the law. We need more money for the HSE, more support for safety reps and new laws on corporate killing.'
Stressed staff want legal protectionA poll by personnel professionals’ organisation CIPD has revealed that a quarter of workers think their job is very stressful. The survey of 1,000 employees found more than three-quarters want legislation that will tackle stress. The CIPD report concludes: 'There is surprisingly high support for legislation in a range of areas of social policy at work. Given the apparent problems in reducing workloads and working hours, it may well be that legislation is the only route likely to lead to some sort of change and to linked improvements in work-life balance and general health and wellbeing.' CIPD’s Mike Emmott said: 'These negative results arise from managers’ failure to create a climate of trust and an over-rigid style of management which discourages innovation.' The survey found stress levels are much higher in the public than the private sector. The highest stress levels are in the NHS (38 per cent) and local government (30 per cent) compared with 21 per cent in the private sector.
HSE publishes report on Selby crashAn HSE report has confirmed that the Selby train crash was caused by an overtired car driver and not by staff error or equipment failure. The report follows the jailing for five years of Gary Hart, whose vehicle stopped on rail tracks when he allegedly fell asleep at the wheel, leading to a derailment and ten deaths (Risks 32). The report into the incident at Great Heck near Selby confirms the industry inquiry's findings that there were no track, signalling, maintenance, rolling stock, staff competence or other infrastructure defects which could have contributed to the incident. Train driver John Weddle, one of four rail staff killed in the collision, was honoured posthumously by train operator GNER.
Disaster centres plan for smallpox attackHundreds of key medical and Ministry of Defence staff are to be immunised against smallpox over the next two months as officials identify property that could be commandeered for treating victims, vaccinating their close contacts and housing at-risk people who refused to be innoculated. Health minister John Hutton said while there was 'no evidence' of a smallpox threat, it would be 'prudent' to be prepared for a biological attack. He said: 'We have no evidence of a specific threat of a smallpox attack on the UK. However it is sensible and prudent to ensure that the NHS can deal effectively with any deliberate release of biological agents, including smallpox.' Plans to vaccinate US health workers against smallpox have been met with concern by unions and disease control experts. Health union SEIU says the plan could be a public health and workplace hazard.
INTERNATIONALAustralia: Unions vow to fight for corporate killing lawA rift has emerged between the re-elected Labor government in the Australian state of Victoria and unions over industrial manslaughter legislation. Labor had supported the law in the last session of parliament, but saw the bill defeated by opposition parties. Now the provincial government has the numbers necessary to push through the law, it says it won’t, preferring to reform occupational safety laws to ensure 'appropriate and proper' penalties. Victorian Trades Hall Council president Dean Mighell said 'the understanding that industrial manslaughter laws were to be reintroduced was one of the major reasons many blue-collar workers swung back to Labour.' Trades Hall secretary Leigh Hubbard said 'there is a national and international campaign to attempt to put a stop to these senseless tragedies and it won't disappear because sections of the business community oppose it.'
Canada: Auto union calls for ban on second hand work smokeCanadian Auto Workers union president Buzz Hargrove has called on all levels of government to take tough and immediate action to ban smoking in all workplaces. 'When it comes to second hand smoke in the workplace, the time for studying and talking is long past,' said Hargrove. He added that the hospitality industry in particular should take note, after a recent payout to an Ontario waitress with terminal lung cancer caused by passive smoking (Risks 75). 'I'm also calling on employers to do the right thing,' said Hargrove. 'Take this poison out of the workplace, if for no other reason than the potential liability you face when workers suffer the ravages of second hand smoke.' In a new study by the Ontario Tobacco Research Unit, 95 per cent of respondents said they support the right to a smoke-free environment.
India/USA: Investors pressure Dow on Bhopal inactionNine major investment firms have told Dow Chemicals its continued unwillingness to accept its responsibilities in Bhopal could bring major problems for the company. In a letter to Dow CEO Michael Parker and chair William Stavropoulos the companies, between them managing assets of $13 billion, warn of damage to Dow's reputation and the undermining of its 'commitment to sustainability.' The letter says: The letter was co-ordinated by Trillium Investment Management. Ex-Union Carbide boss Warren Anderson remains on the run from culpable homicide charges in India (Risks 69). Thousands took to the streets of Bhopal on 3 December, to protest on the 18th anniversary of the disaster. New Zealand: Worst employers to pay moreA special compensation penalty system targeting the most unsafe employers should be in place in New Zealand by April. Labor Department briefing papers say the proposed 'workplace safety evaluation initiative' is intended to 'motivate' employers to improve workplace health and safety. Darrin Goulding of ACC, the official agency managing the official compensation insurance system, said under the new rules it would try to work with the 150 worst employers to improve their accident records and to put better systems in place. A counter call by Paul Winter of the Employers and Manufacturers Association to cut company compensation levies by making injured workers pay for their own medical treatment, was criticised by unions. 'Sadly this is an example of employers never being satisfied,' Ross Wilson of the union federation NZCTU said. 'It's a disgrace that Mr Winter can seriously suggest that workers should pay for the cost of their own treatment of injuries suffered in workplace accidents.' South Africa: Minister promises rigorous safety crackdownLabour minister Membathisi Mdladlana has resolved to increase the protection of South Africa’s workers through advocacy and rigorous enforcement of occupational health and safety regulations. The move follows the closure of several firms and the prohibition orders on the activities of others after raids by labour department inspectors revealed widespread contravention of health and safety regulations (Risks 66). The minister said: 'The surprise inspections that the Department has been conducting on a programmatic basis have raised awareness around occupational health and safety issues. I must emphasise that these raids have been warmly welcomed by workers.' USA: Union warning on smallpox vaccination risksAs President Bush prepares to ask a half million health care workers to volunteer for smallpox vaccinations, a health union has issued a strong warning that without better protections, the proposed plan could put hospital patients, caregivers, and the public at risk. According to recent news reports, the White House is about to announce vaccinations for 500,000 hospital workers nationwide, followed by millions of firefighters, police, and other health and rescue personnel who would be first to respond in the event of an outbreak. 'Health care workers want to be ready to respond in a safe way if a smallpox outbreak occurs,' said Diane Sosne, of the SEIU Nurse Alliance. 'President Bush must put better safeguards in place before anyone is asked to volunteer for the smallpox vaccine.' The US government stopped mandatory smallpox vaccinations in 1972 because the rate of adverse effects, including death. The union is calling for measures to limit adverse effects and protect workers, patients and the public. JOBSUsdaw health and safety assistantShopwork and retail union Usdaw is seeking a health and safety assistant for its Manchester HQ. Principal duties include advising union members and officials on health and safety issues, and assisting the health and safety officer to research, develop and implement policy.
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! International RSI Awareness Day conference, 28 FebruaryThe RSI Association are holding a conference in Nottingham to celebrate international Repetitive Strain Injuries awareness day (the last day of February is the only non-repeating date of the year). Further details from the RSI Association. National No Smoking Day, 13 March'No Smoking Day', the charity behind a 13 March 2003 no smoking day, says there are around 13 million smokers in the UK and nearly 70 per cent are sick of smoking and want to stop. It is urging organisations and individuals nationwide to back the day. Risks 100 conference, 4 AprilA day-long conference celebrating the 100th issue of Risks which will be issued that day, addressing the themes that Risks addresses - union and international news, action and resources. Note the date for now - booking forms will be available in due course. UK stress conference, 12 AprilThe UK National Work Stress Network’s conference will take place on Saturday 12 April 2003 at Hillscourt Conference Centre, Rednal near Birmingham, sponsored by NASUWT. Conference details and flier. International Workers Memorial Day, 28 AprilThis year the theme will be corporate accountability for workers’ health and safety. The TUC will be co-ordinating a series of events around the country. A background briefing on the 2003 theme is available on the page of the TUC website devoted to Workers’ Memorial Day. Order a poster from the TUC (single copies free) or bulk copies at a good price from Hazards Hazards Conference, 5-7 SeptemberThe Hazards Conference will be in London. Margaret Sharkey at the London Hazards Centre is the co-ordinator of the London end of the organisation. You can contact her via e-mail at margaret@lhc.org.uk or on 020 7794 5999. European Week for Health and Safety at Work, 13-19 OctoberThe theme for the Week in 2003 will be 'dangerous substances' (EU Agency press release). The TUC will be stressing the hierarchy of control, and especially the need for substitutes and general toxic use reduction strategies. Key hazards dealt with will include asbestos, asthmagens and solvents. Future years’ themes have also now been decided. USEFUL LINKSVisit the TUC http://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.TUC courses for safety repsCOURSES FOR JANUARY TO MARCH 2003:Midlands, North, North West, Scotland, South East and East Anglia, South West, Wales, Yorkshire and HumbersideSubscribe 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. |
Newsletter (4,000 words) issued 7 Dec 2002
