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Risksissue no 97 - 15 March 2003 |
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Editor: Rory O'Neill of Hazards magazine. Comments to Owen Tudor CONTENTS
Risks is the TUC’s weekly online bulletin for safety reps and others, read each week by over 6,500 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 statement. The TUC website lists future health and safety events in What’s On - new events are covered below. UNION NEWSCorporate killing is bad businessThe TUC, campaign groups and MPs from the three main political parties have called on the government to honour its 2001 election manifesto pledge to introduce a corporate killing law. A corporate killing briefing, published by the TUC, the Centre for Corporate Accountability and Disaster Action says good employers have nothing to fear. Brendan Barber, TUC general secretary elect, said: 'A law against corporate killing will be good for business, good for safety and good for workers and members of the public whose lives are currently being put at risk.' He added: 'This is not an anti-business issue, it’s anti-bad bosses. Good employers have nothing to fear and a great deal to gain. We welcome the support that we have had from business leaders who know that it’s in no one’s interest for bad bosses to get away with shoddy safety systems.' Andrew Dismore MP, whose all-party early day motion calling for a corporate killing law (Risks 95) had already attracted 79 signatures by 14 March, said: 'It’s time parliament debated corporate killing. I hope the government will give a clear indication of what they will do to implement the manifesto commitment.'
Deregulation costs lives, warn rail unionsThe headlong rush to deregulate railways around the world must not be allowed to jeopardise any more lives of passengers and rail workers, the global transport union ITF has warned. It said its worldwide day of action for railway safety on 14 March, involving 50 rail unions from 45 countries, was to press its 'Safety first' message. In the UK, scene of a number of serious railway accidents since rail deregulation, rail unions ASLEF and the RMT conducted a wreath-laying ceremony at the tree planted two years ago outside London's Euston station to commemorate those passengers and workers killed or injured on the railways. ITF’s Mac Urata said: 'Governments must take full responsibility for enforcing safety standards on their railways and must include the unions in establishing safety regulations. Otherwise there will be more tragic accidents and more lives lost.' ASLEF called for investment in safety, legal limits on train drivers’ hours and a reversal of the government’s sub-contracting policy. RMT said the lesson of rail privatisation in the UK was that 'profit and safety do not mix.' A letter from white collar rail union TSSA to Transport Secretary Alistair Darling says it 'is vital that more emphasis is placed on transport safety, and the needs of passengers and of the staff.'
Reinstate train safety role or we walk says train unionRail union RMT has given train operators one week to accept the vital safety role of the train guard or face the prospect of strike action. RMT general secretary Bob Crow said: 'RMT members around the country are angry that the operators and Railway Safety have already cynically walked away from one agreement on what is a serious safety issue. They will not allow that to happen again. We already have an agreement with eight operating companies, and there is absolutely no reason why the others should not now honour the commitment they made in 2001 and abide by the outcome of an independent risk assessment.' The union says the role of the guard has being downgraded to a 'glorified Kit Kat seller.' This has been denied by rail companies and Railway Safety, the body responsible for safety in the industry. Survey shows academics are demoralisedA survey conducted for university lecturers’ union AUT has found staff are demoralised, with 81.7 per cent reporting work impaired their quality of life, 72 per cent dissatisfied with their pay and 62 per cent suffer from 'excessive' workplace stress. Almost half (46 per cent) said morale had worsened over the last two years, while 26.9 per cent said they were 'fairly seriously' contemplating leaving higher education. AUT general secretary Sally Hunt said: 'This survey should start a few alarm bells ringing in government circles, as it clearly shows that university staff are feeling underpaid, stressed and de-motivated. The government wants the UK’s university staff to implement its reform agenda and yet most of them feel ignored and undervalued.' OTHER NEWSGroups repeat call for smoking curbs at workThe government is facing renewed calls from union, public health, medical and campaign groups to stamp out passive smoking at work. The Chartered Institute of Environmental Health (CIEH) says it will use a 9 April 'Don’t choke on the smoke' conference, organised jointly with TUC and anti-smoking campaign ASH, to reiterate its long standing call for the government to adopt the approved code of practice on passive smoking at work recommended by the HSC four years ago. Andrew Griffiths, CIEH director of technical policy, said: 'The CIEH is concerned that four years on the government has still not adopted the approved code of practice on passive smoking at work. Public health is being put at risk while the government prevaricates on this serious issue.' The British Medical Association has also signalled its support for workplace smoking bans. Dr Sinéad Jones, head of the BMA's Tobacco Control Resource Centre (TCRC), said: 'The evidence is clear - passive smoking kills. Yet despite the overwhelming medical consensus, the government is still failing to protect vulnerable workers. We demand immediate action to tackle this serious problem.'
Woolf says no to spies at the doorInsurance companies must think twice about sending private investigators incognito into the homes of compensation claimants, after one company was castigated by the lord chief justice, Lord Woolf. Insurer Zurich, defending a claim against Warwick University by an ex-employee, hired a private investigator to impersonate a market researcher, gain access to the claimant's house and secretly videotape her. Last month the appeal court strongly criticised Zurich. It was 'improper and not justified', said Lord Woolf, adding the insurer's motivation to achieve a just result 'does not justify either the commission of trespass or the contravention of the claimant's privacy which took place'. To discourage such tactics, now widely used by insurers trying to discredit compensation claims, Lord Woolf ordered the company to pay the costs of the application. A spokesperson for Zurich said the company now realised the practice was unacceptable and required its agents to sign up to a voluntary code of conduct agreeing not to use it. Snooping in the workplace, including video and electronic monitoring, is becoming more widespread and has been linked to worker depression, anxiety, fatigue and strain injuries. Employers must act on violence says HSEThe HSE says employers 'must assess the risk of verbal and physical violence to their employees and take appropriate steps to deal with it.' In its report of a December 2002 HSE conference held at the TUC, its says these steps might include: providing training and information; better design of the working environment, such as providing physical security measures; and better design of the job. Recording incidents of verbal abuse and physical violence can help employers check for patterns and so help to predict the type of incidents that could occur, HSE says, adding employers 'must notify their health and safety enforcing authority if any act of non-consensual physical violence done to a person at work results in their death, serious injury or incapacity for normal work for three or more days.' In June 2000, the HSC set a target of reducing the number of incidents of work-related violence by 10 per cent within three years. INTERNATIONALChina: Massive explosion rips through chemical plantAn explosion at a chemical factory in Nanhai City, southern China has killed at least five people and injured 23 others. The 10 March blast created a pit estimated to be 60 metres wide and 4 metres deep. It is believed that all the workers involved were migrants. China Labour Bulletin reports that Nanhai City has a poor safety record, and hit the headlines in 2000 'when the widespread use of low-quality benzene and formaldehyde resin in factories, along with hopelessly inadequate or non-existent protective measures, led to the biggest reported outbreak of industrial disease in China since 1949.' Many employers reportedly refused entry to the inspectors investigating the outbreak, and in some cases took their workers for hospital tests themselves and allowed only those with a clean bill of health to take part in the official tests. Global: Trade controls move on asbestos and chemicalsAn international list of chemicals subject to trade controls should be expanded to include all forms of asbestos, three additional pesticides, and two organo-lead compounds, a top level committee has said. The recommendation from a committee of government appointed experts says the substances should be added to the list covered by the Rotterdam Convention. This international treaty requires exporting countries trading in a list of hazardous substances to obtain the 'prior informed consent' of importing countries before proceeding with the trade. Although the convention has yet to take effect officially, governments have as an interim measure agreed to apply the treaty's prior informed consent (PIC) provisions on a voluntary basis. Twenty-six pesticides and five industrial chemicals are already subject to the interim PIC procedure. The latest recommendations will be considered by an intergovernmental negotiating committee in November. Global: Work stress is a prescription for violenceVerbal violence and abuse in the health care sector is linked to stress in the workplace, a new international study has shown. Canadian researcher Katie Ricker, whose study was published in the March issue of The Journal of Health Policy, said that of 9,000 nurses surveyed in 1998 and 1999, one in five reported having experienced more than one type of violence - physical assault, threat of assault, emotional abuse, verbal sexual harassment and sexual assault - within the previous five shifts worked. The five-nation study, including Canada, United States, England, Scotland and Germany, explored workplace environmental issues in nursing, and is the first large-scale survey of its kind. Ms. Ricker says nurses who reported inadequate staffing levels on their watch were more likely to report that they had experienced abuse. 'It certainly points toward stress being a predictor of workplace violence and it's certainly a fairly logical jump to make a connection between the two,' she said. 'It points to the need to have adequate levels of staffing and resources so that nurses can spend enough time with patients, and stresses the importance of good working relationships between nurses and doctors.' South Africa: Asbestos deal won't bring back the deadAsbestos victims’ organisations and unions have reacted to compensation agreements with Cape plc and Gencor with a mixture of anger and relief. 'Indeed, no amount or settlement can repair the damage of lost and broken lives,' said a statement from South Africa’s National Union of Mineworkers, adding: 'But this will go a long way in bringing finality to this atrocious chapter in their lives.' British multinational Cape plc, which reneged on an original £21m compensation deal agreed in 2001 (Risks 72), has now agreed to pay £7.5m to 7,500 claimants. An additional £3.21m will be paid to Cape claimants who were also exposed to asbestos by South African company Gencor. Action for Southern Africa (ACTSA) head of campaigns Aditi Sharma criticised Cape’s 'petty battle' at the expense of victims, adding: 'Since the last agreement of December 2001 alone, more than 200 claimants have died. Nothing can ever compensate for this loss.' Gencor also reached a separate £37.6m compensation settlement with South African asbestos miners. The deal, the largest settlement in the country's history, is reported to be the first where black mineworkers have won compensation from a South African company, rather than a foreign one. TUC general secretary elect Brendan Barber said: 'This is a very welcome settlement. It's the closure of another sorry chapter in the history of asbestos, the damage it has done to workers throughout the world and union efforts to secure compensation for its victims.' USA: Courts cautioned on asbestos liability rulesThe US Supreme Court has warned against abusive asbestos litigation but ruled by a narrow majority that courts should resist the temptation to rewrite liability rules just to tackle the crisis over asbestos lawsuits. The court said that railway workers may recover damages for 'genuine and serious' fear of developing asbestos-related cancer in the future even if they currently suffer only from asbestosis, a debilitating scarring of the lungs caused by asbestos. The US compensation system has been straining under the volume of claims, a problem exacerbated by large payouts to the 'worried well,' workers with a history of asbestos exposure but without life-threatening illness. The five justices who formed the majority in the five-to-four ruling acknowledged the severity of the crisis, but renewed their call for a legislative solution. US business groups had hoped the court would use the case to give a clear signal of the need to rein in such litigation. The US compensation crisis has had a knock-on effect on UK claimants who, like Turner and Newall ex-workers, have outstanding claims against US owned companies, many of which have now filed for bankruptcy.
USA: Ship workers say no, no, no to a bottle of pee
USA: Bush embarrassed into action on safetyThe Bush administration says a new enforcement policy will give the safety watchdog OSHA more power to crack down on companies that persistently flout workplace safety rules. The new approach will mean employers could face automatic inspections at all their worksites when an egregious safety violation, for example a fatality, occurs at one. However, the move - which comes after a series of embarrassing press revelations about OHSA’s hands-off approach, even at workplaces known to be serial killers - is too little, too late according to some. Margaret Seminario, director of safety and health for the union federation AFL-CIO, commented: 'The idea of trying to focus on employers who are failing to abate and are repeat violators is not a bad idea. However, what seems to be missing in this policy is enhanced enforcement.' Under the Bush administration, she says, the average fine for a willful safety violation had decreased by 26 per cent, to $26,888 (£16,800) in 2002 - and maximum fines have not been increased since 1991. Others say jail time, not fines, will better focus the minds of dangerous employers. Senator Jon Corzine, Democrat of New Jersey, circulated a letter to other senators last month seeking support for a proposed Wrongful Death Accountability Act, which would increase to 10 years from 6 months the maximum criminal penalty for employers who cause the death of a worker by willfully violating safety laws. USA: It’s enforcement, but not as we knew itThe enforcement-shy US safety agency OSHA has proposed its first employer penalties for strain injury risks, after a 10-month enforcement-free period. Risks reported last month that safety enforcement was 'proving too much of a chore for President Bush’s business friendly administration,' after it failed to act on a vow to make enforcement part of its strategy to tackle strain injuries (Risks 91). The unlucky recipients of OSHA enforcement include nursing home company Alpha Health Services, Inc., which faces three $900 (£560) penalties for ergonomics violations. Metal fabricating company Security Metal Products Corp. faces a proposed penalty of $5,600 (£3,500) for a material handling citation. Under the Bush administration, OHSA has made clear that an advisory function is preferred to enforcement. New OSHA guidance released this week confirmed that nursing homes, which have among the highest strain injury rates of any US sector, will continue to be subject to gentle persuasion rather than enforcement. A statement from service workers’ union SEIU said 'the guidelines provide no sense of urgency and fail to convey the severity of the problem. There is no incentive for employers to follow the guidelines, only excuses for not following them.' RESOURCESWork-related road safetyHSE has created a new work-related road safety section on its website. The safety watchdog says each year about 3,500 people are killed on our roads and 40,000 are seriously injured, adding 'a significant proportion of these deaths and injuries can be connected with work. Accidents involving heavy goods vehicles, buses, company car and van drivers, despatch riders are all examples.' The site includes details of HSE’s work on road-related workplace risks, on employers’ legal duties and case histories and information sources. Remembering Steven ParsonsThe family of Steven Parsons, killed at work on 7 March 2000 aged just 18 years, has created a moving and informative website in his memory. As well as including details of Steven’s accident and subsequent inquest and court cases, the site has useful advice and links on corporate safety crimes and is all the evidence anyone should need for corporate killing legislation. Revitalising in ProspectScientific and technical union Prospect has dedicated the latest issue of its Safety Notes publication to the government’s 'Revitalising health and safety' initiative and explains how safety reps can contribute in their workplaces. GMB guide to new asbestos lawsThe GMB has produced a new guide to the Control of Asbestos at Work Regulations 2002, which it describes as 'one of the most important pieces of legislation on asbestos.' GMB says the key change is Regulation 4, which takes effect in May 2004, and 'which introduces a duty to manage asbestos in non-domestic premises. Anyone with repair and maintenance responsibilities for the premises will need to ensure that asbestos-containing materials within those premises are properly managed, and that information about the location and condition of the materials is passed on to those likely to disturb them.' Work it out - Californian styleDo you need information about your rights on the job? Do you want to know what you can do to make sure your workplace is safe and healthy? Need some facts about workers' compensation coverage? Then Work it out, an online guide from the California Department of Industrial Relations, is a great way to get the message across. Unlike UK safety enforcement agencies, the Californian body oversees all aspects of labour law, so the site includes sections on looking for a job, your rights when working or when injured at work, and your rights if you leave or are fired from a job. 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! Risks 100th edition special conference, 4 AprilRegistration is now open for a special TUC health and safety conference to mark the 100th edition of Risks on Friday 4 April at Congress House. Headline speakers include editor Rory O’Neill, the TUC’s new deputy general secretary Frances O’Grady, and Labour MP Lawrie Quinn who is piloting the Health and Safety (Offences) Bill through the Commons. After the conference, which takes place from 1pm to 5.30pm, delegates are invited to a reception to mark the 100th edition. ‘Don’t choke on the smoke’ conference, 9 AprilThe TUC, anti-smoking campaigners Action on Smoking and Health and the Chartered Institute of Environmental Health are holding a national conference at Congress House to call for the implementation of the long overdue Approved Code of Practice on passive smoking. Registration costs £30 for trade unionists. TUC deputy general secretary Frances O’Grady, National Asthma Campaign chief Donna Covey, former BMA chair Sir Alexander Macara will join MP Barry Sheerman, Baroness Gibson of Market Rasen and Lord Faulkner of Worcester. There will be examples of good practice and a review of the civil, criminal and disability law. More news on union approaches to workplace smoking. 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. TUC general secretary elect Brendan Barber has issued a personal message. 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 Work Hazards Conference, 18-20 SeptemberThe next European Work Hazards Conference, where union health and safety reps and union safety officers, specialists and advisers come together to discuss approaches and strategies, will be held in Copenhagen, Denmark, from 18-20 September 2003. European Work Hazards Network 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 APRIL TO JULY 2003:Midlands, North, Scotland, South East and East Anglia, 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 (4,500 words) issued 14 Mar 2003
