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Risksissue no 101 - 12 April 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. ACTIONMPs speak up for Workers’ Memorial Day!Labour MP Michael Clapham has tabled an Early Day Motion (EDM) recognising Workers’ Memorial Day, 28 April. EDM 1052 also calls for extra safety reps’ rights, and stricter penalties on dangerous employers, including prison sentences. The EDM says: 'That this House is proud to recognise International Workers Memorial Day on Monday 28 April; remembers the huge number of people killed in accidents at work and by occupational illnesses like cancer, chronic obstructive pulmonary disease and asbestos-related diseases each year; and commits itself to work for better health and safety at work to prevent death and injury and disease through a partnership approach and the implementation of workplace safety strategies, the recognition of corporate killing, serious fines and imprisonment for breach of health and safety law, and increased rights for trade union safety representatives.' Early Day Motions are a way MPs can signal to the government the depth of support for an issue - so make sure your MP has signed up! Dozens of MPs have already put their names to EDM 1052, including Liberal Democrat Vincent Cable and Conservative Peter Bottomley.
FEATURE ON WORKERS’ MEMORIAL DAYEvents on 28 AprilThe TUC has collected together a huge number of trade union events and initiatives for this year’s Workers’ Memorial Day, and the full list of events - all ten pages - is available on the TUC website in the special Workers’ Memorial Day section. Check it out for an event near you. If there isn’t one, get organising fast, or if you know of one that isn’t on the list, let Hilda Palmer know what you’re doing. Resources for Workers’ Memorial DayThis year the theme is corporate accountability for workers’ health and safety, and Hilda Palmer of Greater Manchester Hazards Centre has put together a detailed briefing on the issues which trade unionists are campaigning around, such as corporate killing, directors’ duties and health and safety fines. There is also a background briefing on the 2003 theme 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. There is also a draft article for use by unions, and a factsheet on deaths at work. For comprehensive, global information on Workers’ Memorial Day 2003 news and resources, see the Hazards WMD webpages. Three time killer escapes with fineA Staffordshire company has been fined £100,000 following the death of a worker who was crushed when a four-ton set of concrete stairs toppled on him. Lichfield-based Bison Concrete Products has three previous convictions in other parts of the UK - including two following fatalities - for which it was fined a total of £79,000 between May 1997 and December 2001, Stafford Crown Court was told. The company was charged with failing to ensure the safety of employees when David Jenkins, aged 55, died in May last year. It was fined and ordered to pay £12,000 costs after admitting the offence. John Cooper, prosecuting, said Mr Jenkins 'took care, great care, for his safety', adding: 'A company employee claimed there was no risk assessment for storing staircases on their edge or the danger of toppling. This particular risk was not identified as a high risk.'
Widow calls for jail time for killer bossesThe widow of a shipyard worker killed at work has backed calls for negligent company bosses to be jailed. Sylvia McClelland's husband, Andrew, died in 1999 after he was struck on the head by a fibre rope that snapped during winching. Cammell Laird (Tyneside) Ltd, which has since gone out of business, admitted responsibility for the accident and was fined £125,000. Mrs McClelland, said: 'I feel like no-one was ever punished for my husband's death - apart from me. There was a fine, but to a business like Cammell Laird, that was nothing.' She added: 'If somebody had been sent to prison I would have felt somebody had been held responsible for his death.' About 250 people are killed at work every year, a figure described by Transport and General Workers' Union national organiser Jack Dromey as a 'national disgrace.' TGWU is demanding that the government fulfil its manifesto commitment to introduce a new offence of corporate manslaughter for company directors. A Home Office spokesperson said: 'We take the offence of corporate killing very seriously. This has been demonstrated in the government's manifesto commitment. However, this is very complex and we must get it right. We are committed to legislating as soon as parliamentary time allows.' Driver and haulage firm boss jailed after fatigue smashA lorry driver who crashed killing a young man after driving for 20 hours without proper rest breaks is beginning a four year jail sentence. Victor Coates, 57, was found guilty at Basildon Crown Court of causing death by dangerous driving and sentenced to four years in prison. His boss Martin Graves, 40, owner of MJ Graves Haulage, was found guilty of manslaughter and jailed for four years. The judge Philip Clegg said: 'This type of offence is like playing Russian roulette with the public.' Lee Fitt, 24, of Colchester, died in December 1999 following the crash on the A12. In February, the Independent Sentencing Advisory Panel said drivers who kill someone because they have fallen asleep at the wheel should automatically face at least two years in jail (Risks 94). FEATURE ON PASSIVE SMOKINGPassive smoking at work kills three people every dayNew research showing 1,200 people in the UK die each year due to passive smoking at work makes an unanswerable case for urgent legal controls on workplace smoking, the TUC has said. A killer on the loose, by second hand smoke expert James Repace, says around 900 office workers, 165 bar workers and 145 manufacturing workers die each year in the UK as a direct result of breathing in other people's tobacco smoke at work. The findings, presented at a joint TUC, Chartered Institute of Environmental Health and Action on Smoking and Health conference, show there are three times as many deaths a year from passive smoking as from workplace injuries. James Repace said: 'This study shows that previous research has seriously underestimated the number of people killed by second-hand smoke at work.' TUC general secretary elect Brendan Barber, calling on the government to quit stalling on a legally binding Code of Practice on workplace passive smoking, said: 'Ministers should stop defending the fug-filled snugs of Britain's pubs, which are proving fatal for bar staff and putting off possible customers. The Code of Practice is sensible and pragmatic, and it's backed by unions and employers. It will protect the rights of non-smokers and smokers alike, and will end the uncertainty about where employers stand.'
Call for restaurant smoking banLighting up in cafes and restaurants across the UK should be outlawed to reduce the numbers of deaths from passive smoking, according to an MP. Gareth Thomas says he believes a strict ban on smoking will also make the practice less socially acceptable and provide a further incentive to people to stub out the habit. His Smoking (Restaurants) Bill has the backing of 70 MPs, plus anti-tobacco groups ASH and SmokeFree London. Mr Thomas, whose bill is due to be read on Monday 14 April, says his main motivation is to reduce the numbers of deaths from passive smoking, particularly among workers. Mr Thomas, MP for Harrow West, said: 'If people want to smoke, I think that's up to them, but I don't think they should be able to do it in a way that has an impact on the lives of those who don't smoke.' ASH spokesperson Amanda Sandford commented: 'The government's failure to tackle passive smoking in the workplace is scandalous. How many more lives are going to be lost before they act?' Curb public smoking in Scotland, says expertAn internationally renowned academic is expected to attack Scotland's record on smoking in public places. Professor Stanton Glantz, of the University of California in San Francisco, is visiting Scotland to show what lessons can be learned from the successful smoking restrictions introduced in parts of America. Professor Glantz was one of the key figures in the battle to introduce California's groundbreaking restrictions on smoking in public places - a move that now has massive support from both the public and businesses (Risks 100). Action on Smoking and Health Scotland chief executive, Maureen Moore, said: 'Smoking restrictions have widespread public support - more than four in every five people want some smoking restrictions - and half of Scots want restrictions in pubs.' The proposals have been backed by Dr Bill O'Neill, Scottish secretary of the British Medical Association (BMA). He said: 'Voluntary agreements prove not to be effective and the only way to protect people from second hand smoke is to create legislation that works.' A Regulation of Smoking Bill, proposed by the Scottish National Party’s Kenny Gibson, is scheduled to go before the Scottish Parliament after the May elections (Risks 92). TUC courses for safety reps on passive smokingAs part of a Europe-wide TUC project on passive smoking at work, the TUC is piloting some new courses for safety reps. Course details and an application form are available on the TUC website. The courses are designed to help safety reps to: share experiences about smoking at work and passive smoking; identify the health effects from passive smoking; find out about legal standards and collective bargaining agreements on the protection of workers from passive smoking; identify steps that employers should take to meet the needs of non-smokers and smokers; and negotiate policies that protect workers from passive smoking. The two-day pilot courses, designed by Peter Kirby, are being held in: Dundee (2 and 9 June), Exeter and Solihull (both 30 June and 7 July), Liverpool (4 and 11 July), Putney (7 and 14 July), Sheffield (11 and 18 July) and Newcastle-on-Tyne (18 and 25 July). UNION NEWSEmployers pay the price for neglecting safetyOver the last 10 years employers have wasted £3 billion meeting the cost of accidents at work and paying people made ill by their jobs, according to a new TUC report. Focus on union legal services for injury victims by Nigel Bryson, says that in 2001 trade unions secured £305 million in personal injury payouts for 39,024 employees whose bosses had not done enough to make their workplaces safe. The report says unions took on 53,222 new legal cases in 2001, up 3 per cent on the previous year. Stress claims continued to be a major issue, with 2,503 new cases started, and 1,029 asbestos cases were opened. TUC general secretary elect Brendan Barber said: 'Union members would prefer an injury free workplace - and if the worst happens they would like to be back at work as fast as possible. When that doesn't happen, they can rely on their union to secure the fairest compensation possible. We would like to work more closely with employers and insurers to make sure accidents are avoided and illness prevented, but until workplaces are safer, we will continue to make sure victims get justice.'
Rig union condemns blanket drugs testsBlanket drugs tests on 350 North Sea rig workers have been condemned by union chiefs. American firm Apache began the urine tests on workers after a parcel of amphetamines was allegedly found heading for one of its platforms in the Forties fields. The oil giant denied the measure was an 'over-reaction' and said its top priority was the safety of workers on the installations. But Amicus-AEEU said its members were furious and warned the measure would create a false impression of a drugs culture in the North Sea. Amicus-AEEU national secretary Danny Carrigan said random drug testing in the past had shown there was no such problem on the rigs. 'We are disappointed this new operator hasn’t spoken to us before it took this drastic action, which we consider to be an over-reaction,' he said. 'We are all working together to make the North Sea a drug-free environment because of the obvious safety considerations.' NUJ says attacks on journalists are 'war crimes'As the death toll of journalists and media workers in the Iraq war moved into double figures, the UK journalists’ union NUJ has condemned the targeting of journalists as 'war crimes.' It says of the deaths so far, 'nearly all' are the result of 'so-called friendly fire.' Two of those killed have worked for the BBC - a translator and a camera operator - and two journalists for ITN. As of 10 April, 12 journalists had been killed and two are missing. 'It seems certain that the media are being targeted,' said NUJ general secretary Jeremy Dear. 'There must be thorough and independent investigations of all these incidents, and those responsible brought to book.' He added that 'the Geneva Conventions require combatants to protect the lives of civilians, yet here we have American forces taking aim at them. These are war crimes. The Americans say they have the most precise weaponry in history. Not all of these attacks can be accidents.' The union leader added: 'Our member Terry Lloyd was killed, and his crew injured, when their clearly-marked vehicle was wrecked by coalition tank fire (Risks 99). This was three weeks ago but there has still been no explanation.'
Security staff beat off one bad ideaGeneral union GMB has called off a strike at Securicor Cash Services after winning substantial safety concessions. Security officers had voted to take industrial action from 14-17 April over plans to reduce cash delivery teams to one person. The union said there was a high rate of risk associated to this occupation, and has criticised the proposal by Securicor to have single-operative units. The new offer 'guarantees only limited voluntary single person routes that must be approved by a union health and safety assessment,' says GMB, which represents 6,000 Securicor workers in the UK. Brian Strutton, GMB national secretary at Securicor, said: 'We are very pleased that the company has seen sense and abandoned their plans to cut all routes to one person working.' The deal includes an improved pay offer of between 15 to 27 per cent over three years, compared to an original offer of 2.5 per cent. GMB will ballot on the new offer and recommend acceptance.
Union reps tackle a new generation of strainsWe all know union safety reps make life safer for people of working age - studies prove it. But three Communication Workers Union reps have gone one step further, and are tackling strain injury risks to school age kids. CWU safety reps Dave Saunders, Ian Hambleton and Les Boston have spent over a year researching a CWU 'RSI and children' website. Another CWU safety rep, web wizard John Cholerton, took on the techie side, and put the site into cyberspace. The reps say: 'The project team members are not doctors, medical researchers, or medical technicians, but are concerned parents with children and grandchildren of school age. As union health and safety officers they are concerned with the health of our future workforce and future trade unionists.' They add: 'This project is looking at a potential global disease that will and could affect all our children in later life.' A survey for the project found that over 9 out of 10 children use computers (92 per cent), but only one in three children or their parents (35 per cent) are aware of possible health risks. Union push for better, safer rural jobsRural workers’ union TGWU says it is at the forefront in protecting the countryside and developing it as a safe and vibrant place to work. Peter Allenson, TGWU’s national secretary for agriculture, said the agenda of last week’s union conference for the sector confirmed the union’s place 'as leading campaigners for change.' He added: 'The TGWU has been making the headlines recently highlighting the rising tide of cheap and illegal meat imports, promoting safety on farms and reining in gangmasters.' Gangmasters are the industry bully boys who decide who does - and who doesn’t - get seasonal and other work on farms. Allenson said other union priorities include a safety code on farms. The union wants children under 16 banned from driving tractors and children kept safely away from working areas. 'We are winning the hearts and minds campaign and putting the case for working people to make our countryside a safe and vibrant place to live and work,' he said. OTHER NEWSScots 999 staff to get assault lawScotland’s first minister has said Labour will introduce a new criminal offence in Scotland to prevent assaults on emergency workers. It wants to create an offence under which those who 'assault, obstruct or hinder' emergency workers, including doctors, can be prosecuted. The law would give courts the power to impose harsher sentences for assaults on emergency workers, as is currently the case with attacks on police officers. First minister Jack McConnell pledged to introduce the legislation within a year of the 1 May Scottish elections. He said the law would ensure those found guilty of abusing emergency staff 'will face the stiffest possible penalties.' Jim Devine of public sector union UNISON said: 'I am delighted. We have to protect nurses, doctors and paramedics from the violence many face while trying to do their jobs.' Council pays out to asbestos widowManchester City Council has agreed to pay a six-figure compensation settlement to the widow of an electrical clerk of works who died from the asbestos-related disease mesothelioma. Manchester City Council admitted it was liable for the 'negligent exposure' to asbestos dust that caused the death of Joseph Martin, who died in November 1998 aged 51. Mr Martin's death from mesothelioma was proven even though there was no inquest at the time. The mesothelioma was not correctly diagnosed during his lifetime, and death was certified without post-mortem and a coronial inquest as required by law. Adrian Budgen, of law firm Irwin Mitchell, who acted for Mrs Martin, said: 'This underlines the importance of a proper and careful investigation where there is a clear history of asbestos exposure.' He added: 'Mesothelioma takes upwards of 20 years to develop and, once diagnosed, people can die within less than two years. Unfortunately, Mr Martin was not the only person to be exposed to dangerous asbestos dust whilst working for the council and we know of other people who have died from mesothelioma as a result of similar exposure.' New rules for young workersYoung people are now protected by law from working excessive hours. The Europe-wide rules took effect in Britain on 6 April, alongside a tranche of family-friendly work provisions. UK law has been amended to meet the requirements of the Young Workers' Directive. Most workers aged 16 and 17 will not be allowed to work more than eight hours a day or 40 hours a week. The new rules also prevent some young people from working at night. The TUC welcomed the changes, but said it had concerns about a number of exclusions, which would effectively exclude one quarter of young people from the ban on night work. The night time rules will not apply to young workers in hospital, care homes, or cultural, artistic and sports activities. Those working in these sectors can work all through the night, providing certain conditions are met. Young workers who are employed in sectors such as retail, catering and hotels will not be allowed to work between midnight and 4am, but can work part of the night. TUC’s Paul Sellars said young people should not be excluded from these safety protections. 'The TUC doesn't think the exemptions are justified. They are totally there for business reasons - and take out about a quarter of young people from being fully protected,' he said.
INTERNATIONALAustria: Sweet music, but not to our earsMusicians in Vienna's Volks Opera are being offered special earplugs, after doctors found that that six per cent of them suffered severely impaired hearing. 'Levels of noise above 85 decibels can damage hearing. When we made measurements, we found that most concerts are over 100 decibels,' said Dr Ulrike Preiml, the company’s physician. The special earplugs dampen sound levels without distorting or restricting the acoustic information. This means that musicians can wear them and still can continue to identify a myriad of sounds. They are shaped to fit each individual musician's outer ear and ear canal and come in three different 'strengths,' acting to filter sound by nine, 15 or 25 decibels. China: Widow beaten for asking about compensationLess than two weeks after the massive explosion at Mengnanzhuang coalmine in Shanxi province, which killed 72 out of 87 miners ( Risks 99 ), an explosion at the Mengjiagou coal mine near Fushun city in Liaoning, has killed at least 25 miners. China Labour Bulletin reports that the families bereaved by this latest blast have being approached at the mine shaft entrance by management and asked to sign a 'take it or leave it' agreement to accept 45,000 yuan (£3,490) in compensation for each dead relative. CLB says it was told by the wife of Li Hongchang, a dead miner - and who also lost her father and uncle in the explosion - that managers ignored frequent complaints about dangerous gas build up. Yan Mingfang, who also lost her husband in the 30 March explosion, was severely beaten by security guards and hospitalised after asking about compensation, reports CLB. Global: Teachers and transport workers call for SARS actionUnions worldwide are continuing to demand measures to protect workers from Severe Acute Respiratory Syndrome (SARS), the flu-type virus that has now killed over 100 people worldwide and affected thousands more. In New Zealand, ASTE, the union representing tertiary education staff, wants its members and students protected from SARS because 'students are arriving from SARS affected areas and are starting English classes within a day or two of arrival.' The union wants to have safety procedures agreed and training for staff, and dismisses the solution offered by the employer - masks - as 'ridiculous.' Three Japanese union organisations, the Airline Pilots' Association of Japan, the Japan Federation of Aviation Workers' Unions and the Japan Federation of Civil Aviation Worker's Union for Air Safety, have called for flights to be suspended to and from areas where the World Health Organisation has issued SARS travel warnings. 'Those in the aviation industry are working amid great anxiety because of the worldwide spread of SARS,' the three bodies said in their petition to government ministries. Global: Prison sentences for ship killersThe owners and managers of a vessel that sank off the coast of Sri Lanka with the loss of 11 crew members have received three year prison sentences. In a prosecution backed by global, Senegalese and French seafarers’ union organisations, a French court handed out the partially suspended sentences after finding the Number One, which sank three years ago, should not have been allowed at sea. ITF, representing the families of the six Ukrainian seafarers who died in the sinking, brought the case together with the ITF member union in Senegal SNTMM, French ITF affiliate CFDT and the French CGT union federation. Nippon Kaiji Kyokai (NKK) was fined US$239,182 (£152,113) for failures in its seaworthiness inspection of the vessel. The owners, managers and NKK have all appealed the court decision. If the appeal fails, the managers stand to serve two years in prison and the owners 18 months. India: Authorities do nothing as silica killsGlass factory workers are contracting lethal lung diseases in Pondicherry, India. A report in the journal Frontline says seven workers from the BILT Glass Containers factory are already dead, and accuses the government and the factory of offering little more than excuses. It says silicosis, a scarring of the lungs caused by inhaling the silica used in glass production, has claimed the lives of seven workers from Villianur and Arumparthapuram villages, near Pondicherry town, in the last eight months, and several others are affected. It adds: 'The Pondicherry government and the present management of the company, meanwhile, wait for the results of an investigation to provide them proof that the illness is the result of exposure to silica, before extending relief or compensation to the affected workers, most of them women.' Durai Arumugam, district secretary of the Centre of Indian Trade Unions (CITU), which is pressing for improvements and compensation for affected workers, says the union told the Labour Department in of the problems at the factory in 1998 and in 1999. He says action should be taken against those who were in office at that time as they failed to respond to the warnings.
Iraq: IFJ says attacks on journalists are 'crimes of war'The international journalists’ union has accused both sides in the Iraq conflict of 'crimes of war' after a series of attacks on journalists and deaths of media staff. The International Federation of Journalists (IFJ) is calling for an independent international inquiry after attacks this week on journalists in Baghdad. Offices of Al Jazeera Television and Abu Dhabi Television were destroyed. 'There is no doubt at all that these attacks could be targeting journalists. If so, they are grave and serious violations of international law,' said Aidan White, general secretary of the IFJ. He added: 'Those who are responsible must be brought to justice.' IFJ also condemned the apparent use by the Baghdad authorities of civilians and journalists as a 'human shield' against attack. IFJ says that 12 journalists and media staff have died in the conflict. On 8 April US forces hit Baghdad's high-rise Palestine Hotel, which houses foreign media, killing one journalist working for Spanish Telecinco, and killing one and wounding three journalists working for Reuters. Another strike shattered the offices of Al-Jazeera Television, killing one journalist and injuring another. Six US media unions have called on Secretary of Defense Donald Rumsfeld to launch an independent investigation into media casualties involving US forces.
RESOURCESAcas bullying guidesArbitration service Acas has issued new workplace bullying guides for employers and employees. The guide for managers and employers says: 'Everyone should be treated with dignity and respect at work. Bullying and harassment of any kind are in no-one’s interest and should not be tolerated in the workplace. This leaflet is designed to offer practical advice to employers to help them prevent bullying and harassment and to deal with any cases that occur. It includes guidelines for the development of policies and procedures.' The guide for employees, which covers much the same ground, also says: 'Let your union or staff representative know of the problem, or seek advice elsewhere, perhaps from a Citizens Advice Bureau, an Acas enquiry point or one of the bullying helplines that are now available by phone and on the internet.' It adds: 'If you have access to a union representative or other adviser, ask them to help you state your grievance clearly, as this can help in its resolution and reduce the stress of the process.'
SARS crisis and the unionsThe international trade union news service LabourStart has produced a dedicated 'SARS crisis and the unions' webpage. It says union responses have varied, with health care unions providing information to their members on how to protect themselves, and some unions in the airline industry calling for bans on flights to countries most affected by the illness. LabourStart’s Eric Lee says: 'It is extremely important that trade unionists, particularly those involved with health and safety issues, be informed. You need to know what other unions are doing and thinking.'
EVENTS AND COURSESTUC COURSES FOR SAFETY REPS - APRIL TO JULY 2003:Midlands, North, Scotland, South East and East Anglia, South West, Wales, Yorkshire and Humberside Only 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! Law enforcement and corporate accountability, 7 JulyGovernment ministers, MPs from all main political parties, trade unions, employer organisations, bereaved families and the Health and Safety Executive are all speaking at the TUC-Centre for Corporate Accountability 3rd joint conference on 'Law enforcement and corporate accountability.' Speakers Include: Rt. Hon. Nick Brown MP, minister for work; Brendan Barber, TUC; Janet Asherson, CBI; Anne Jones, Simon Jones Memorial Campaign; Neal Stone, HSE; Lord Falconer; Home Office minister; Patricia Peters, Institute of Directors; Tony Lloyd MP, chair, TU group of Labour MPs; Ross Cranston QC MP, former Solicitor General; and many more…
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 (5,700 words) issued 12 Apr 2003
