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Editor: Rory O'Neill of Hazards magazine. Comments to Tom Mellish
CONTENTS
Risks is the TUC’s weekly online bulletin for safety reps and others, read each week by over 8,500 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.
UNION NEWS
NUT wins £86,487 for teacher bullied out of her job
A classroom teacher who was so bullied and harassed by her headteacher that she developed a phobic disorder and depressive illness has won £86,487 in damages plus costs in what the union says could be the first case of its kind. Judge Brian Knight said headteacher Valerie Hughes’ treatment of the teacher, Margaret Menzies, 58, amounted to bullying, harassment and an unacceptable way of discharging her professional duties. The judge said: 'Staff morale was low and Valerie Hughes was unapproachable, unfair in her dealings with the claimant and rude, aggressive and intimidatory in her dealings with the claimant, some children and parents.' The headteacher resigned from the school in July 2001. The judge was also critical of the local authority’s senior primary schools inspector and adviser David Burns who though informed of what was happening to Ms Menzies and its impact on her health, failed to treat the matter sufficiently seriously.
BECTU ensures Sky’s the limit for safety
Staff at a Sky TV studio in London are to benefit from a raft of safety improvements, thanks to action by their union, BECTU. BECTU representatives at Sky Osterley drafted in the Health and Safety Executive to help secure the improvements. Union representatives 'used their local knowledge to contribute to an initiative aimed at London-based broadcasters with the result that the HSE has visited Osterley and has produced a detailed report with recommendations for significant improvements,' BECTU said. BECTU official Sharon Elliott commented: 'Hopefully, this development will mark a turning point in health and safety practice at the site which will be of benefit to everyone concerned. Sky staff deserve to work in a good and safe working environment. BECTU reps have done a great job so far through their liaison with the Health and Safety Executive and we congratulate them.' An HSE inspection report is to form the basis of a two year safety improvement plan at the site.
Union acts on blue asbestos risks
Workers from a Norfolk factory where blue asbestos was found have been warned by their union of the risks to their health. About 80 workers at the Omni-Pac factory egg carton factory in Great Yarmouth turned up to a TGWU convened meeting after experts from the Health and Safety Executive (HSE) said they were concerned that staff could have been exposed to asbestos fibres. The factory was closed on 27 October when the HSE was alerted to a possible problem with asbestos. Inspectors found blue asbestos in lagging materials had been disturbed. TGWU spokesperson Tony Gould, who organised the 16 November meeting, said the mood among workers was one of anxiety and concern. 'The meeting is to advise the members of the union and other workers there of the grave risks that are faced by coming into contact with asbestos,' he said. 'It is the role of the union to let them know about how they might fare in the future and what we can do to help.' Those most at risk had worked closely with the lagging material, he said, adding: 'Ordinary workers in the plant won't be so much at risk unless the material has begun to deteriorate.'
Underground union votes for action over safety
RMT members on London Underground (LU) have voted to take industrial action over safety. The move follows heightened concern over safety after two derailments in October. The action is scheduled to start within 14 days with a series of 'go-slows.' RMT general secretary Bob Crow said: 'Our members have issued a clear mandate for action over safety,' and added: 'We regret the disruption that this will inevitably cause Tube users but we hope they will continue to show understanding that these actions are being taken for safety reasons and continue to support our aim for a safer Underground network.' RMT members voted 55 per cent in favour of strikes. The ballot also showed that 81 per cent were in favour of industrial action short of strikes. RMT's executive will meet in the next few days to decide whether to set strike dates in addition to the go-slow. The union is campaigning for safety checks on the Tube every 24 hours and for all maintenance work to be brought back in-house. It has also published an opinion poll that showed that 80 per cent of the public supported the right of Tube workers to take industrial action over safety.
Tube drivers 'solid' in support of sacked colleague
Twenty-four hour strike action last week in support of a Tube worker and union activist fired while on sick leave was '100 per cent rock solid,' said RMT general secretary Bob Crow. Commenting on the sacking of the London Underground (LU) worker ( Risks 131 ), he said: 'Our members are standing by their colleague because they know that if LU are allowed to treat one worker so appallingly they can do it to anyone. It is one thing to expect employees not to abuse sick leave but it is something else entirely to ignore evidence provided by an employee that he was doing his best to get fit to get back to work.' He added: 'It is a shame that commuters have had to suffer as a result of LU's arbitrary actions, but we hope now that the company will get back round the table with us at Acas if they prefer and sort this out.' He added that the union would consider if further industrial action was necessary.
‘Tis the season to be jolly - got it?
Shopworkers across Britain will face a very unwelcome tradition this Christmas - a surge in crime and genuine fear of being physically assaulted or verbally abused. Shopworkers’ union Usdaw says retail crime doubles in the festive period. In the six weeks from mid-November to Christmas, around 80,000 shoplifters are arrested nationwide while goods worth £447 million are stolen. Usdaw deputy general secretary John Hannett said: 'Christmas is a busy time for shopworkers, but these figures clearly show that thieves increase their activity considerably as well. Shopworkers are on the frontline, facing real danger in the retail workplace.' He added: 'Usdaw is determined that these victims get their voice. The union is committed to working with the police, retailers and the government to achieve greater safety for shopworkers.'
OTHER NEWS
Cape misses court date to avoid payout
The UK-based asbestos multinational that reneged on a compensation deal with dying South African asbestos miners is now trying to evade its North American compensation liabilities. Cape plc is deliberately not turning up in the US courts in an attempt to avoid having to make any payouts should it lose. It believes its non-appearance as a defendant in the US will make any judgments irrelevant because it believes British courts will not support successful American plaintiffs in such cases. 'If any of these plaintiffs in North America, who obtain default judgment against a group company, sought to enforce it in the UK courts, such attempts would be likely to fail,' it states in a report. 'The directors believe in the light of legal advice they have received, that the above mentioned matters are unlikely to have a material effect on the group's financial position.' Analysts at Evolution Beeson Gregory believe Cape has a bright future and rate the shares a good buy. However, earlier this year Cape threatened bankruptcy in a successful bid to reduce a £21 million compensation deal with 7,500 South African asbestos miners and their families to just £7.5 million ( Risks 97 ). Asbestos victims are still waiting for Cape to honour even this deal ( Risks 122 ).
Put down the mobile and walk away from the car…
Road safety minister David Jamieson has reminded motorists that two weeks from now they face a £30 fine if caught holding a mobile phone and driving. The message coincides with a new advertising campaign to remind motorists of the new offence, which will take effect from 1 December 2003. Initially offenders will be subject to a £30 fixed penalty fine, which can be increased to a maximum of £1,000 if the matter goes to court, or £2,500 for drivers of vans, lorries, buses and coaches. The government says you are four times more likely to have an accident if you drive and use a mobile phone. David Jamieson said: 'I urge drivers to remember: missing a call won't kill you - an accident quite possibly could.'
Reid stubs out hopes of smoking ban in public
Plans for a legally enforceable smoking ban in public places are to be abandoned by the government. A report in The Observer says health secretary John Reid has told colleagues that he favours voluntary codes by employers, pub owners and restaurants rather than resorting to legal bans. He is thought to have been backed by Tony Blair, who is also against a legal ban on smoking in public places. The voluntary approach has been dismissed as a 'pathetic failure' and an 'industry smoke screen' by TUC and anti-smoking and public health groups ( Risks 125 ) and the government’s own chief medical officer ( Risks 113 ). Reid, though, has told officials that he thinks voluntary agreements are more flexible and quicker to put in place. 'We are very disappointed that the secretary of state has abandoned attempts to restrict smoking in public places,' said Ian Willmore of the anti-smoking organisation Ash. The anti-smoking lobby has a trump card, however. The European Commission has indicated it may introduce EU wide laws on passive smoking at work ( Risks 123 ).
Safety call for road workers
A coroner is calling for improved safety for road workers after an inquest heard how a man working on a bypass in Shropshire was crushed by a lorry. A verdict of accidental death was returned on 43-year-old Stephen Hayward, from Birkenhead, who was directing traffic when the accident happened in October last year. The inquest in Shrewsbury was told how Mr Hayward was controlling traffic with a Stop-Go board on the A5 Nescliffe bypass. Mr Haywood was standing outside the traffic cones on the road when he was hit by the lorry. Coroner John Ellery said he would be calling for a ruling that road workers should stand behind road cones away from live traffic areas in future. In Australia, a union has introduced and is enforcing its own speed limits at road works ( Risks 122 ).
HSC 'disappointed' at work accident figures
Latest official statistics show Britain’s workplaces remain a dangerous place to be. New figures from the Health and Safety Commission (HSC) show that 226 people were killed in work-related accidents around Britain in 2001/02, 25 fewer than 2001/02), and there were 28,426 major injuries, 415 more than 2001/02. There were 126,004 injuries causing 3 days or more absence from work. The rate of major injuries rose by 1.9 per cent while the rate of less serious over 3-day injuries fell by 2.4 per cent. HSC chair Bill Callaghan commented: 'I am not surprised at these figures - they confirm the size of the occupational health problems we face and that progress on reducing injuries has broadly reached a plateau. I am disappointed that we have still not seen a step-change in health and safety performance.' He added: 'The enforcing authorities - HSE and their local authority partners - cannot do it all. To deliver lasting improvements in health and safety, we must have real commitment from industry - and from many other stakeholders as well.' In 2002/03 HSE issued 13,263 enforcement notices, an increase of 20 per cent on the figure for 2001/02. Safety fines, however, fell significantly ( Risks 131 ), as did the number court actions taken by HSE, down 15 per cent on the previous year.
- HSE 'no change' and new statistics news releases. Health and Safety Statistics Highlights 2002/03 [ pdf format ]. Hard copies of this report are free from the Safety and Enforcement Statistics Unit, HSE, Room 403, Daniel House, Bootle, Merseyside L20 3TW, tel: 0151 951 3864/4600.
- Published earlier: Statistics on fatal injuries [ pdf format ]; Occupational Health Statistics Bulletin 2002/03 [ pdf format ]; and Offences and Penalties Report [ pdf format] .
More die but rail safety record improves, says HSE
Latest official rail safety figures show there has been a reduction in the numbers of collisions, derailments, train incidents, signals passed at danger (SPADs), broken rails, rolling stock failures and cases of vandalism - but fatal injuries have gone up. The Health and Safety Executive’s (HSE) latest annual report on the safety record of Britain’s railways covers the period 1 April 2002 to 31 March 2003, the year that saw the derailment at Potters Bar, which cost seven lives ( Risks 108 ). There was a 'regrettable' rise in the number of people fatally injured, said HSE, and there was little change in the numbers of employee injuries or level crossing incidents, and no change in the number of assaults on railway staff. Commenting on the figures, Shaun Brady, general secretary of train drivers’ union ASLEF, called for the introduction of 'a modern automatic train protection system' and added: 'Sadly it seems that the average of three deaths for track workers each year is to continue. It is a disgrace that poorly trained track staff are placed in such exposed positions. Their employers must undertake adequate training to protect these vulnerable workers.'
HSE wants more 'sharing' for call centre health
A new 'community sharing' approach in the call centre industry could improve its occupational health record and benefit UK industry overall, according to a new report published by the Health and Safety Executive (HSE). It says this first major study of call centre working recommends a far-reaching strategy, which would see employers share information to identify existing problems, assess risks and share best practice. HSE adds that its report, Psychosocial risk factors in call centres: An evaluation of work design and well-being, supports the view that psychosocial issues are a major contributory factor to poor mental health among call centre employees, particularly call handlers. HSE’s Allan Davies commented: 'HSE hope the new research will provide local authority environmental health officers (EHOs) with useful information to help call centre managers and employees overcome some of the psychosocial difficulties and problems they may encounter.'
The UK’s shaky approach to vibration
Workers across Europe are going to get explicit legal protection from vibration risks at work - but the new law will be a watered down version of the original draft after lobbying in Europe by the Health and Safety Commission (HSC). New HSC consultative documents deal with how to implement a Euro safety law on hand-arm vibration and whole-body vibration. The new regulations will specify daily levels of vibration exposure where employers will be required to take action to control risks and where they must prevent further daily exposure. HSC claims 'UK negotiators played a significant role' in negotiating 'a substantial increase in the exposure limit value to a more acceptable and workable level.' An October 2001 TUC briefing called for the whole-body vibration exposure standards to be more and not less stringent than originally proposed, however ( Risks 22 ). HSC also negotiated a delay in implementation of the rules in the particularly hazardous agricultural and forestry sectors, a move condemned by the TGWU as 'disgraceful' ( Risks 42 ). TUC’s Tom Mellish commented: 'HSC has done a disservice to workers across Europe. Instead of listening quite so closely to business, our health and safety watchdog might have been given greater consideration to the thousands of workers suffering disabling vibration-related illness each year.'
- HSE news release . Proposals for new Control of Vibration at Work Regulations implementing the Physical Agents (Vibration) Directive (2002/44/EC) Hand-arm Vibration (ref no CD190) [ online with feedback form ]. Proposals for new Control of Vibration at Work Regulations implementing the Physical Agents (Vibration) Directive (2002/44/EC) Whole-body vibration (ref no CD191) [ online with feedback form ]. Hard copies are free from HSE Books . Deadline for comments, 31 March 2004.
INTERNATIONAL
Australia: Ruling upholds drug testing at work
A West Australia company’s move to implement a 'fitness for duty' policy that involves testing for the presence of drugs irrespective of any impairment has been upheld by the WA Industrial Relations Commission. Senior Commissioner Andrew Beech declared that it was reasonable for Pioneer Construction Materials to conduct urine tests on its employees. The policy had been challenged by unions, who threatened to walk off the job if tests were introduced ( Risks 118 ). Beech acknowledged that randomly testing employees for drugs was a controversial issue and said the issue could be re-visited in the future. 'Testing for the presence of drugs in an employee's urine does not establish whether or not that employee is impaired in the performance of their work,' he said. 'Penalising an employee for having tested positive for the presence of drugs in their urine will always leave open the argument that even though the employee has tested positive for drugs, the employee has not been thereby shown to have been impaired and the penalty is unfair.'
Global: Dirty 15 block asbestos trade ban
Fifteen nations, headed by the world’s biggest asbestos producers, have blocked a United Nations’ supported proposal that would have effectively banned most international trade in white asbestos. Canada, with support from Russia and 12 other pro-asbestos countries, blocked consideration of a proposed United Nations ban on imports of white (chrysotile) asbestos until September 2004. Other countries voting against the proposal were Ukraine, China, India, Indonesia, Zimbabwe, South Africa and Colombia. The United Nations had agreed to consider adding chrysotile to its list of hazardous substances that under the legally binding Rotterdam Convention require 'prior informed consent' before they are imported. Despite a 26:15 majority in support of the move - the 15-nation European Union, the USA, Australia and Chile were among those backing the change - the asbestos producers won a stay of execution for their product. Clifton Curtis, director of the Worldwide Fund for Nature (WWF) Global Toxics Programme said that the meeting’s 'failure to achieve consensus for listing chrysotile risks irreparable harm to the Convention if not reversed as an urgent priority.' He added: 'Chrysotile unequivocally met the Convention's requirements, and those governments opposing its listing blatantly disregarded the treaty obligations.'
New Zealand: Unions call for corporate manslaughter laws
Company owners who show reckless disregard for the lives of their workers should face corporate manslaughter laws, New Zealand’s top union body has said. Council of Trade Unions (CTU) president Ross Wilson was commenting on a case involving property developer Brent Clode and his companies, fined a total of NZ$89,000 (£33,400) following the death of Te Rue Tearetoa on one of their Auckland building sites last year. 'The prosecutor described Clode's actions as ‘reckless in the extreme’,' Mr Wilson said. 'While the CTU advocates a co-operative approach to injury prevention and health protection in the workplace, there are some cases where the full force of the criminal law should be applied. This case may well be one of those. In cases of gross negligence, company principals should not be protected from criminal law by the corporate façade.'
USA: Schwarzenegger axes workers’ compensation
California’s new governor Arnold Schwarzenegger has followed the lead of his Republican president ( Risks 25 ) and made his first act in office an attack on workplace safety rights. Schwarzenegger took an axe to the state’s workers’ compensation budget in a move that has been welcomed by business but that will come at the expense of injured workers. His $11 billion (£6.5bn) cut is on top of a $5 billion (£3bn) cut pushed through in September, and has effectively halved the total compensation budget. During his election campaign, reforming workers' compensation was a major part of Schwarzenegger's business-friendly economic platform. 'It will let the world know that California is serious about improving its business climate,' Schwarzenegger told a packed media conference in Sacramento. However, union representatives hope that the plan could still be quoshed. 'Big plans come and go in Sacramento,' said Tom Rankin, president of the California Labor Federation. 'The labour movement will be here to make sure that injured workers' benefits aren't slashed.'
RESOURCES
Your rights at work - reloaded!
Your rights at work, the TUC's essential on guide to employment rights, has been fully revised, updated and expanded. This second edition contains new sections on pensions, family rights, and surveillance as well as old favourites like health and safety and bullying.
Amicus working time resources
Amicus has backed up its sell-out working time UK tour ( Risks 132 ) with a very useful, concise online working time resource. The union that won the legal case for implementation of the original working time directive in the UK and that proved that long hours are a health hazard, is now intent on ensuring there is an end to the UK government’s opt-out from the 48 hour working week ceiling. The new web resource includes links to recent news coverage on working time and to useful TUC and other resources.
EVENTS AND COURSES
TUC courses for safety reps
COURSES FOR SEPTEMBER TO DECEMBER 2003
Midlands, North, North West, Scotland, South East, South West, Wales, Yorkshire and Humberside
COURSES FOR JANUARY TO MARCH 2004
South West, Wales Scotland Southern and Eastern East and West Midlands Northern Yorkshire and Humberside
Victimised whistleblowers launch, 24 November, London
Victimised whistleblowers - a trade union perspective, a new pamphlet from the London Hazards Centre, 'is a rare opportunity to read about the impact of rail privatisation on train drivers.' The pamphlet is written by trade union health and safety representatives and 'shows that after rail privatisation, the Train Operating Companies introduced 'flexible' working hours for train drivers, which cut their breaks and extended their working day to 11 hours. This led to increases in signals passed at danger - the same issue that caused the disasters at both Southall and Ladbroke Grove.' At the London launch, speakers include Sarah Friday and Laurie Holden, both victimised train drivers and safety representatives; Greg Tucker, an RMT rep who was fired and then reinstated and Alex Gordon of the RMT Executive.
- LHC news release . Book launch, 11.30am, Monday 24 November, 2003. The Exmouth Arms, Starcross Street, Euston, London, NW1.
USEFUL LINKS
Subscribe to Hazards magazine, supported by the TUC as a key source of information for union safety reps.
HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA. Tel: 01787 881165; fax: 01787 313995.
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