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Risksissue no 134 - 29 November 2003 |
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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 NEWSJust say no… to drug and alcohol tests
A TUC-backed report is warning that the law does not give workers sufficient protection against the increasing use of unjustified and degrading drink and drug testing at work. A panel of experts is about to make recommendations to the government on drink and drug testing at work ( Risks 116 ) and the TUC report reiterates the call for government action on testing which, unregulated, has doubled in the last decade. The 'Testing times' report, published in the latest issue of the TUC backed Hazards magazine, asked UK unions if they had experienced problems with workplace drug testing and discovered serious concerns ranging from 'chain of custody' of samples, to the use of drugs tests to harass 'troublesome' workers. TUC general secretary Brendan Barber said: 'No-one is suggesting that it is acceptable to be high or drunk at work but staff who may have drink or related problems need help not disciplinary action. A policy for identifying symptoms and a programme for dealing with an employee's drug and drink problems is far more effective than random testing.'
Workers lose billions in unpaid overtime
Unions call for jail for workplace killersConstruction unions have renewed their call for jail terms for company directors who endanger their staff by flouting health and safety laws. The appeal came after Murli Thadani and his company, Marketing Exchange for Africa, were handed fines of £99,000 as a result of the New Cleveland Street warehouse collapse, which killed three Hull workmen ( Risks 72 ). Thadani and his firm were also ordered to pay £95,000 towards prosecution costs. Judge Patrick Robertshaw, sitting at Sheffield Crown Court, said he accepted there was no direct link between the health and safety breaches and the deaths of Anthony Laughton, David Jowett and Shaughan Walsh. The families of the victims had been supported throughout the case by unions TGWU, GMB and UCATT. TGWU’s Ian Wood said: 'Only jail terms will get the message through to businesses that they have to look after their staff. As long as these company directors are punished by fines rather than prison sentences, the situation will not improve.' Keith Moore, senior organiser of the GMB in Hull, said: 'Employers ignoring health and safety, which results in fatalities, is no different to somebody killing someone in the street.'
Dismay at further deaths law delay
Union triumph sees flawed ports law dumpedA proposed European Union ports law described by transport union TGWU as 'a charter for privatisation' that 'compromises the safety of our ports' ( Risks 132 ) has been defeated after a lengthy union campaign. A plenary meeting of the European Parliament in Strasbourg rejected the proposed EU Ports Directive by 229 votes to 209. David Cockroft, general secretary for the International Transport Workers’ Union Federation (ITF), described the result as 'a triumph.' He said it was 'a milestone victory, not just for the trade unions and workers who campaigned so effectively against this hopelessly flawed legislation, but also for everyone in the ports and shipping industries who believes in safe ports and social dialogue.' He added: 'This shows that deregulation is not the easy answer to problems in transport industries.' Probation service union agrees asbestos policyThe National Probation Directorate is has launched a nationwide asbestos policy, agreed in consultation with unions. Writing in her weblog, Judy McKnight, general secretary of probation service union Napo, says: 'We think this is a ‘first,’ in being an asbestos policy produced jointly with the unions, addressing the whole of a public sector estate. As such it may be a useful briefing document for other unions.' She added: 'It's also the first policy to come out of the newly established NPD National Health and Safety Forum.' The union enlisted the union and community health and safety advice service the London Hazards Centre to help develop the policy. It says a recent report found that 129 of the 138 prisons in England and Wales contain asbestos. Tube union sets 48-hour 'go-slow' for safetyA Tube workers' union has announced a 48-hour 'go-slow' on London Underground on 8 and 9 December in a row over safety. Members of the Rail, Maritime and Transport (RMT) union voted for industrial action after two derailments near Hammersmith and Camden last month (Risks 133). The union blames the privatisation of maintenance on the network and is calling for safety checks every 48 hours on the track. It says since two infrastructure companies took over responsibility for maintenance and modernisation of the network, operations have been streamlined at the expense of safety. The 'go-slow,' starting at midnight, will involve union members driving at no more than 25 mph instead of the normal 40-45 mph over lines where they have safety concerns. If London Underground does not meet the RMT's demands, the union says it will call another go-slow between 17 and 24 December. OTHER NEWSMedical experts call for public smoking banThe Royal College of Physicians and other leading medical colleges have called for a ban on smoking in public places. In a letter to The Times they said there was now sufficient evidence to prove the dangers of passive smoking but that self-regulation in bars and restaurants has failed to protect the majority of staff or customers. The letter said: 'We believe that the time has come for legislation to make public places smoke-free.' It added: 'As doctors seeing the daily consequences of smoking and passive smoking, we... call on the government to introduce legislation at the earliest possible opportunity.' The letter said a ban should include restaurants, pubs and workplaces, a move resisted by the tobacco and hospitality industries, but strongly supported by TUC, unions and public health advocates ( Risks 113 ). The RCP proposal was welcomed by public sector union UNISON: 'Millions of workers are exposed to tobacco fumes as a result of passive smoking and this had led to hundreds of additional deaths every year,' said UNISON’s head of safety, Hugh Robertson. 'People who are exposed to tobacco fumes in the workplace have no choice in the matter and we think smoking should be treated the same way as any other carcinogen and be removed.'
Jump to it before you jump to itEmployees might be encouraged to take part in warming-up sessions before work in the unlikely event government-funded research proves that they reduce back injuries. Health and Safety Executive backed researchers from Human Engineering, a Bristol-based firm specialising in office ergonomics, have been brought in to examine the evidence for and against. Spokesperson Nick Colford said: 'We just want to see if there is a benefit - we are not sure that there will be one. It could well be that firms would be better off spending their money on desks and chairs, as good ergonomics in the office have been proven to have an effect.' He added that mass exercise sessions might not go down well with the UK workforce. 'It would be hard to persuade many workers to take part in their own time in this country,' he said. A review of workplace limbering up exercises at work, published last year in the British Medical Journal, concluded all the effort was a waste of time, prompting TUC to say 'workers are over-stretched already' and making more employers jump and provide ergonomic workplaces and humane working hours would be a more productive strategy ( Risks 69 ). Death charges tarnish safety awardA company facing court action for alleged safety breaches which could have contributed to a worker’s death has been given a major safety award. Shropshire based JDM Accord was one of only 40 firms worldwide to be given the British Safety Council's 'sword of honour' for 2003. BSC says the award is given to businesses which demonstrate significant achievements and developments in safety standards and practices. JDM Accord's managing director, Ron Buzzacott, said: 'It's a tremendous feat because we work in an industry where health and safety is paramount. We have to minimise accident risks to road users, pedestrians and our own workers at every roadworks site.' The November award ceremony came in the same week the company faced charges at Stafford Magistrates' Court for alleged health and safety breaches relating to an incident where a groundworker was run over and killed during a road repair project in Wheaton Aston, near Stafford, on 31 July 2001. The case was adjourned. New deal to cut truckers' hoursA deal has been struck which will see more than 1,000 lorry drivers get a pay rise - and spend fewer hours on the road. Drivers with Chester-le-Street-based ACC Distribution are to get an 18.5 per cent pay rise over two-and-a-half years, coupled with a huge reduction in working hours. The deal follows new European legislation, due to be introduced in 2005, which will limit the time drivers can spend behind the wheel. The company, which employs 4,500 people and is part of The Co-operative Group, says it is spending 'a considerable sum' on the new deal with members of the TGWU and Usdaw trade unions. But spokesperson Chris Metcalf said big savings would come from reduced turnover of staff and lower recruitment costs. He added: 'This is a landmark agreement, which we feel will be the model for Britain's road transport industry. This is all about protecting our workforce and fitting in with modern working conditions and family life.' Usdaw national officer Sharon Ainsworth congratulated the company for its foresight, and said: 'This agreement is the first of its kind and is incredibly proactive. It will bring significant benefits and improved working conditions for our members.' Nickel still a top cause of workplace skin problemsNickel exposure may cause up to 12 per cent of cases of work-related contact dermatitis, according to a new British study. Hairdressers, bar staff, cooks, nurses, sales assistants, and electronic and general assembly workers are among those affected, says the report, published in the December 2003 issue of the journal Occupational and Environmental Medicine. The researchers analysed more than 22,500 cases of workplace-acquired skin disease reported to two national surveillance programmes. The study found that women were three times more likely than men to be affected by nickel sensitivity, with the highest rate among women aged 16 to 30. Hairdressers suffered the most cases - 24 per 100,000 workers each year - which may be due to their use of scissors, other metal tools and chemicals. They were followed by bar staff (4.7 cases per 100,000 workers), chefs and cooks (4.4) and checkout operators (2.8). The report said: 'European Union regulations limit the amount of nickel released from products which come into prolonged contact with the skin, but some nickel-sensitive patients may still react to this level of nickel exposure.'
Company doc sick-note pilot to start next yearA contentious pilot scheme designed to pave the way for GPs to give up sick-note certification by 2006 could begin by mid-2004. Dr Simon Fradd, joint deputy chair of the British Medical Association's GPs Committee, told Personnel Today that money to be used for the pilots would be available in the new financial year. If successful, the pilots could lead to company doctors and occupational health professionals becoming the first port of call for sick employees. The report says a number of large motor manufacturers are thought to be interested in participating in the pilot, along with a police force, an NHS Plus organisation and at least one other multinational. In April, TUC warned that any shift to company doctor issued sick notes, would only work if staff believed their was 'unbiased and independent advice on treatment' - and that means unions have to be involved in selecting, managing and running workplace occupational health services ( Risks 103 ). Unions are concerned that some company doctors have closer links to the personnel department than the workforce. Design of PFI hospitals contributes to stressArchitects believe the design standard of the first wave of private finance initiative (PFI) hospitals is too low and that not enough has been done to create a positive working environment for nurses and hospital staff. A report from the Commission for Architecture and the Built Environment (CABE) and the Royal College of Nursing raises concerns that the 140 new hospitals the government plans to build within the next 10 years will also be sub-standard. The survey found 100 per cent of nurses and 100 per cent of directors of nursing believe that working in a poorly designed hospital contributes significantly to stress levels. The vast majority believe a well-designed hospital environment is significantly related to patient recovery rates and improves staff morale; but less than 45 per cent of staff believe they exert any influence over hospital design. 'This report is further proof that you cannot separate design from the quality of service,' said UNISON national officer, Margie Jaffe. 'Good design clearly has a positive effect on both patients and staff but with private finance there is never enough time or money to give it the attention it deserves.'
HSE says sites should have designs on improvementsEliminating or reducing risks to construction workers through design is the subject of new practical Health and Safety Executive guides, research reports, new website material and a series of awareness days and inspection activities in coming months. HSE says recent research into construction accidents 'confirms that between 17 per cent and 47 per cent of these accidents could have been prevented or mitigated had the designers taken different choices or actions before construction work started on site.' HSE says the new materials and activities, prepared in conjunction with bodies representing the construction industry and design professionals, include:18 practical guides by designers for designers, which will be available soon on a new www.safetyindesign.org website; new web and print resources for designers; and publicity for a series of 'designer awareness days' and inspection activities. HSE construction chief Kevin Myers said: 'I hope that through continued partnership between HSE and the design profession best practice will become standard practice.'
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INTERNATIONALAustralia: First industrial manslaughter law passedA new law industrial manslaughter law has been passed in the Australian territory that includes Canberra, the home of the business-friendly national government. The move, which has been welcomed by unions, came despite the strong opposition of business and the national government. The Crimes (Industrial Manslaughter) Bill 2002 was passed by the Australian Commonwealth Territory’s (ACT) Labour government - Australia has a federal system, with many laws being set at state rather than national level. Welcoming the first law of is type in Australia, ACT industrial relations minister Katy Gallagher said: 'The government's position is clear - if a workplace death occurs and that death can be attributed to the employer, then the death should be treated with the seriousness it deserves.' She added: 'The challenge for those who oppose this legislation is to convince me that any employer who significantly contributes to the death of a worker through a reckless or negligent act should not be charged with a criminal offence.' Ms Gallagher added: 'Under the current Crimes Act, individuals can already be charged with manslaughter when they contribute to the death of another person. This legislation simply ensures that companies can be held responsible where their criminally reckless or negligent conduct causes the death of a worker.' The legislation will take effect on 1 March 2004. Canada passed a similar law earlier this month ( Risks 131 ).
Australia: Teachers back cleaners’ 'give us time' campaign
India: People's Court demands corporate accountabilityUnions and pressure groups in India are demanding greater corporate accountability for workplace safety, environmental, labour and financial crimes. This month has seen the first in a year long series of 'people's tribunals' on corporate liability and responsibility, bringing together activists, lawyers and trade union leaders. On 22 and 23 November, over 70 workers and members of ten trade unions gave evidence before a panel led by retired judges. The tribunal was organised by the International Campaign for Justice in Bhopal (ICJ) and the Indian People's Tribunal for Environment and Human Rights (IPT). The Bhopal gas tragedy - the world's worst industrial disaster - triggered, for the first time, a serious inquiry on corporate liability and responsibility in India. The interim report containing the tribunal's recommendations will be released on 3 December 2003, on the 19th anniversary of the 1984 Bhopal tragedy. 'Bhopal sent off a very dangerous message to the corporate sector in India - that they could get away with anything,' commented IPT coordinator, Deepika D'Souza.
USA: Chemical plant fined for latest work deathA South Carolina firm guilty of serious safety violations that led to the death of a worker has been fined $350 (£206). The fatality was the third at the plant in six years. The state Occupational Safety and Health Administration fined InChem Corp following the latest incident, the death of contract employee Emerson Sturgil in June. The 70-year-old was an employee of Operatos Unlimited, a firm that hires out wastewater operators. According to the OSHA report, Sturgil was standing on a ladder that was leaning on an over-pressurised carbon filtration canister, which exploded. Sturgil was thrown head-first into a concrete wall and killed. The employer knew, or should have known, that the equipment could be operated at unsafe pressure levels, the report stated. Sturgil's death was the third fatal incident in six years at InChem. Since 1995, the company has been fined about $54,000 (£32,000) by OSHA for safety violations. USA: The chemical industry’s secret toxics defence planA chemical industry covert plan to undermine safety campaigns, including the creation of phony front groups and spying on activists, has been unearthed in a memo obtained by Environmental Working Group (EWG). The memo recommends that the American Chemistry Council (ACC), the lobbying association for US chemical companies, hire a crisis communications firm that promotes itself as the attack dog of the public relations industry to fight back against California’s adoption of laws and regulations that embrace the 'precautionary principle' (PP). The memo recommends to ACC members that they pay $120,000 (£70,000) a year to Nichols-Dezenhall, a Washington-based firm that hires former FBI and CIA agents, to conduct a PR blitz and 'selective intelligence gathering... about the plans, motivations and allies of opposition activists.' The firm would also 'create an independent PP watchdog group to act as an information clearinghouse and criticise the PP in public and media forums.' EWG says the memo was written in July by Tim W Shestek, an ACC lobbyist in Sacramento, California’s state capital.
RESOURCESThe answer to hazards - Hazards
GMB guide to refuse collection hazardsA new GMB guide to the hazards of refuse collection 'attempts to identify some of the hazards involved and look at ways of reducing the risk from these hazards.' The union says refuse collection 'is a very hazardous task,' with risks including vehicles, manual handling, cuts, infections and attacks by animals and members of the public.
EVENTS AND COURSESTUC courses for safety repsCOURSES FOR SEPTEMBER TO DECEMBER 2003Midlands, North, North West, Scotland, South East, South West, Wales, Yorkshire and Humberside COURSES FOR JANUARY TO MARCH 2004South West, Wales Scotland Southern and Eastern East and West Midlands Northern Yorkshire and Humberside 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.Subscribe 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. |
UK workers will put in more than £23 billion of unpaid overtime this year, according to a new TUC report. The TUC said around five million people work an average of seven hours and 24 minutes without pay every week - worth £4,500 a year. The research showed that 150,000 craft workers were averaging an extra six hours a week, worth £3,000, and 70,000 plant and machine operatives were doing an additional five hours 36 minutes of unpaid work, which should give them over £2,000 a year. The TUC has launched an online calculator to show people the hours they should work and what they lose in unpaid overtime. TUC general secretary Brendan Barber said: 'Britons work the longest hours in Europe, and these figures show that much of it is unpaid overtime' ( 
Laws aimed at making it easier to prosecute businesses responsible for deadly safety crimes have been left out of the government's legislative timetable, announced in this week’s Queen’s speech. The move has angered unions, as the government had previously indicated a 'corporate killing' law would be introduced in 2004 ( 
The London Hazards Centre is seeking an advice and training worker. LHC, 'a resource centre for Londoners fighting hazards in their workplaces and communities,' says the job is permanent and part-time (3/5ths full time post), with an annual salary in the region of £27k pro rata. Closing date for applications is Thursday, 18 December 2003. Interviews will be held in January.
Teachers across an Australian state are backing a campaign by school cleaners for enough time to do their job right. The New South Wales Teachers Federation has said it will support the 'Keep it clean- Give us time' campaign by cleaners’ union LHMU. Sonia Minutillo of LHMU welcomed the support. She said: 'Public school teachers - and the cleaners who maintain their schools - are natural allies in a campaign to defend and improve health standards for our students. We believe teachers union members can provide cleaners with the support needed to deliver healthy schools.' She added: 'NSW cleaners working in public schools, and other government sites, have mounted a state-wide campaign to win the respect for their important role in our school community - this is a respect many other workers take for granted.' An LHMU campaign guide notes: 'For the cleaners, fewer hours means rushing to get the job done. Rushing leads to more injuries. Not enough time also means that the cleaners don’t get to do the job as well as they would like.'
The latest issue of Hazards magazine, the award winning TUC-backed health and safety quarterly, is now available. It covers the wrongs-and-wrongs of workplace drugs and alcohol tests, has features on how HSE budget cuts and too little consultation with workplace reps is undermining UK safety standards and has a 'Gene machine' centrepage factsheet on the dangers of genetic screening at work (left). On top of this, the magazine - far and away the most popular source of information for union safety reps, according to TUC surveys - has all the latest news, a photofile on global agriculture hazards and tons of news and resources.Newsletter (4,800 words) issued 28 Nov 2003
