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Risksissue no 137 - 20 December 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 NEWSTUC Christmas survival guide
Pick a card, an ecardLeft everything to the last minute? TUC can help. By the magic of the internet you can now send a genuine (OK, virtually genuine) Steve Bell xmas ecard to all your pals. Moments after sending a free workSMART ecard your lucky friend will receive an email, alerting them to the card you’ve lovingly selected and dispatched. You can also preview the card before you send, in case you’ve made some unfortunate naming blunder or a spelin misteak yule regret.
PM told to shut up shops for xmasOver 250,000 people have backed shopworkers’ union Usdaw in calling for a ban on larger stores opening on Christmas Day in England and Wales. Usdaw general secretary Sir Bill Connor and Kevan Jones MP this week presented a petition to Downing Street signed by over a quarter of a million people, calling for legislation to ban stores larger than 280 square metres from opening on Christmas Day. Kevan Jones, Labour MP for Durham North, is to introduce a Private Members Bill that should see legislation introduced in time for Christmas Day 2004 ( Risks 136 ). Sir Bill Connor said: 'A public consultation was launched by the government in April 2003 on proposed new regulation of Christmas Day trading and 97 per cent of respondents supported keeping Christmas Day special, agreeing that larger shops should remain closed.' He added: 'Kevan Jones' Private Members Bill will give MPs the opportunity to pass legislation backing such overwhelming public opinion and we urge them to do that.' TGWU calls for end to child labour on farmsThe union representing rural workers has called on farmers and parents everywhere to support its call for action to ban children from the working areas of farms. The TGWU call came after an inquest in Wales returned a verdict of accidental death in the case of 12-year old Evan Thomas, who died of multiple injuries after a farm tragedy in January this year. The inquest in Llangefni heard the coroner Dewi Pritchard-Jones describe farms as places of work, no different to a factory. Peter Allenson, the TGWU national secretary for agriculture, said the coroner had echoed the constant calls made by the union. The union also wants the law changed to bar under-16s from driving tractors. 'A fatal accident involving a child is a tragedy for the family and the farm and we send our heartfelt condolences,' said Mr. Allenson. 'The coroner was absolutely right to highlight that farms are workplaces in which great care must be taken. We hope there will be a lasting memorial to Evan Thomas, with children not being allowed near dangerous machinery and that under-16s will be banned from driving tractors.' Tube safety strikes planned over xmas periodLondon Underground services will be disrupted on Christmas Eve, New Year's Eve and New Year's Day when drivers walk out over the dismissal of a colleague who was fired while on sick leave. Chris Barrett was disciplined after being spotted by managers played squash - his union RMT however says he was doing this on medical advice to hasten his recovery from an ankle injury ( Risks 133 ). The strike call came this week, after Bob Crow, the general secretary of the union, failed to win reinstatement for Mr Barrett. Mr Crow urged management to go to the conciliation service Acas to avoid the action which, he said, had the full support of drivers. 'Our members are furious that the company has stood by a discredited disciplinary decision and continues to ignore evidence that clears their colleague's name,' he said. 'This dispute is about London Underground failing to apply its disciplinary procedures in an even-handed, transparent and consistent way.' The action will affect services on the Hammersmith and City and Circle lines. Time to change your accident bookThe union Amicus MSF has issued an accident book alert to its safety reps. It says accident books need to be changed by the end of 2003 to comply with data protection laws. 'The Health and Safety Executive (HSE) has launched a new accident book, which will help organisations comply with the Data Protection Act 1998 (DPA),' says the briefing. 'Approved by the Information Commissioner, whose role is to enforce the DPA, it has been revised as most existing accident books store personal details and information which can be seen by anyone reading or making an entry. The previous version, produced by the Department for Work and Pensions (DWP), and other similar books, are not compliant with the DPA, and DWP has given responsibility for the publication to HSE.' The Amicus MSF briefing adds that the Information Commissioner has ruled that businesses must change their accident book to comply with the DPA by 31 December 2003. It says the new book allows for accidents to be recorded, but with an individual’s details held separately in a secure location.
OTHER NEWSSpruced up xmas job centres banned in bauble clampdown
Bus union welcomes new violence guideBus drivers in Britain will benefit from new government guidance to help tackle crime on buses and coaches, says the Transport and General Workers’ Union (TGWU). Graham Stevenson, TGWU national organiser for transport, said: 'Britain's 100,000 bus workers who are members of the TGWU will welcome the clear advice given in the DfT's new booklet.' He added that the union had been instrumental in getting the original guide published and in the production of this version, revised in the light of an increase in violence towards bus workers, including assaults and gun threats. 'Bus drivers are public servants who shouldn’t have to endure the treatment they receive at times,' he said. 'No employee should fear going to work. Better protection for bus drivers from crime is supported by the TGWU. Our bus drivers deserve more respect.'
Draft Euro report backs TUC hours campaign
Report finds almost all firms have liability coverClaims by employers’ organisations and insurers that rises in employers’ liability compulsory insurance (ELCI) premiums have led firms to skip payment of their premiums are unfounded, according to a report for the Health and Safety Executive (HSE). HSE-backed research undertaken by Greenstreet Berman concluded that ELCI compliance was high - nearly 99.5 per cent of those employers surveyed were ELCI compliant. HSE says it had thought there were very low levels of non-compliance - a view shared by the TUC - but commissioned the study after insurance and employers’ groups claimed the number of firms not paying the legally-required premiums was high. A postal survey found over 99 per cent of firms were compliant, far lower level than was suggested by recent surveys by insurer Axa (13 per cent) and the Federation of Small Business (8 per cent), but is in line with compliance survey findings from Aon, the Office of Fair Trading (OFT) and TUC. A separate part of the research found the number of ELCI policies had increased since March 2002. HSE says the study was carried out in agreement with the Department of Work and Pensions (DWP) to help inform the Second Stage of the ELCI Review, a report of which was published on 4 December 2003.
Royal Mail the 'worst company for bullying'Royal Mail is the worst company in the country for bullying harassment, according to its top boss. Chairperson Allan Leighton has said 'staff at Royal Mail are trapped in a macho culture surrounded by mental and physical assault, where workers suffer in a culture of bullying and harassment and where staff have been assaulted including beatings and the use of knifes.' He added: 'There's more bullying and harassment in Royal Mail than in any other company in the country.' Billy Hayes, general secretary of the Communication Workers’ Union (CWU) commented: 'Allan Leighton is right to mount a challenge to bullying and harassment in the workplace. The CWU fully supports the company in backing a campaign the union launched more than three years ago. We were the first to draw attention to the problem within the company, the first to set up a harassment hotline and the first to outline union, as well as company, responsibilities as regards bullying and harassment.' Last year CWU called for a campaign to make the industry harassment free, after 26-year-old mail centre worker Jermaine Lee took his own life after enduring racist bullying at work ( Risks 63 ).
Study confirms passive smoking risksThe greater your exposure to passive smoking at work, the greater your risk of lung cancer, a major study has found. Researchers working with data from two large studies in Europe and the United States found non-smokers exposed to second hand smoke had a lung cancer risk 18 per cent to 32 per cent higher than those not exposed, with risks increasing in proportion to the length of exposure. 'We pooled them together to try to look at two things: to try to look at long-term exposure, and to try to get out some of the other factors out, such as dietary and occupational factors,' said lead researcher Paul Brennan, of the International Agency for Research on Cancer. 'What this study has been able to show clearly is the more exposed one is to passive smoke, the greater the lung cancer risk.' Those exposed to smoke in the workplace had an increased lung cancer risk of 13 per cent. For those exposed for more than 21 years, the risk jumped to 25 per cent, the study found. David Phillips, a professor at the Institute of Cancer Research in London commented: 'Given that many millions of non-smokers are exposed to passive smoking at work, the impact on public health is very significant.'
Oil bosses to blame for astonishing safety breachesAn oil and gas giant which failed to take adequate precautions to protect the crew on a North Sea production platform has been fined £100,000. Sheriff Kieran McLernan criticised the senior management of Amoco (UK) Exploration Ltd for the failings that led to gas leakages. He said a possible explosion risk could have been prevented if operations on the North West Hutton installation had been reviewed following design changes. The court heard that the consequences could have been catastrophic and that the entire installation could have blown up. Fining the company, Sheriff Kieran McLernan said: 'A major company such as Amoco with wide experience in the North Sea committed to a reputation of safe operating cannot afford to cut corners.' He added that it was astonishing that the platform management had decided to restart production after the first leak, without determining its cause and without eliminating other possible causes. An Amoco spokesperson said the company regretted the incident and added: 'Obviously, it goes without saying that ensuring the safety of our workforce will continue to be a priority for us.' Dangerous sea cargoes compensation reviewThe government has kicked off a consultation on how best to implement an international convention for paying increased compensation to victims of incidents involving the carriage of hazardous and noxious substances (HNS) at sea. Shipping minister David Jamieson said the consultation document explains the provisions of the HNS Convention and sets out the key principles that the UK would be required to meet when the Convention comes into force. Under the Convention, shipowners wishing to bring the most hazardous or polluting cargoes into UK ports will be required to have an increased limit of liability and to maintain insurance to cover that liability. Mr Jamieson said: 'Once in force, the Convention will provide proper and effective compensation for pollution damage arising from the carriage of dangerous and polluting cargoes by sea. It will also provide compensation for death or injury as a result of fire or explosion from such cargoes.' The twelve-week consultation ends on 4 March 2004. Concern about hazardous cargoes has been heightened recently by the decision to allow then block the scrapping of four contaminated US 'ghost ships' in Hartlepool. INTERNATIONALAustralia: Workplace bullies 'ruin young lives'Workplace bullies are making jobs hell for thousands of Australian youngsters. The Young Workers Advisory Service in Queensland has received more than 2,700 calls from workers under 25 since it was set up 18 months ago. Callers' complaints have ranged from allegations of abuse and sexual assault to being told to 'go stand in the corner' isolated from others. Acting co-ordinator Karen Bow said bullying was the greatest cause of complaints, ahead of unpaid wages, poor conditions and unfair dismissal. She said most young workers were casuals, who were scared to complain for fear of losing future work. 'If they speak up, they aren't on the roster next week,' Ms Bow said. She added there was a growing number of sexual harassment complaints lodged by young male workers. 'Employers should be aware of current industry standards and ensure there are strategies and procedures in place to deal with harassment in the workplace,' she said. 'It's a good idea for employers to conduct an audit of their workers' conditions and experiences and have a policy of zero tolerance of harassment.' Bangladesh: Shipbreaking is a life sentenceWorkers at the world's second biggest shipbreaking yard off Bangladesh's main port of Chittagong spend their lives cutting up filthy oil tankers, chemical carriers and rusting ferries. At least 297 people have been killed and 600 injured in accidents at the Chittagong yard over the past 12 years, say police and officials in Chittagong, which handles 80 per cent of the country's imports and exports. The yard and the surrounding sea and shore are badly polluted and the workers - the yard employs about 35,000 people - have little access to medical treatment. A hospital is planned but has yet to be built. Shipbreakers import uncleaned vessels to save costs, adding to health hazards and pollution. The ships often catch fire and chambers filled with gas sometimes explode, killing workers, said M. Shahidul Islam, a researcher at Chittagong University. Canada: Just when you thought you weren’t safe...Canada’s reputation as the health and safety backwater of the developed world has been reinforced by a move to fine workers spotted doing dangerous jobs. Clint Dunford, the human resources and employment minister in the province of Alberta says workers will face spot fines if inspectors find them working unsafely at heights. The level of fines has not been set yet, but the move, modelled on a procedure in place in another province, Ontario, is intended to shift some of the enforcement emphasis away from dangerous companies and onto the workers doing dangerous jobs. Dunford said about 15 more safety inspectors have been added in Alberta to bring the total close to 80, and they have the power to fine people right on the worksite. Union safety advisers say Alberta is renown as an anti-worker province. In Ontario, the Ministry of Labour issues 'tickets' or 'Part 1 summonse' in the construction industry. Unions have successfully resisted their introduction in manufacturing and mining sectors. Canada has among the worst workplace safety records of all industrialised nations. Canada: Westray miner gets stress payoutA former Westray miner and rescue worker forced to pawn his bravery medal after losing his workers’ compensation, has been awarded a payment and pension after a union-backed appeal. He has been suffering from post traumatic stress disorder since the May 1992 catastrophe. All 26 miners underground at the time of the explosion in Plymouth, Nova Scotia, were killed. The United Steelworkers union (USWA), which tried to organise the mine before it blew up, fought the case on the man's behalf. The man, who has not been able to hold down a regular job, will receive a lump payment of $101,000 (£43,000), plus a monthly pension of $675 (£288), the union announced. In August 2002, the Supreme Court of Canada rejected a request from families of the men who died to hear their lawsuit against the province. The Nova Scotia Court of Appeal ruled in January that widows and children who qualify for workers' compensation benefits have no right to sue the province for failing to enforce safety laws at the coal mine. A union 'No more Westrays' campaign won a new corporate accountability law this year that could see companies and their bosses prosecuted more easily for safety crimes ( Risks 131 ). Europe: Agency plans to tackle constructionConstruction safety and European enlargement are to be top safety priorities in 2004, according to the European Agency. Christa Schweng, the new chair of the Bilbao-based safety centre, said: 'The next year will be a particularly challenging one for the Agency as we need to complete the integration of the 10 new member states into the Agency’s information network. Our aim is that they will participate fully in all of the Agency’s activities, such as the 2004 campaign to raise awareness of health and safety in the construction sector.' The Agency’s 2004 programme of work includes construction, agriculture, noise, and economic incentives as priorities. Agency director Hans-Horst Konkolewsky, added: 'Enlargement is clearly a dominant theme for us, as 10 more countries will join our EU network. For many of the new member states construction and agriculture are key employment sectors and at the same time sectors with high levels of safety and health risks.' USA: Prison threat for managers arrested at workManagers at a US company allowed to get away with intimidation and serious and sometimes deadly safety violations for years have been arrested at work. In a move apparently prompted by press criticism of official enforcement agencies, the four managers now face criminal charges and lengthy prison sentences if found guilty. The company, Atlantic States Cast Iron Pipe Co., and a former personnel officer were also charged. According to the complaint, safety measures were considered a hindrance to productivity at the company. Atlantic States is a subsidiary of McWane Inc. of Birmingham, Alabama, a leading US maker of ductile iron pipe. Christopher J Christie, the US attorney for New Jersey, said the 35-count indictment was jump-started by an expose in the New York Times and a Frontline TV documentary. Federal agents arrested manager John Prisque, maintenance supervisor Jeffrey Maury, engineering and environmental manager Daniel Yadzinski and finishing superintendent Craig Davidson at the plant. A fifth man, Scott Faubert, who was fired from his job as human resources director three years ago, surrendered to officials. All have pleaded not guilty.
USA: Firms turn to hair tests to check for drug useUS employers are switching from workplace urine tests to hair tests to check for drug use in their staff, in a move that means they can detect use right back to the date of your last hair cut. Major firms including multinational food and tobacco giant Kraft Foods have already gone over to hair tests, and the federal government is reported to be considering a similar move. However, the trend is likely to be resisted by unions, privacy advocates, and groups like the National Organization for the Reform of Marijuana Laws (NORML). In addition to privacy concerns, NORML argues that hair testing could discriminate against African-Americans and pregnant women by giving false positives. However, not all employers are switching - or even drug testing. The sluggish economy and a drop off in recruitment budgets has resulted in firms with no critical reason to test workers curtailing the practice. Today, 67 per cent of US companies conduct drug tests, reports the American Management Association. EVENTS AND COURSESTUC courses for safety repsCOURSES 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. |
Employees can find out how to survive working around the festive season with the help of the TUC’s Christmas Survival Guide 2003. The easy to use online guide, on TUC’s workSMART website, contains answers to common Christmas problems including what to do if your boss wants you to work on Christmas Day or if you want to use your time off for a different religious festival. Other burning issues dealt with by the workSMART guide include psychological terror from xmas muzak ( 
Civil servants have been ordered to take down jobcentre Christmas trees because bosses fear irate job hunters might indulge in some seasonal violence and ho-heave-ho them at staff. Instructions to dismantle decorations were issued across jobcentres in south-east London after warnings that they could be wielded as offensive weapons. The ban has been judged less than festive by the leader of the 300,000-strong Public and Commercial Services Union (PCS), which represents jobcentre employees. Mark Serwotka, the PCS general secretary, said: 'The idea that we could be beaten up by baubles is ludicrous. If they want to attack us they would use fists, feet or a knife. It's a real case of 'bah humbug'. Following the imposition of a Scrooge-like pay offer, it seems that management are hell-bent on depriving staff of Christmas cheer.' Jobcentre workers took industrial action in January 2002 because of concerns about workplace violence, including an incident where an office was wrecked by a disgruntled claimant wielding a ball and chain ( 
The UK's opt-out from a directive aimed at limiting working hours to 48 a week is being widely abused by employers, according to a draft official Euro report. According to the report, due to be considered by the European Parliament in the new year, around four million people in the UK worked longer than 48 hours a week, almost a million more than before the introduction of the Working Time Directive, which aimed to limit hours. More than 1.55 million people worked over 55 hours and 1 per cent of all UK employees had a working week longer than 70 hours. It was common for workers to sign an opt-out from the directive at the same time as they signed an individual employment contract, said the draft report. 'There is therefore evidence of widespread abuse of this option, to the detriment of the health and safety of millions of workers, who have little or no freedom to decide whether to accept or refuse it in a situation where the administrative authorities have effectively ruled out any real possibility of control and verification,' the report says. 'It seems difficult to deny that this option is being used as a means of side-stepping any limit, rather than a technique to operate flexibly or with strict regard for the free will of the workers concerned, as was intended.' TUC general secretary, Brendan Barber, commented: 'The opt-out is being used to prolong and defend the long hours culture that is damaging our economy, families and health.'Newsletter (4,600 words) issued 19 Dec 2003
