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Risksissue no 149 - 27 March 2004 |
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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 9,100 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 concern at HSE’s 'scattergun' consultationsThe Health and Safety Executive (HSE) has launched a new interactive consultation system on its website, amid rising controversy over its 'scattergun' consultation procedures. HSE says the new online system is being used for the first time to seek views on how restrictions on HSE disclosing information can be brought into line with the Freedom of Information Act 2000. However, TUC is warning that HSE is now using a confusing array of consultation methods and a bit of clarity is needed. TUC head of safety Hugh Robertson said: 'The TUC is concerned about the scattergun approach that the HSE seems to be taking on consultation at the moment.' He added that 'there seems no standard method on who is consulted or how.' Robertson said consultation on new proposals is a necessary, 'however it must be done consistently and openly. People need confidence that any new regulations have been rigorously examined by trade unions and others with an interest, and also they need to know that any concerns have been addressed. I know that many people are concerned that this is not always happening and some kind of structure needs to be brought into the consultation process.'
Ex-potters investigate wheezy diseasesVolunteers are queuing up to take part in medical tests to identify chronic, disabling breathing difficulties in pottery workers. Campaigners have received telephone calls from 50 people who want testing if a screening programme for bronchitis and emphysema can be arranged. Ceramics trade union CATU has pledged to consider a request to fund the survey. The promise of support follows a request from the Justice for Potters campaign, which believes dusty and fume-filled factories have left scores of current and former employees suffering with respiratory illnesses. CATU's national executive will consider further action when it meets in May. Many potters are suffering with bronchitis and emphysema, but the government does not recognise a connection between their work and these lung conditions. Like miners, potters can qualify for silicosis payouts. Unlike miners, the government has refused to accept that the dust exposures also cause 'chronic obstructive pulmonary diseases' like bronchitis and emphysema. Miners only received recognition that their obstructive lung conditions were work-related after a costly court case brought by mining unions. Fire crews ballot over injured colleagueFirefighters in mid and west Wales are to be asked to back industrial action after a colleague with a bad back was dismissed. Firefighters’ union FBU will ballot its 1,000 members in the region to see whether they are prepared to strike. Service managers say the Swansea-based employee terminated his own contract by refusing to work restricted duties. There is a dispute over whether the man was medically fit to return to work following a period of sick leave. The Mid and West Wales Fire and Rescue Service Authority says its doctors passed the officer fit to return to work on restricted duties but he refused. However, FBU branch secretary Neil Macpherson said the union had received medical advice that the man was not ready to resume work. He said the officer concerned should have been offered early retirement on health grounds. 'The members feel that no-one is safe after this,' added Mr Macpherson. Fury as Royal Mail axes thousands, hammers the restTop bosses in Royal Mail want managers to work extra hours, many of them without any extra pay, to offset the staffing shortages that will follow 3,000 'voluntary' redundancies. Amicus, the union representing white collar staff in the firm, reacted angrily to the plan, revealed in a letter from bosses calling on the managers to renew individual opt-outs from the working time regulations. Without the opt-out the working week would be subject to a 48 hour ceiling. Amicus officials say they are furious, particularly as the news comes 'hot on the heels' of revelations that Royal Mail was operating a secret plan to force out up to a thousand managers through compulsory redundancy. Plans included the targeting of vulnerable managers on maternity leave and on sick leave, the union says. Amicus national officer Peter Skyte said: 'The company has said 3,000 managers are surplus to requirements; this is clearly not the case if it is necessary for the remaining staff to work longer hours for the business to function. It is ludicrous for Royal Mail to want managers to work longer than 48 hours a week whilst seeking redundancy from others.' OTHER NEWSCBI panic move on working hours out-outEmployers’ organisation CBI is pressing ministers to tighten up the
Brucellosis hits Cornish farmCattle on a farm in Cornwall have tested positive for brucellosis, a disease which can be passed to humans with workers most at risk. The six infected cattle are the first cases in the UK in a decade. Landare Farm near Liskeard, together with another nearby farm, have been placed under quarantine says the Department for the Environment, Food and Rural Affairs (Defra). The disease causes cattle to miscarry and in humans causes undulant fever, which can have flu-like symptoms. Serious chronic effects can develop if brucellosis is left untreated, including fever, joint, kidney and bladder problems. Defra said brucellosis was 'potentially very nasty and unpleasant,' but was only 'problematic' for people who were in direct contact with affected animals. The condition used to be common in workers, with slaughterhouse staff, meat inspectors, farmworkers and veterinarians most at risk. The blood and fluids of infected animals pass the contamination onto workers through cuts or scratches. Widow's anger at death crash 'shambles'A multinational company has escaped with a £75,000 fine after work systems described as a 'shambles' by a judge led to the death of a Doncaster man. Railway worker Terence Lowry, 39, lost his life in a preventable accident just outside Belfast in February 2002. His employer, Mowlem Railways - part of construction giant Mowlem - was fined a record £75,000 at Belfast crown court after pleading guilty to safety offences. But while the penalty was the heaviest ever imposed in a health and safety case in Northern Ireland, it was still well below fines handed out for similar offences in Britain. His wife Maria told the Belfast Telegraph she was 'gutted' at the level of the fine, adding that the work method used 'was a complete shambles from beginning to end.' Judge Patrick Markey also used the word 'shambles' when passing judgment. He said Mr Lowry had lost his life 'in tragic circumstances that should never have been allowed to arise.' Mrs Lowry’s Doncaster-based solicitor Steven Robinson said: 'If the case had been heard over here, I would have expected a significantly higher fine to have been imposed by a crown court judge.' Rail crash charges 'less likely'British Transport Police's decision to hand over the lead on a rail crash inquiry may have dashed hopes of bringing serious criminal charges. BTP had assumed 'primacy' in the investigation because of a suspicion a serious criminal offence led to the Potters Bar derailment on 10 May 2002. The Health and Safety Executive (HSE) will now take the lead. Lawyer Louise Christian, who is representing families of five of the seven people killed in the crash, said serious charges were now 'much more unlikely.' She added the government's failure to order a public inquiry into the crash at the outset had left police investigating 'with one hand tied behind their backs.' The engineering firm Jarvis has been at the centre of the probe into the crash as it was responsible for track maintenance (Risks 108). Ms Christian said there was 'overwhelming evidence' of poor maintenance on the points, which had 83 recorded faults. 'After two years, there is still no outcome to the investigation and neither Jarvis nor Railtrack have admitted responsibility,' she said. A spokesperson for HSE insisted serious criminal charges had not been ruled out. Campaign tells MPs that HSE is not workingThe Centre for Corporate Accountability (CCA) says the Health and Safety Executive has too few resources and inspectors to do its job right. It adds that the safety watchdog has opted to try and persuade employers to be safe where its own research shows enforcement is the most effective strategy. A summary of CCA’s evidence to the House of Commons select committee investigating the work of HSE and HSC, says the shift away from enforcement 'contradicts overwhelming international and HSE evidence that it is inspection, investigation and formal enforcement that works best.' It adds that 'HSE's continuing focus on the ‘business case for safety’ has been shown to have little impact in motivating employers.' The TUC’s submission to the Commons investigation called for more funds for HSE and a greater role for union safety reps (Risks 144).
Salvage company to breath test staff every morningA Scottish company is to breath test its staff before they are allowed to start work. Property salvage specialists FFDR says the controversial move has been introduced by in an attempt to ensure none of their employees shows up for work under the influence and will improve safety as a result. The move has been welcomed by a business group but has been criticised by civil liberties groups, who claim this will be the first step towards a Big Brother-style workplace. John Downey of the Scottish Federation of Small Businesses said: 'I can see this becoming an increasing trend, because employers have a duty of care towards their employees, and this is actually in the employees' best interests.' But John Scott, the chair of the Scottish Human Rights Centre, said even the police must have 'reasonable grounds' before requiring a breath test and added: 'A balance needs to be struck as there are certain jobs which constitute a safety issue for members of the public, like airline pilots and train drivers, which would be a reason for carrying out these kinds of tests.' Critics say companies are rarely as keen to explore the most common causes of workplace accidents - overwork, fatigue, understaffing and poor management systems. Pupils and staff face asbestos riskPupils and staff at a Derbyshire school may have inhaled potentially deadly brown asbestos dust. Horizon Windows was contracted to replace windows at Silverhill Primary School in Mickleover and disturbed asbestos in the process. Air tests subsequently confirmed asbestos contamination. The Health and Safety Executive is to carry out a full investigation of the circumstances surrounding the incident, including whether the proper procedures were followed by the school and if the contractor was 'fit and proper' for the job. Eyewitnesses say work areas were not sealed off and that while some panels containing asbestos were removed intact, others were sawn and sledge-hammered out. Cases of the asbestos cancer mesothelioma have been reported in people incidentally exposed in buildings, including schools. Victims include retired teacher June Whitwam, who died of the asbestos cancer mesothelioma after being exposed in the classroom (Risks 73). Cases are far more common in those exposed in construction and manufacturing jobs. Shipbuilding company VT Group last week announced it was setting aside £15 million to cover asbestos and other work-related claims. INTERNATIONALAustralia: Union warning on psycho testsAustralia’s top union body has warned against the use of psychometric and other tests as supposed safety measures. Sue Pennicuik, head of safety at national union federation ACTU, questioned the motivation for psychometric, drug, alcohol and genetic testing at work, saying personality issues are 'a tiny factor' in occupational health and safety. She said the ACTU suspected testing, which is on the increase in Australian workplaces, was more about companies selecting people with compliant personalities and preferred social values rather than any real concern for safety. 'Health and safety problems are caused more by hazards in the workplace and things like overwork and fatigue,' Ms Pennicuik said. Psychometric testing is used to screen applicants for their suitability for a job, with testing firms saying they can determine likely stability, punctuality and motivation. Global: Fight to ban asbestos hots upThe latest round in the battle to ban asbestos, the world’s worst ever industrial killer, is underway. In November 2003, a manoeuvre led by the Canadian government and backed by asbestos industry bodies succeeded in blocking the addition of chrysotile (white) asbestos to the list of substances covered by the Rotterdam Treaty’s Prior Informed Consent procedure (Risks 133). Both pro- and anti-asbestos campaigners knew global trade in the industrial killer - particularly exports to the developing world - could have been severely curtailed had the listing been successful. The issue is due to be discussed again at the follow-up meeting, scheduled to be held in Geneva in September 2004. The Canadian government has already started its preparations for the meeting with a series of public consultations. Health campaigners from the International Ban Asbestos Secretariat (IBAS) fear Canada may be intent on once more blocking the addition of asbestos to the PIC list. TUC safety officer Tom Mellish said: 'TUC will be talking with our international union partners and official bodies to ensure the asbestos lobby doesn’t block this urgent public and workplace health measure.'
Iraq: Call to make media safety 'top priority'The International Federation of Journalists (IFJ) has warned that safety must be a top priority for media following the killing of a further five journalists and media staff in Iraq. These deaths bring to 36 the total number of media people killed during and after the Iraq war, says the IFJ. In the latest incident, one journalist and two media staff from the local station Diyala TV were killed in an attack by armed men outside Baghdad. In a separate attack, two reporters for Al-Arabiya satellite news channel were shot and killed by US fire in Baghdad. 'These tragic deaths underline the fact that Iraq is the most dangerous place in the world for journalists,' said Aidan White, IFJ general secretary. 'It is vital that assistance is provided to reduce the risks journalists face even in this hostile atmosphere.' IFJ is concerned at the failure to provide proper and explicit reports on the deaths of seven other journalists since the war began a year ago and has called an international day of mourning on 8 April, the anniversary of the day US troops opened fire on the Palestine hotel in Baghdad, which was filled with journalists and media staff, killing two and wounding three others ( Risks 101 ). USA: Chipmakers’ cancer study too little, too lateA microelectronics trade group has said it is to sponsor a study on cancer risks in semiconductor manufacturing facilities. George Scalise, president of the Semiconductor Industry Association (SIA), said: 'This industry has always looked for ways to improve the manufacturing processes that lower environmental impacts and improve the health and safety conditions for our employees.' Critics have charged for years, however, that the chipmaking industry has stalled efforts to create good data on cancer and other risks in the plants. 'It's kind of a day late and a dollar short,' said Ted Smith of the Silicon Valley Toxics Coalition. Smith said the study could be a good sign but that its credibility would depend on who actually performed the research and on whether there would be a third-party oversight panel to certify the findings. Jim McCourt of the campaign group Phase II, based in Scotland’s Silicon Glen and representing ex-industry workers with cancer and other complaints ( Risks 128 ), said his group also greeted than announcement with caution. 'The fact that an independent study has not been undertaken in this industry is disgraceful,' he added. USA: Even asbestos epidemic figures are 'kind of low'A top US occupational health expert has indicated that shocking figures that earlier this month revealed a massive US asbestos disease epidemic, may in fact be under-estimating the true extent of the problem. The Environmental Working Group’s analysis of US federal mortality records has found that 10,000 Americans die each year from asbestos exposure and projects that up to 10 times that many will die in the next decade ( Risks 146 ). However, Dr Michael Lax, an asbestos expert and director of the occupational health clinic at New York State’s University Hospital in Syracuse, found the study's totals 'kind of low,' noting that previous studies have projected higher mortality rates. 'Think of how asbestos was used for years in thousands of products,' he said. 'The numbers of people exposed is in the tens of millions. The potential for illness is tremendous.'
RESOURCESToilet breaks are a health issueLast month Risks highlighted the problem of 'shy bladder syndrome,' a condition which had led to some US workers being fired for 'refusing' to provide a urine sample for a drugs test (Risks 143). The condition -
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 It’s our Europe! conference, London, 2 AprilIn June, Europe goes to the polls to elect a new European Parliament - the first in the new enlarged EU of 25 member states. Later this year, a new European Commission will be appointed. Europe’s unions say this is the time to rally support for the European social model that has delivered new rights at work, covering holidays and working time, equal pay, health and safety, and information and consultation. The European Trade Union Confederation (ETUC) has called on trade unionists around Europe to take action on 2-3 April to make the case for the European social model. As part of the campaign, TUC will be hosting a 2 April conference in London.
Information and consultation conference, London, 17 AprilFrom March 2005 workers will have new rights to be informed and consulted. A Labour Research Department (LRD) conference aims to provide trade unionists with the information they need to make full use of the law and guard against any initiatives aimed at limiting workers' rights. There will be contributions from Sarah Veale, TUC head of equality and employment rights, Rita Donaghy from the conciliation service Acas, Stephen Cavalier of union law firm Thompsons, as well as international, national and local union speakers.
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UK’s working hours rules. The move by CBI - normally the first to cry foul at any attempt at regulation - comes in a bid to head off the TUC’s high profile campaign to end the UK opt-out from the 48-hour working week ceiling. MEPs have already voted to scrap the UK’s opt-out and the European Commission earlier this month said it would take the UK government to the European Court because it believed workers were sometimes being compelled or hookwinked into signing away their right to a 48-hour week (
also known as parauresis - is a significant problem in the UK, too, according to a letter to Risks from the United Kingdom Paruresis Association. The charity says there are thought that about 4 million people in the UK with the condition. It adds that workplace toilet use restrictions can be a serious problem to adults with the condition. When the TU and Hazards launched their 'gotta go' campaign, they were deluged with case histories of oppressive loo breaks practices. Arthur Martin, an ex-bus driver whose health was ruined by the lack of toilets on bus routes, is taking his former employer to the European Court of Human Rights in a bid to force the company to install toilets on their routes. Mr Martin, who worked for First Bus, had to have surgery to remove half his prostate. Doctors told him the problem had been caused by being denied loo breaks for long periods. The problem got so bad, he eventually wet himself at work. TUC says the government should close a safety law loophole, and guarantee workers the right to go when they need to.Newsletter (4,200 words) issued 26 Mar 2004