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Risks

issue no 158 - 29 May 2004

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 9,500 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.

ACTION

TUC Safety Rep Award 2004

We’ve had the Oscars, the Palme d’Or and the Soapies - and now it is your turn. It’s award season for trade union safety reps again! For the second year, the TUC will be making an award to the trade unionist representing the best aspects of being a safety representative. The award will be made at the 2004 Congress, which takes place in Brighton from 13-16 September. In line with the practice for other TUC awards there will be one overall winner of the award. Unions may submit as many nominations for this award as they wish, but each nomination must be signed by the union’s general secretary. If you know a safety rep who is the bee’s knees, the cat’s whiskers or something better still, make sure your union sticks in an application - all national unions have been provided copies of the formal application form. Applications should returned to the TUC by Friday 11 June 2004.

UNION NEWS

TUC launches search for new bank holiday

The TUC has launched a national search for a new bank holiday as it reveals figures showing that people in Britain get fewer public holidays than any other country in the European Union, even when you include all the new EU member states. Anyone can join the TUC's national search by joining an online poll at the TUC's workSMART website that asks people to vote for an extra bank holiday. TUC general secretary Brendan Barber said: 'We work the longest hours, and have the fewest public holidays. It's about time we caught up with the rest of Europe in the holiday stakes. Indeed it is very hard to see why people in England, Scotland and Wales should have two fewer days than Northern Ireland. But there's lots of good candidates for when we should take the extra time off, so we are asking people to help us choose in our Bank Holiday Idol vote.'

  • Long hours are bad for you - advice on why we need a break from TUC and Hazards.

Thumbs up to changes in teenage working law

TUC has welcomed a government decision to simplify the law on teenage working. TUC and children’s charity NSPCC have worked together to press for the move. A joint TUC/NSPCC report, Dazed and confused, came out the same February day as a Better Regulation Taskforce report, both backing the greater clarity (Risks 144). Now the government has decided to adopt the recommendations of the taskforce and act to simplify the law that regulates the employment of 13-16 year olds, TUC general secretary Brendan Barber said: 'Bringing together all the legislation and producing new simple information leaflets will make life much easier.' He added: 'A system that requires employers to register with the local authority if they intend to employ youngsters also makes a good deal of sense. At the moment only one child in ten who works has a work permit. Businesses will be pleased that they only have to register once rather than apply for each teenage employee, and the new system will offer youngsters greater protection from rogue employers.'

Union safety concerns over mock attack

Firefighters in Dundee have boycotted an anti-terrorist exercise after unions advised them not to take part in the mock chemical attack. The Fire Brigades Union Scotland said it had concerns for members' safety because the brigade had not properly completed risk assessments. The firefighters had been due to rescue 'casualties' from a building at Dundee harbour after a simulated attack. The union's Scottish secretary Kenny Ross said: 'We are quite happy to take part in this kind of exercise as long as the proper preparations have been done. We have serious and genuine concerns over health and safety and believe this exercise should not go ahead.' He added: 'The risk assessments are some of the worst I have seen in 14 years of being a safety representative, they are amateurish and the preparations, both within Tayside and inter-agency, are ridiculous. It's an absolute shambles.'

Union to meet Foreign Office about piracy threats

UK ships officers’ union NUMAST is set to meet Foreign Office staff as concern grows over the threat posed by piracy and armed attacks on merchant shipping. Violent attacks on seafarers have increased this year, according to the latest report from the International Maritime Bureau. IMB revealed that worldwide 22 crew members killed in the first three months of the year, up from just four in the same period last year. The IMB also noted that the number of hijackings increased to four, compared with three last year, and incidents of crew being threatened increased to 11 from six. Indonesia maintained its unenviable reputation as the world’s worst piracy-prone area, with 21 reported incidents. Nigeria came in second, with 10, while Bangladesh and Malacca Straits tied for third place, with eight. Piracy cases in the Singapore Straits rose from nil to six.

UK government 'jeopardising plane cabin security'

International transport union federation ITF says the British government risks sabotaging a European Union plan that is close to setting new standards for airplane cabin safety and security. ITF says it has learned that the British government is trying to change a proposal to introduce a Europe-wide licence for cabin crew that will recognise their training, professional competence and safety and security roles - even more vital than ever now that cabin doors must be locked in the event of any incident taking place on an airliner, leaving cabin crew to handle it alone. Despite this the British government has unexpectedly joined forces with Germany and The Netherlands to torpedo a European Commission plan to introduce a cabin crew licence of the kind already covering other airline staff. In a letter to UK transport secretary Alistair Darling, ITF general secretary David Cockroft stated: 'We find the position of the UK government hard to understand. Over half of all cabin crew worldwide are certificated or licensed. The US is the latest country to introduce universal flight attendant certification, issued by the authority on behalf of the state and vested in the individual.'

Usdaw starts planning for xmas hols

Shopworkers who fear they will be forced to work on Christmas Day are urging their MPs to show support for the next stage in a campaign to ban big shops opening on this special day. They want their MPs to vote in favour of a Private Member's Bill sponsored by Kevan Jones MP. The Durham North Labour MP's Christmas Day (Trading) Bill seeks to ban stores bigger than 280 square metres in England and Wales from opening on Christmas Day. At present, big stores are only banned from opening if 25 December is a Sunday. Usdaw is urging shopworkers and supporters to write to their MP, requesting they attend the House of Commons on 18 June and vote in favour of the Bill at its third reading. Kevan Jones' Bill would then progress to the House of Lords. If all goes according to plan, the Bill should become law in time for Christmas 2004. A separate Private Member's Bill, sponsored by Karen Whitefield, Labour MSP for Airdrie and Shotts, seeks to ban big stores in Scotland opening on Christmas Day and New Year's Day and is before the Scottish Parliament.

OTHER NEWS

Stress consultation could bypass safety reps

A three month consultation campaign on proposals to reduce work-related stress has been launched by the Health and Safety Commission (HSC) - but may end up bypassing thousands of safety reps. A video explanation of the proposals is available on HSE’s website, with the consultation available online or on CD Rom. However, it is not available in print, once more raised alarm bells at TUC about HSC’s 'scattergun' consultations (Risks 149). According to TUC’s Hugh Robertson the HSC consultation process 'will disenfranchise many thousands of safety representatives who do not have access to the internet or a computer.' He added that the approach 'treats consultation as some kind of ballot. This is totally at odds with the TUC view of how consultations should be carried out and the role of unions and employers organisations in consulting their membership groups and responding appropriately.' The proposals are based around a set of management standards that HSC says will enable employers to gauge stress levels, identify causes and work with employees to resolve any difficulties. It says the standards 'are a non-legislative yardstick to help organisations meet their existing duty of care and their duty to assess the risks to work-related stress.'

Stop making us sick, says TUC

TUC is telling employers that the best way to reduce the number of days sick leave is to stop making us sick through bad jobs and overwork. It adds that firms should introduce effective back to work schemes. The TUC call comes after a report from bosses’ organisation CBI said the number of sick days taken by staff at British firms has risen for the first time in five years, with 176 million sick days last year costing £11.6bn - up 10 million days on 2002. CBI deputy director general John Cridland said: 'As costs rose in 2003, many services firms were forced to slim down and conduct the same amount of work with fewer staff. This would have increased pressure on employees and possibly affected morale, leading to an increase in absence.' Commenting on the CBI report, TUC general secretary Brendan Barber said it showed employers 'continue to make workers ill through overwork, bad management and outdated work methods.' He added: 'The TUC and CBI need to work together to get employers to concentrate on keeping staff healthy and in work, which should be even more important in a struggling sector. And when people are made ill, to concentrate on getting workers healthy and back to work. Over threequarters of sickness absence is made up of people on long-term sick because employers fail to prevent and deal with serious illnesses such as stress, back pain and occupational asthma.'

Get back to work, says minister

The government has published its ideas on vocational rehabilitation. A Department for Work and Pensions discussion paper 'aims to help people overcome health or disability-related barriers they may face in returning to work.' Minister for work Jane Kennedy said: 'Your views will be of immediate help as we work to develop a framework for vocational rehabilitation. They will also be used in the longer-term as we continue to work in partnership to help establish a new approach to rehabilitation in the UK by late summer.' TUC head of safety Hugh Robertson welcomed the initiative. He said TUC priorities were ensuring the effective delivery of, and access to, rehabilitation services, with an emphasis on the role to be played by the NHS and employers and on support for those with a disability. 'It is essential workplace rehabilitation is linked to prevention,' added Robertson. An April TUC briefing to the Work and Pensions parliamentary committee investigating the work of HSC/E noted: 'Our main concern is that workers who are injured are too often left to fend for themselves in terms of seeking medical and other care, with the result that 27,000 people every year leave work altogether as a result of a workplace injury or illness' (Risks 151).

  • DWP news release. Employers' Liability Compulsory Insurance - Developing a framework for vocational rehabilitation: Discussion paper [pdf]; covering letter [pdf]; and ministerial statement [pdf]. Deadline for responses to questions at the end of the discussion paper, 21 July 2004.

Scots NHS attacks running at two an hour

An average of two National Health Service staff are violently or verbally attacked in Scotland every hour of the day, according to new research. It found almost one in 10 hospital, ambulance and health centre workers were subjected to abuse last year, with nurses and midwives experiencing the greatest number of violent attacks. The statistics come from the NHS Scotland Occupational Health and Safety survey, the first of its kind in the UK. Health minister Malcolm Chisholm said the Scottish Executive was striving to curb the rising trend of such 'totally unacceptable' behaviour, adding: 'This survey will help them plan effectively in this very important area. Worryingly, the number of occupational injuries has increased.' UNISON’s Jim Devine welcomed Scottish Executive measures to stem NHS violence but added it must 'take the further step of extending the offence of assault - currently proposed for those who assault emergency workers - to any one who assaults any public service worker.'

Report criticises drift towards 'self-regulation'

Britain’s new occupational health and safety strategy is jeopardising workers’ health by leaving health and safety enforcement to employers, warns a new report. Commission impossible: A new enforcement-lite, cut price safety disaster reiterates a TUC concern that the government’s Health and Safety Commission (HSC) is moving towards 'self-regulation' of safety (Risks 156) at a time when Britain has seen the worst spate of workplace tragedies in over a decade, some of which - including Morecambe Bay and Stockline Plastics (Risks 157) - have been linked to a lack of rigorous safety enforcement. HSC's Strategy for workplace health and safety in Great Britain to 2010 and beyond (Risks 145) was introduced in the face of a major HSC funding squeeze. The Commission Impossible report, published by Hazards, warns: 'HSC is stealthily manoeuvring the Health and Safety and Executive (HSE), its enforcement arm, away from its legal duty to enforce health and safety in Britain's workplaces, towards a more advisory, CAB-for-workplace-safety, business friendly role.' The report calls on HSC to abandon the drift towards self-regulation and backs a TUC call for new rights for union safety reps (Risks 144), with the introduction of a national network of roving safety reps and a safety rep right to serve Provisional Improvement Notices (PINs).

Pressure grows for inquiry into blast watchdog

The Health and Safety Executive (HSE), which is investigating with the police and the procurator fiscal the disaster which claimed the lives of nine people at ICL Plastics plc in Glasgow (Risks 157), is facing demands that its role be investigated in a public inquiry. Critics believe the HSE's previous relationship with ICL, which has come in for strong criticism, should form part of the ongoing police investigation. However, the head of the HSE in Scotland, Stewart Campbell, said this was not going to happen. Professor Andrew Watterson, a safety expert at Stirling University, believes a public inquiry is the best solution. He said: 'You can't have the HSE policing itself if there is a question about regulation and enforcement.' And Paul McBride QC, vice-chair of the Criminal Bar Association, said: 'It is not appropriate for the HSE to be involved in making recommendations to the Crown about prosecutions if there are serious questions about their own inspection regime and conduct.' HSE visited ICL's Maryhill plant at least five times prior to the explosion, including looking at leaking gas pipes. But ICL was given a clean bill of health to operate at the time of the tragedy. Last year, HSE was called to the premises by concerned staff, but did not carry out a full inspection and revealed the identity of whistleblowers to company bosses.

Britain’s asbestos disease disaster

Britain is in the grip of a national disaster. A lung-destroying epidemic of asbestos disease is killing thousands, and the mortality rate is climbing every year. By 2050 almost 185,000 will have died in agony and that's a best-case scenario, reports the Sunday Times. It says the problem is repeated in every country that once mined asbestos or made asbestos products. Russia, China, Zimbabwe are still hard at it; unbelievably, Canada mines and exports white asbestos to the Third World (Risks 146). Specialists are blunt: the asbestos cancer mesothelioma is a national disaster. There has been a threefold increase in it since 1990. It now kills 1,800 people a year - nearly twice the number that die from cervical cancer, but with no equivale nt of the latter's screening programme. Asbestos-triggered lung cancer claims up to twice that many. Worse is to come. Given that these cancers can take several decades to appear, the epidemic won't peak until 2015. Even on the rosiest predictions, up to 185,000 more deaths are expected here by 2050, another quarter of a million across western Europe and a third of a million in North America. In developing nations, the toll will be colossal. In Britain, the all-party asbestos parliamentary subcommittee is soon to propose a national mesothelioma strategy. For many, it will come much too late.

Fires 'linked' to firefighter death blaze

Detectives are investigating possible links between the blaze in which a firefighter was killed and four other fires in derelict buildings. Richard Jenkins, 28, died after tackling a fire at a disused community centre in Cardiff. Detective superintendent Adrian Hogg, who is leading the inquiry, said a number of children were reported to have been in the disused community centre hours before the fire started in the early hours of Sunday morning. Assistant chief officer for South Wales Fire Service Vince Armstrong said 85 per cent of fires tackled by the brigade were started deliberately, many in derelict buildings. Mr Jenkins, from Bridgend, was the first officer to go into the blazing building but within seconds, there was an explosion and a fireball engulfed him. Two of his colleagues were also badly injured. The two men fought to resuscitate him, but he was dead on arrival at hospital. Dick Pearson, FBU regional secretary for Wales said: 'Everyone in the fire service family is deeply affected by the loss of one of their colleagues, particularly when the loss occurs in such tragic circumstances. Our deepest condolences and sympathy go out to the family at this sad time.'

London to vote for a smoking ban

London could be voting its way towards a ban on smoking in public places - and may drag the rest of the country with it. The two leading candidates in London’s mayoral elections, Labour's Ken Livingstone and Conservative opponent Steve Norris, have both backed a smoking ban, with Mr Livingstone quoted as saying it could deliver 'extraordinary health benefits.' He told a hustings event that an 'overwhelming majority' of Londoners favoured the move and said he would have a duty to follow public opinion on the matter if elected. The London Evening Standard says his Tory opponent Steve Norris applauded bans in New York and Ireland and has described them as 'extraordinarily successful,' forecasting Britain would soon follow suit. He said: 'The thing that weighs with me is that where it has been tried, where everyone screamed that it would not be possible, it appears to have been an enormous success.' Momentum for a ban is building. Last month members of the Royal Society of Physicians claimed ministers were 'rapidly running out of excuses' for not introducing a ban. And Bill Cotton, chief executive of the British Hospitality Association, conceded 'there's no point fighting yesterday's battles,' adding that the 'level playing field' of a national ban should now be preferred to piecemeal restrictions introduced by local authorities.

INTERNATIONAL

Australia: Support for NSW work deaths law

The state government in New South Wales (NSW) is under pressure to jail killer bosses in the wake of a Legislative Council committee recommendation that corporate manslaughter should be written into the Crimes Act. The cross party committee also wants to give courts the power to make delinquent employers face up to bereaved family members. Welcoming the committee’s report into workplace deaths and injury, Labor Council secretary John Robertson said: 'We don't want jails overflowing with employers but we do want every employer to know that if they deliberately thumb their noses at safety requirements they can be held accountable.' The committee launched its inquiry after 10,000 workers marched on the state parliament last year after the death of 16-year-old building worker Joel Exner (Risks 131). Key recommendations in the 246-page report include: 'Urgent' introduction of a new offence of corporate manslaughter; companies to have their safety performances rated and published; and courts to consider 'victim impact statements' from bereaved family members and to have the ability to direct negligent employers into face-to-face meetings.

Australia: BHP under attack for deadly mine safety record

An official inquiry is investigating multinational mining giant BHP Billiton after a series of deaths and injuries to iron ore workers. The Australian Workers' Union (AWU) says the Western Australian government inquiry into the union-busting firm should establish new safety standards for the increasing number of contractors working in the industry. Four of the six workers killed or seriously injured in the last month were contractors. The inquiry was announced three fatal incidents in as many weeks at the company's Pilbara operations. Three other workers were seriously injured. AWU national secretary Bill Shorten said: 'Three deaths in as many weeks indicate an unacceptable corporate pathology at BHP Billiton. The Pilbara workers are angry that safety seems to be taking second place to productivity increases. Contract workers are typically under extra pressure to meet ever-increasing production targets.' Manufacturing union AMWU believes a further death earlier in May at BHP's Nelson Point operations in Port Hedland could have been avoided if union warnings had been heeded. AMWU state secretary Jock Ferguson said: 'It is a disgrace that workers believe BHP compromises safety for production. It is a disgrace that the continual warnings were not heeded. It is a disgrace that workers are still being killed in the mining industry today.'

Global: Double hull retreat is 'a kick in the teeth for seafarers'

International transport union federation ITF has strongly condemned the 'extraordinary U-turn' by the International Maritime Organisation (IMO) which scuppered a previous decision, championed by the UK, to make double hulls compulsory for bulk carrying cargo ships built after 2007. David Cockroft, ITF general secretary, commented: 'This was a shock and a sad reminder that there are still people and nations prepared to put cost saving ahead of life saving.' He described the vote to abandon the decision as 'a kick in the teeth for seafarers, and a betrayal of all those who have died on bulk carriers.' He explained: 'A double hull enhances bulker safety to the same level as a modern tanker. Yet they are being made compulsory for tankers and not bulkers. How do you explain that? Because an oil spill costs an owner more than a dead crew. When a tanker sinks it’s usually seabirds that lose their lives, when a bulk carrier goes down - and they sink far more often than tankers - it’s human beings who die. How much more obvious can you make it that some interests continue to put short term cost savings ahead of seafarers’ safety?'

Iraq: Union protests over targeting of media

The International Federation of Journalist has called on all sides in the Iraq conflict to stop targeting journalists, following the killing of a media staff member south of Baghdad during clashes between US troops and Shiite militia. Hamid Rashid Wali, an Iraqi technician working for Al-Jazeera television, was shot in the head and killed on 20 May during clashes between the US Army and Shiite militia of Moqtada al-Sadr in Kerbala and became the latest victim in a wave of killings and attacks on journalists, particularly from the Arab world. 'The desperate situation for media is reflected in the unprecedented scale of intimidation, targeting and abuse that has marked this conflict,' said Aidan White, IFJ general secretary. 'The latest death brings the total number of journalists and media staff casualties to 43 in the past year. It is killing of media people on a scale never seen before.' The latest incidents follow revelations that three Iraqis working for Reuters were beaten up and subject to sexual and religious taunts and humiliation by American troops in January during their detention in a military camp near Falluja.

Ireland: Smoking ban is working, says minister

Ireland's pioneering ban on smoking in pubs and restaurants seems to be helping some addicts to kick the habit, Ireland's health minister has said. Micheal Martin, visiting Norway - which on 1 June becomes the second nation in the world after Ireland to outlaw smoking in bars and restaurants - said the Irish ban was working well since its launch at the end of March. Informal polls of smoking habits indicated that about 25 per cent of Irish adults smoked daily, down from 27 per cent in a national lifestyle survey two years ago, he said. 16,000 people had contacted a 'quit smoking' telephone hotline. Martin said that figures from New York indicated that bar and restaurant takings slipped in the first two months after a ban before recovering to normal in about a year. 'Generally speaking the world has gone on pretty much as before,' he said. He said that 97-98 per cent of workplaces were complying with the law. Norwegian health minister Dagfinn Hoybraaten said he expected a similar impact in Norway: 'This law is meant to protect workers,' he said. 'But I have also understood that very many Norwegians have resolved to stop from June 1.'

USA: Ergo fixes alone can’t make bad jobs good

Despite an ever increasing array or ergonomic gizmos, musculoskeletal disorders have increased nearly tenfold among office workers in the past five years, according to the US Bureau of Labor Statistics. Several reasons are on offer: Workers may be reporting injuries more because they are better educated about the connection between repetitive tasks and injuries; workers may be more vulnerable to injuries than in the past because so many more of us are overweight with sedentary lifestyles; and work week has become longer and more demanding as many workers have had to take on the duties of staffers who are not replaced. Alan Hedge, a professor at Cornell University, said that when he became an ergonomist in the mid-'70s, his field was rife with speculation that 'this new technology would make us so productive we would end up with a 15-hour working week, and the question was, 'What are we going to do with all that leisure time?' It was obviously wildly wrong. No one thought the employer would say, 'Now do the work of three people.''

RESOURCES

Safetyreps.org

You must have this in your web favourites list - www.safetyreps.org, the only website in the west providing information intended solely for union health and safety reps. It covers: Safety reps at work; safety rep websites around the world: union safety news; information exchange; safety rep resources; union safety training; union safety effect; tackling hazards; and safety rep profiles.

Usdaw guide to manual handling injuries

Retail union Usdaw has updated its guidance for health and safety reps on the prevention of manual handling injuries. The guide explains what employers should do to comply with the Manual Handling Operations Regulations, advises health and safety reps how to check that risk assessments are working and tells them how to use tools like bodymapping to identify any handling risks. For the first time it also explains how safety reps can get hold of the Manual Handling Assessment Chart (MAC) that has been developed by the Health and Safety Executive. The MAC is a tool that can be used to check risk assessments for tasks that involve lifting, carrying or team handling.

Disability law checklists

TUC has produced three 'Disability Discrimination Act and your business' factsheets. They provide a guide to important changes to the Disability Discrimination Act (DDA) to take effect from 1 October 2004, covering: Implications for service providers and small businesses; Understanding disability; and an accessibility checklist.

EVENTS AND COURSES

TUC courses for safety reps

COURSES FOR June 2004

Midlands, North, North West, Scotland, South East, South West, Wales, Yorkshire and Humberside

USEFUL LINKS

Visit 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.

Newsletter (5,300 words) issued 28 May 2004