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Risksissue no 194 - 12 February 2005 |
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Editor: Rory O'Neill of Hazards magazine. Comments to the TUC at healthandsafety@tuc.org.uk. CONTENTS
Risks is the TUC’s weekly online bulletin for safety reps and others, read each week by over 10,500 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 says no 'free passes' on enforcementTUC has reiterated its concern that a government plan to reel in red tape must not result in it going soft on workplace safety. The government plans, which apply to all areas of official regulation and enforcement, were outlined by Gordon Brown in December 2004 when he said 'the regulatory focus should be on advice not inspection.' The chancellor’s statement came as he published the Philip Hampton’s interim report into regulation (Risks 186). A new TUC briefing, ‘Reducing administrative burdens: effective inspection and enforcement’ is critical of the business lobby for overplaying potential burdens while downplaying the benefits of regulation, with asbestos and working time regulations given as clear examples. The report says TUC agrees with risk assessment to ensure resources are well targeted, but adds 'we would be reluctant to give businesses a ‘free pass’ on the basis of a positive risk profile, and would not accept the elimination of routine inspection for lower risk organisations. Unions’ experience of health and safety is that businesses that believe they will not be inspected ease up on health and safety. This is not necessarily a matter of policy, it can be an entirely unconscious process, but the knowledge that one could be inspected does encourage vigilance.' It adds: 'The TUC’s approach to penalties has been formed by experience of health and safety. In our view, if someone is killed, injured, made ill or put at serious risk at work there should be penalties for those responsible. Safety penalties both punish those who show a criminal disregard for workers’ health and safety and are a deterrent message to employers.' Crane collapse horror in Worthing kills two construction workersThe death of another two construction workers today, brings the total killed since April to 62. While the circumstances are still sketchy, it is known that the fatalities occurred as the result of a crane collapse which will, no doubt, cause many in the industry to remember the Canary Wharf crane collapse in which 3 workers died nearly 5 years ago. We are still waiting for the results of the inquiry into that accident and this incident today underlines that we cannot afford to wait another five years for a report that may have contained recommendations that would have contributed to saving lives today. Jerry Swain, UCATT Regional Secretary for London and the South East said ‘This is a tragedy and my thoughts go out to the families of the construction workers who died today. I have sent one of my officials to the site to offer whatever assistance we can provide’. There was clearly the potential for a much greater loss of life at the Willmott Dixon site, which involves the construction a new school adjacent to the existing one. The fact that incidents of this magnitude are still happening should be a wake up call to the industry less than two weeks away from the Construction Safety Summit, they must ensure that fine words they have as policies are translated into what actually happens on site. This of course includes ensuring that everyone they do business with is able to meet the same standards. Migrants face forced labour in the UKMigrant workers in the UK, including those with the right to work here, are subject to such levels of exploitation and control that they meet the international legal definition of 'forced labour,' according to an independent report published by the TUC. ‘Forced labour and migration to the UK’ reveals abuse, including very long hours, pay below the minimum wage and dangerous working conditions in sectors including construction, hospitality, agriculture, food processing, horticulture, contract cleaning, nursing and care homes. Employers and agencies who break the law are rarely prosecuted or even inspected by the authorities - in fact, the report finds employers are using the threat of immigration authorities against migrant workers. TUC is calling for employees here on a work permit to have more rights to report abuse and change employer, and says employers guilty of abuses should lose the right to apply for work permits for their staff. TUC general secretary Brendan Barber said: 'The precarious position of those who have no legal basis to work here is well known, but what this report shows is just how much people with every legal right to hold a job can also be so badly exploited that they must count as forced labour.' Among the factors that the International Labour Organisation identifies as indicative of forced labour are 'threats or actual physical harm to the worker.'
Union welcomes 10 year ban for shop harasserRetail union Usdaw has welcomed an Anti Social Behaviour Order (ASBO) banning a Newcastle man from verbally intimidating shop staff for 10 years. The order was served on David Fletcher on January 27 and bans him from entering the premises of any Tesco, B&Q, Safeway, Sainsbury, Morrisons, Somerfield, Matalan and Co-op in England and Wales. Fletcher is prohibited from contacting, interfering with or threatening any employee of these stores. He had been going into shops acting in an intimidating and aggressive manner towards staff. As staff were distracted by his verbal intimidation a team of people would be stealing goods from the shop. Usdaw general secretary John Hannett said: 'This is major breakthrough in using ASBOs to protect vulnerable retail staff as the severity of the ban sends out a clear signal to anyone who thinks they can verbally intimidate staff and get away with it. We’re delighted it is a ban that covers England and Wales as it means this man can’t just move somewhere else to make other shopworkers’ lives a misery.' Honda staff blast sickness policyWorkers at the Honda factory in Swindon have protested about a policy to send home employees who can only perform restricted duties. Their union Amicus says many of the workers' GPs will not sign them off as unfit for work. It means they receive no sick pay and are subject to the firm's disciplinary process for unauthorised absence. Union officials say this breaches the Disability Discrimination Act. Alan Tomala, the union convenor, said: 'A number of our members who have medical restrictions are being sent home as the company says that no alternative role can be found, despite employing around 4,000 workers at the plant.' Honda said its staff were told when they joined the company that they might be asked to perform different roles from time to time. A statement said: 'The policy helps the company by contributing to the efficiency of production and helps the (employee) by maintaining continuity of employment.' It said it made 'every effort' to temporarily redeploy staff who developed health problems or became 'medically restricted' in their roles. Last year an ex-employee started legal proceedings against the Swindon Honda plant, claiming she had to leave her job after suffering work-related stress, depression and anxiety (Risks 163). Wolves strike threat over sick pay cutsCity council staff in Wolverhampton may strike over proposals to dock their sick pay for the first three days they are off work. Reports say the controversial proposal could be bought in if Wolverhampton city council bosses cannot cut the current rate of absenteeism. Council unions UNISON and UCATT are opposed to the move, saying it would affect low paid and staff who are genuinely ill. UNISON branch secretary Adrian Turner said: 'If the authority pursues the course of stopping three days pay we will have no choice but to consult our members on taking possible industrial action.' UCATT reps at the council said the matter would be referred to its regional office if the new policy was pushed through. Both unions have also raised concerns over moves to take flexi-time agreements away from staff who have been off sick. After being told of the union objections, members of a council scrutiny panel agreed that further research should be carried out into the proposals. Measures already agreed by the council's ruling cabinet to curb sickness absence include an extra day leave for any employee with a 100 per cent attendance record. Don’t be conned on compo, says UsdawSeriously injured retail workers are being warned by their union Usdaw that they could lose thousands of pounds in compensation because of hidden costs in 'no win, no fee' deals. Under these schemes, solicitors charge no fees unless the case is won, but accident victims can find themselves paying unexpected court and expert witness fees as well as having to take out expensive insurance against losing and paying the other party’s costs. Usdaw is urging its members to use the union’s completely free legal service. John Hannett, Usdaw general secretary, said: 'This means seriously injured members can rebuild their lives using their full compensation.' He added: 'You don’t need any money up front to be represented by us and our members can rest assured that any compensation we win for them will be delivered in full with no deductions.' Hannett said he was concerned that unregulated claims firms using high pressure sales tactics could cost his members thousands of pounds. Usdaw last year recovered more than £19 million in compensation for a wide range of workplace accidents. OTHER NEWSGovernment fleshes out incapacity schemeThe government has spelled out the radical back to work help it says will be extended to people who have been on incapacity benefit (IB) for up to three years. Work and pensions secretary Alan Johnson said the successful Pathways to Work pilots, which include more frequent mandatory interviews and which have previously focused solely on new claimants, will be extended to those who have been on the benefit for a long period of time. Alan Johnson said: 'People are already banging on the door asking for more support and today we are extending the scheme that is getting twice as many people off welfare and back into work.' The minister said changes include a new £20 a week Job Preparation Premium to encourage steps towards getting a job; compulsory work-focused interviews with specially trained personal advisers; access to NHS rehabilitation support or other employment programmes; and £40-a-week Return to Work Credit when they get a job. TUC last week gave the changes a 'cautious' welcome (Risks 193). Community, the only UK union with a specific section - the National League of the Blind and Disabled - for workers with disabilities, urged the government to develop 'joined-up policy for workers with disabilities.' Deputy general secretary Paul Gates said: 'Over the past few years many local authority and charity run 'supported factories' for workers with disabilities have faced cash crises and have closed or reduced staff. This has meant that workers with disabilities have been forced out of work and on to benefits. This inconsistency must be addressed.'
It is unsafe to employ racists, tribunal rulesA bus driver was lawfully sacked when he was dismissed for being a member of the far-right British National Party, an employment tribunal has ruled. It found his employer was justified in firing Arthur Redfearn on health and safety grounds. Redfearn had claimed racial discrimination when he was sacked after West Yorkshire Transport Services (WYTS) found out he was standing for election to Bradford Council as a BNP candidate. WYTS's parent company, Serco, welcomed the decision but Redfearn described it as 'scandalous' and said he would consider an appeal. The tribunal upheld Serco's decision to sack Redfearn on health and safety grounds last June because the company feared that WYTS buses, which carry disabled children and adults, could be attacked when the association with a BNP activist became widely known. Public service union UNISON welcomed the decision. It had earlier written to Bradford Council chief executive Philip Robinson and to Serco expressing its grave concerns about Mr Redfearn. Dave Prentis, UNISON general secretary said: 'Our members found his racist views in the workplace intolerable and it is completely unacceptable for a BNP member to be employed providing a public service. Bradford is a multicultural community and there is no doubt that as an active member of the BNP the public would be put at risk if he had been allowed to stay in his job.' Companies fined £95,000 following crypt deathThe death of a 22-year-old Romanian construction worker on a central London construction site has resulted in fines for the companies responsible for his death. Three defendants received penalties totalling £95,000, plus costs of £60,000, at Southwark Crown Court, London. The Health and Safety Executive (HSE) prosecuted structural engineering consultant Lindsay Barr, principal contractor David O’Keefe & Co. Ltd and contractor Britin Construction Ltd, following an investigation into the death on 26 February 2001 of Ionit Simionica during refurbishment work at St Mary’s Church, Westminster. He was buried under a 1.5 tonne section of an unsupported wall during excavation work in a crypt. Following sentencing HSE inspector Barry Mullen, who investigated the case, said: 'Whilst welcoming the verdict handed down by the court today, the fact remains that a young man died in an incident that could have easily been avoided, had appropriate and straightforward safety measures been in place.' The inspector added that the dangers had been previously brought to the attention of both the structural engineer and the contractors. 'The possible risks should have been addressed by uncomplicated measures including a detailed structural investigation, suitable and sufficient risk assessments and adequate protective measures, such as propping of the foundations,' he said. Members of the Construction Safety Campaign handed out leaflets outside the court. Boss faces jail for assault on HSE inspectorA company director faces jail after he was found guilty of repeatedly punching a Health and Safety Executive (HSE) inspector. Self-employed Eric Dawson, 59, became angry when Martin Smith visited his site in Hartlepool in 2003 to tell him some scaffolding was unsafe. Prosecuting, Vicki Lamballe, told Hartlepool Magistrates Court: 'Smith managed to free himself but was pursued by the defendant who ripped his shirt, punched him around the head and chest, chased him and pinned him up against a wall. The defendant denies that he was responsible but was identified in an identification parade as the person involved.' Dawson claimed he was the victim of a conspiracy between police and the HSE. But after a one-day trial Dawson was found guilty and warned he faces jail, with sentencing due on 22 February. He had refused to co-operate with the police in an identification parade and could not prove to the court where he was when the incident occurred on 16 September 2003. District Judge Earl found Dawson guilty of both charges. He ordered an all-option report from the probation service and warned Dawson he could face time in prison. Union welcomes containership safety moveShip officers’ union NUMAST has welcomed UK government moves to press for reductions in accidents to seafarers and dock workers when undertaking lashing work on containerships. A paper submitted by the UK’s Maritime and Coastguard Agency to the ship owners’ organisation IMO (International Maritime Organisation) warns that the safety of personnel is being ignored in the design and layout of lashing equipment. It highlights research showing that about 40 per cent of accidents to dockworkers occur onboard ships and the majority of these are related to lashing activities on containerships. Risk assessments carried out on 248 containerships visiting one UK port showed that almost 25 per cent lacked necessary fall protection. The UK agency is proposing that additional guidance on providing a safe working platform for the securing of containers should be incorporated in the Code of Safe Practice for Cargo Stowage and Securing. NUMAST is backing the UK moves. Senior national secretary Allan Graveson said it was appalling that the arrangements between owners, builders and port authorities allowed hazardous situations to be commonplace. Smoke-free law 'would save lives'There is powerful evidence that an outright ban on public smoking would save lives, doctors' leaders from across the world say. A report by the British Medical Association's Tobacco Control Resource Centre describes the success of anti-smoking laws in other countries. Ireland has seen a drop in cigarette sales and the US state California has reported fewer lung cancers. In the recent White Paper on Public Health for England, health secretary John Reid announced plans for a partial ban smoking in enclosed public places, but also defended the freedom to smoke. Dr Vivienne Nathanson, the BMA's head of science and ethics, said: 'I hope John Reid listens to these doctors' testimonies. These doctors are telling us that partial measures don't work. It's time for the UK government to play fair, and protect everyone from exposure to secondhand smoke at work.' BMA chair James Johnson, said: 'Powerful vested interests peddle myths that smoke-free legislation is unnecessary.' He added: 'Such predictions are little more than scaremongering. The evidence shows that smoke-free laws save lives.' The TUC has said all workers should be protected (Risks 183). Cuba has become the latest country to institute a national ban on smoking in public places, including workplaces.
INTERNATIONALEurope: EC drops 'disastrous' safety enforcement planA controversial plan that could have stopped national enforcement agencies enforcing safety laws for some foreign companies based on their turf is to be revised by the European Commission. The move follows criticism of what TUC described as a 'disastrous' proposal in the draft ‘Directive on Services in the Internal market’ which would have meant the Health and Safety Executive and local authorities would not have be able to inspect, investigate, impose enforcement notices or lay criminal charges against any non-permanent, non-UK European company or individual for any breaches of health and safety law (Risks 160). Health and Safety Commission chair Bill Callaghan had said the plan, which would have switched responsibility to safety bodies in a company’s home country, 'offends the principles of good regulation' (Risks 165). Dropping the proposal, European Commission president José Manuel Barroso said: 'As the Directive was written, it would not have been successful... That is the reason why the Commission unanimously accepted to make some changes.' Union groups have welcomed the move. Bernadette Ségol, regional secretary of service workers’ union confederation UNI-Europa, said 'this is a concrete recognition by the Commission that we trade unions have legitimate concerns with this text. The Commission should ensure that the internal market for services does not come at the expense of workers' rights and health and safety.' John Monks, general secretary of European union confederation ETUC said the Commission move 'is a big step in the right direction for the European trade union movement who have campaigned tirelessly' against the directive. Global: Alarm at piracy deaths increaseThere has been a sharp increase in the number of seafarers falling victim to piracy and armed attacks on merchant ships. UK ship officers’ union NUMAST has expressed its concern after the International Maritime Bureau’s (IMB) annual piracy report for 2004 revealed that pirates preying on shipping were more violent than ever last year and murdered a total of 30 crew members, compared with 21 in 2003. However, the number of attacks reported worldwide through the IMB Piracy Reporting Centre in Kuala Lumpur was 325, down from the 445 recorded in 2003. The report said hijackings of tugs and barges and the kidnapping of crew members were on the rise, especially in Indonesian waters, in the Northern Malacca Straits, and off North Sumatra. Attacks in Nigerian waters were down from 39 in 2003 to 28. However, the report said that offshore Nigeria still had the third highest number of incidents and was regarded as the most dangerous area in Africa for piracy and armed robbery at sea. Ireland: Work deaths shock leads to enforcement rethinkIreland’s safety authorities are to increase health and safety enforcement after reporting a shock increase this year in workplace deaths. The move comes less than a year after the high profile launch of pilot US-style 'voluntary protection programmes', an approach which has been criticised by unions in the US and elsewhere as a dangerous alternative to health and safety enforcement (Risks 169). Minister for labour affairs, Tony Killeen, said: 'The key emphasis is on the prevention of workplace accidents. We cannot take our foot off the pedal in terms of enforcement, inspection of workplaces and making awareness a top priority.' Among new plans revealed in the official Health and Safety Authority’s (HSA) workplan for 2005 was an increase in the number of workplace inspections and the creation of a Special Investigations Unit. HSA chief executive Tom Beegan said: 'I am deeply concerned that 2005 has started out with eight fatalities so far making it the worst January in a decade. We need employers and workers to see health and safety as a vital part of their working requirements and not some optional extra. The costs of failure both in human and commercial terms are immense. It saves money in the long run to put health and safety at the core of companies’ activities and we know it will save lives.' South Africa: Official investigation into manganese poisoningAn official investigation is to be launched into reports that workers at a Samancor Manganese plant in South Africa are suffering and dying from manganese poisoning. The Department of Labour will examine claims that workers overexposed to airborne manganese have developed serious illnesses such as Parkinson's-type disease - manganism - and epileptic seizures. Samancor is part of the multinational BHP Billiton, which has HQ buildings in Australia and the UK. It has consistently dismissed as 'unfounded' the health claims. However, BHP Billiton spokesperson Michael Kemble has now conceded management are aware of one case of manganese poisoning at the Meyerton plant. Kemble said he could not comment further, beyond saying the company undertook to launch an investigation in line with its principle of health and safety 'zero-tolerance.' The National Union of Metal Workers of SA (Numsa) says the company has not done enough to help affected workers. Workers have reported problems including Parkinson's-like disease, epileptic seizures, chronic spasms in the legs, respiratory ailments, dizziness, problems with balance, as well as emotional and mental disturbances. A committee representing the workers says some have already died from illnesses related to manganese poisoning. Last year, BHP Billiton faced union criticism in Australia, after 17 workers were killed in a year the company also declared record profits (Risks 171).
USA: Shipyard workers face manganese poisoning testsAs many as 10,000 current and retired shipyard welders who repaired submarines and other navy vessels may have been affected by welding fume poisoning, a Pearl Harbor trade union has warned. Ben Toyama, vice president of the International Federation of Professional and Technical Engineers, is urging workers to be screened for manganism, a Parkinson's-like disease caused by prolonged exposure to manganese fumes and dust. The heat of the welding process causes small amounts of manganese to be released into the air, where they can be inhaled, union officials said. Today workers are 'well-protected with respirators, and usually work in a well-ventilated areas at the shipyard. This was not always the case in the past,' Toyama said. He added that only a medical examination can confirm the onset of manganism or manganese poisoning, saying 'not every welder might have been poisoned, but every welder should be checked.' He said the union had reports of cases occurring in mainland shipyards. USA: Bush wipes out worker safety trainingPresident Bush's fiscal year 2006 budget proposal has called for the complete elimination of the Occupational Health and Safety Agency’s (OSHA) worker training programme. The $10.2 million (£5.5m) budget line, which finances hands-on training for workers about their rights and the hazards they face, survived both the Reagan and Bush Snr administrations. But while the sole programme providing outreach to workers is to be wiped out, a total of $127 million (£68.5m) is being proposed for initiatives to provide voluntary compliance assistance to employers - despite an official report last year calling for a brake on the unproven programmes (Risks 173). The total budget recommended by the president represents a below inflation rise, or a cut in real terms. According to an analysis by US union federation AFL-CIO, the Bush administration proposes to spend less than $8 (£4.30) per worker to protect American workers from job injuries, illnesses and death. Since the beginning of the Bush administration, 162 full-time positions have been cut from OSHA's staff, mostly from employees working on standards and federal enforcement programmes. According to Jordan Barab, editor of weblog Confined Space, while the Bush administration can’t find money for health and safety inspectors, the 2006 budget does include $7 million (£3.77m) 'to help hire 48 new auditors, and investigate and combat embezzlement of union funds.' Unions will be big losers if the budget cuts are approved - they are major recipients of the safety grants, and run a number of highly regarded health and safety training programmes. RESOURCESWorld’s first safety newswire for your union websiteUnions and safety campaigners can now have the latest health and safety news provided via a newswire direct to their websites. The free service is produced by Labourstart, the trade union news service, and Hazards, the TUC-backed workers’ health and safety magazine. It is thought to be the first health and safety newsfeed anywhere in the world. The newswire includes the ten latest health and safety news stories and is updated by a network of correspondents worldwide every 15 minutes, 24 hours a day, 7 days a week. After just one week, the service was already beaming UK and international safety news direct to 35 union and campaign websites, including national UK unions Amicus, GMB and Napo. Unions in Canada, USA and Australia are already signed up, and many more are due to follow. For those of you more technically minded, the newswire is also available as an RSS feed. Which all means it has never been easier to keep up to date with health and safety news worldwide. US union guide to no smoking law policiesIn the US, states including California, Connecticut, Delaware, Maine, Massachusetts, New York, and Rhode Island have passed laws that ban smoking in all indoor workplaces, including private offices, taxis, restaurants and bars. Similar smoke-free workplace laws are also being passed on the town and county level in many other places. Nancy Lessin, the health and safety coordinator of Massachusetts AFL-CIO, the union federation covering the state, has drafted a union guide to bargaining over the new Massachusetts Smoke-Free Worksites Law. It gives a useful insight into the issues that may face UK unions when the similar laws take effect here.
EVENTS AND COURSESTUC courses for safety repsCOURSES FOR JANUARY TO MARCH 2005Midlands, North, Scotland, South East, South West, Wales, Yorkshire and Humberside Work your proper hours day, 25 February 2005
Working Families’ absenteeism conference, London, 20 April 2005Campaigning charity Working Families will be launching a major new research report into absenteeism at its spring conference. The ‘In sickness and in health’ conference will examine how a culture of well-being and work-life balance can reduce absenteeism and sickness levels in the workplace. The keynote addresses will be given by Alan Johnson, secretary of state at the Department for Work and Pensions and TUC general secretary Brendan Barber. Working Families chief executive Sarah Jackson commented: 'The cost of absenteeism and sickness to British industry is a whopping £11.6 billion. Our research and conference will address the issues of well-being and lack of work-life balance behind these figures and look at how employers can do something about them. We will challenge the myths and assumptions about absence and hear about the strategies that have led to healthy, motivated and productive workforces.'
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. |
The TUC has designated Friday 25 February 2005 ‘Work Your Proper Hours Day’, the day once a year the TUC urges employees to only work their contracted hours. Check out the TUC’s Worksmart webpages for latest news, ideas and resources. And tell TUC your long hours story. You can also send a friend a free e-postcard reminding them to work for pay, not for free. If you want to see how badly the great free work rip-off is affecting you, there’s an unpaid overtime calculator too.Newsletter (5,300 words) issued 11 Feb 2005
