date: 16 February 2005 embargo: 00.01hrs Thursday 17 February 2005

Attention: industrial, political correspondents, health and safety media

Hundreds of safety whistleblowers sacked every year

Hundreds of workers are being sacked every year for refusing to work in unsafe offices and factories because the law that is meant to protect them is failing to stop their negligent bosses from showing them the door, according to a joint TUC/Hazards investigation published today (Thursday).

‘In the firing line’, the lead story in the Spring issue of the TUC-backed health and safety magazine Hazards, says that in the five years since 1999, 1,500 workers have found themselves out of a job for raising safety concerns with their employers.

The TUC says that under the 1996 Employment Rights Act workers have a right to refuse to do dangerous work, but because an employer found guilty of unfairly dismissing someone on safety grounds may be looking at a penalty of as little as £3,800, many unsafe bosses find it cheaper to sack than make improvements.

Although workplaces with unions are likely to be safer places than those with no union presence, a union safety rep trying to improve the safety of working practices can find their attempts thwarted by employers with scant regard for the health and safety of their employees. Safety reps can raise safety concerns with their bosses, but employers can simply choose to ignore their approach, for there is no legal duty on them to respond says the TUC.

TUC General Secretary Brendan Barber said: 'It shouldn’t be a firing offence to object to unsafe work. Workers should not be placed in the situation where they are forced to choose between risking their job or risking their personal health and safety. We need a legal system that protects safety whistleblowers, not rewards them with their cards.

'The problem is far worse than official statistics show. Unionised workers get advice and representation so are far more likely to get their job back where employers do the wrong thing. Workers who aren’t in a union, and casual and migrant workers stand little chance of redress.'

Hazards Editor Rory O’ Neill said: 'Giving union safety reps more rights in more workplaces is the ultimate win-win. It provides skilled, trained on-the-ground union safety advisers at absolutely no cost to the Government, complementing the work of the Health and Safety Executive and saving lives in the process.

'Death and injuries at work increased last year, for the second time since the turn of the century. It would be a fatal mistake not to take full advantage of the union safety effect.'

The TUC and Hazards are calling for several improvements to be made in an attempt to reduce the number of workplace accidents which saw 235 deaths and nearly 31,000 serious injuries happen in the UK last year:

• The Government should introduce a system of roving safety reps in the UK to allow unions to bring safer working to workplaces where there is no union presence. The experience of other countries like Italy, Norway and Australia suggests that roving reps can have a significant impact on improving workplace safety records.

• The Government should allocate more resources to allow the Health and Safety Executive and local authorities to increase the number of workplaces they can inspect each year.

• In Australia, unions are able to use Provisional Improvement and Provisional Prohibition Notices against employers who take risks with the health and safety of their workforce. The Notices are proving very effective at curbing dangerous working practices, and the Government should introduce a similar system here.

• There should be a right for workers and union safety reps to refuse to work in dangerous workplaces without the fear of victimisation or dismissal, and where an employer has been found guilty of unfair dismissal, the employment tribunal should have the right to give the worker their job back.

NOTES TO EDITORS:

Official statistics show that there were:

• 235 fatal injuries to workers in 2003/04, up 4 per cent on the 2002/03 figure of 227.
• 30,666 reported major injuries to employees in 2003/04, up 9 per cent on the previous year.
• 129,143 over-3-day injuries to employees in 2003/04, up 0.7 per cent on the previous year.

Source: Health and Safety Statistics Highlights 2003/04, HSE, November 2004 www.hse.gov.uk/statistics

The full Hazards article can be found at www.hazards.org/safetyreps/rights.htm

The Spring 2005 issue of Hazards is out now. For subscription inquiries or orders contact Jawad Qasrawi on 0114 235 2074 or email sub@hazards.org

Contacts:

Media enquiries : Liz Chinchen T: 020 7467 1248; M: 07778 158175; E: media@tuc.org.uk

Press release (800 words) issued 17 Feb 2005