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Risksissue no 199 - 19 March 2005 |
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Editor: Rory O'Neill of Hazards magazine. Comments to the TUC at healthandsafety@tuc.org.uk. Risks is taking an Easter break * The next Risks, issue 200, will be out on 2 April. To keep up-to-date with the news, check out the Hazards/Labourstart health and safety newswire, updated every 15 minutes, 24/7. 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 NEWSTGWU drives transport working time watchTransport union TGWU has launched a 'working time watch' to make sure new rules on driving hours for commercial drivers are properly implemented by employers and give workers sufficient protection. The union is calling on professional lorry and coach drivers and its shop stewards and full-time officers to monitor closely the operation of the working time regulations and guidelines, which now apply in the sector. Ron Webb, TGWU national secretary for transport, said the issues of periods of availability, using holidays to calculate average working time and the controversy around occasional drivers were still very much 'live' for the TGWU and its sister union URTU (Risks 184). 'We have asked the European Commission for a view on what the UK government have done aided and abetted by the employers,' he said. 'We want to see the 48-hour week with no loss of pay for our members. That is still our position even with these regulations and guidelines.' Announcing the new regulations, tr ansport minister David Jamieson said: 'These regulations should deliver safety benefits for drivers and other road users, improve drivers' working conditions and help make the road transport sector more attractive as a career choice.' He added: 'We have worked closely with industry and unions to ensure that the new arrangements are practical, clear and equitable. We intend to review the new rules in the light of operational experience to make sure that this remains the case.' The commitment to review the regulations within a year came after a meeting between ministers, TGWU, URTU and TUC. Unions launch probe into aircraft airPilots’ union BALPA is calling for a major investigation into the risks posed by contaminated air in aircraft. It says almost all commercial aircraft 'bleed' air for the cockpit and passenger areas from the engines, raising concerns that cabin air could become contaminated with engine oil. 'There has been concern in the civil aviation industry for a long time about the contamination of cabin air,' said the BALPA chair, Captain Mervyn Granshaw. 'Now we are determined to get to the bottom of it.' BALPA has joined forces with University College, London, Imperial College, London, and others and submitted a detailed research proposal to the UK Aviation Health Working Group, which is part of the Department of Transport. Also backing the proposal are cabin crew unions TGWU and Amicus, and the Occupational Health Research Consortium in Aviation in North America. BALPA says potentially hazardous contaminants including engine oil and other toxic chemicals have been found in cabin air. Captain Martin Alder, BALPA’s flight safety group chair said: 'Our detailed proposal offers the most cost effective way of sampling ‘contaminated air events’ as they happen, suggests a medical protocol for dealing with affected crew members, and will give us a clear idea of the scale of the problem we may be facing.' BALPA says it is also to co-ordinate the first international conference on this issue. BP unions help turn around safety performanceFor the first time in its history the BP complex at Grangemouth, Scotland, has achieved 10 million worker hours with up to 3,000 employees working a full calendar year without a single day away from work as a result of injuries. Amicus regional officer Bobby Buirds and John Mellon, chair of the Grangemouth contractors, hailed the 'historic' landmark in a joint statement. 'This remarkable achievement would not have been possible without the joint efforts and engagement of the workforce of BP, contractors and the trade union site safety reps,' the statement said. 'It will also be a comfort for the families of the workforce to know that their loved ones are working in a safe environment.' They said all sides would remain vigilant for any signs of complacency, adding 'health and safety training and awareness will remain a major priority issue.' To mark the achievement, the BP combined workforce is to donate minibuses to two local schools, as well as provide support for other local community initiatives. The Grangemouth site has previously attracted criticism for safety lapses (Risks 120). Physios warn 'hurried women' to slow downThousands of women battling to cope with greater working hours on top of a hectic home life could be risking poor physical and mental health, according to a new report from physios’ union CSP. It says physiotherapists are seeing an increasing number of female patients of working age falling victim to the 'hurried woman syndrome', a condition characterised by chronic stress and exhaustion. Physios say juggling a spouse, children, relatives, friends and a boss has become the norm. They believe this type of hectic lifestyle can put your physical and mental health at great risk. Ann Mayne from the Association of Chartered Physiotherapists in Women's Health (ACPWH), said: 'If women are not careful, struggling to manage a busy work and home life can take its toll on their mental and physical health. Hurried women need to be able to spot the signs and take action. High stress and anxiety levels, mild depression, physical exhaustion, digestive disorders and low self-esteem are all indicators that something is not right.' OTHER NEWSHSE given more teeth and larger roleNew and higher penalties are to be introduced for workplace safety crimes and the Health and Safety Executive (HSE) is going to have a greatly expanded inspection empire absorbing four other agencies, the government said this week. The changes announced in the final Hampton report on 16 March and endorsed the same day in the Chancellor’s Budget speech, were welcomed by Health and Safety Commission (HSC) chair Bill Callaghan. He said HSC 'we strongly welcome the recommendations to increase penalties, and to augment the range of sanctions available to our inspectors by using administrative penalties and to explore the use of restorative justice orders - issues which we already have under consideration.' Timothy Walker, HSE director general, said: 'The addition to our remit of the inspection role of the Coal Authority, the Engineering Inspectorate, the Adventure Activities Licensing Authority and the Gangmasters Licensing Authority will allow us to build on the synergies between us and the work of these regulatory bodies.' TUC head of safety Hugh Robertson commented: 'The TUC broadly welcomes the fact that the review has focussed on avoiding duplication rather than reducing regulation. It recognises the importance of a strong regulatory regime and we welcome the expansion of the role of the HSC. We also welcome the commitment to higher penalties. The TUC will be using the report to argue for more resources for the HSC and more research into what forms of enforcement are most effective.' Lawrence Waterman, president of the safety professionals’ body IOSH, welcomed the Chancellor’s announcement, but warned 'it will be necessary to ensure that adequate resources for the expanded role are provided. IOSH would be bitterly opposed to any move that took resources away from regulation in the workplace.'
HSE forced to be a public safety enforcerThe Health and Safety Commission has been forced to undertake a radical overhaul of a policy that restricted HSE’s role in enforcing health and safety law in relation to public safety issues. Critics fear the new rules will mean fewer resources will be available for HSE workplace inspections. The policy reverse came after the Centre for Corporate Accountability (CCA) submitted a legal opinion that the policy was 'unlawful' and fundamentally flawed. The policy would have meant that in relation to certain defined activities - involving the police, hospitals, road traffic incidents, local council and others - HSE inspectors would not investigate possible breaches of employer duties in relation to the safety of the public, or take enforcement action. CCA director David Bergman, said the enforced policy u-turn had stopped HSE 'almost entirely withdrawing from the enforcement of public safety issues.' TUC head of safety Hugh Robertson commented: 'The TUC regrets that the HSE was forced to change its investigations policy. The Health and Safety at Work Act is primarily about protecting workers. It is not a piece of general public protection legislation. This decision will mean that resources may be moved away from investigating workplace injuries and fatalities. The TUC believes it is crucial other deaths, injuries and illnesses such as hospital acquired infections should be investigated but the HSE is not the best body to do so.' He added: 'Spreading HSE resources thinner still is not in the best interests of either the workforce or the public.' Worker safety advisers continue to be thin on the groundThe Health and Safety Commission has announced the 11 award winners from the second round of the Workers’ Safety Adviser (WSA) Challenge Fund, The fund was created in response to union pressure for a system of 'roving safety reps', which had proven highly effective in pilot studies. Only two of the eleven approved in this second tranche is union-led, however, although four of the others include unions as partners. Each project has been awarded between £44,000 and £99,822 'to engage and enthuse employers and workers alike, through the activities of the Workers’ Safety Advisers they employ, to establish collaborative environments in which to drive through improvements in occupational health and safety,' said HSC. It added: 'Workers who have a voice, influence and responsibility on health and safety matters are safer and healthier than those who do not.' The WSA projects cover 707 small and medium-sized enterprises (SMEs). The National Audit Office estimates there are 3.8 million small businesses in the UK, so the WSA scheme is reaching less than 0.02 per cent of the total. UCATT and the Scottish Trade Union Congress are the union organisations leading projects; Amicus, UCATT, TGWU, North West TUC, GMB and the TUC regional education service in Scotland are all involved as project partners. Studies have shown it is a union voice at work that is the best guarantee of safety. Carpenter’s life priced at £7,500 by courtA London construction company has been fined £7,500 after a site worker died in a fall. The prosecution of Circleworth Ltd followed a Health and Safety Executive (HSE) investigation into the death of Edward Smith on 18 November 2002. Mr Smith, a 63-year old self employed carpenter, fell approximately 2.4 metres from the exterior access scaffold during a house refurbishment. The ladder that was used on the day of the accident to access the scaffold was too short. HSE investigating inspector Kevin Shorten said: 'The tragic death of Edward Smith and the grief suffered by his family and friends at the firm, could have been avoided if the company had ensured that the ladder used to access the scaffold was long enough to extend 1m past the landing point and was secured in place. Any contractor or site foreman who reads about this case should make sure they check the ladders in use on their sites.' The company pleaded guilty to safety offences and was fined £7,500 and ordered to pay £2,877 costs. Asbestos sheets killed joinerA Newbury joiner died after years of prolonged contact with sheets of asbestos which he would cut 'like planks of wood,' an inquest has been told. Melvin Raymond, 63, worked with the asbestos sheets without protective gear, during spells with Vickers Armstrong, Hedges Joinery and Stradlings in Newbury. Mr Raymond was diagnosed with the asbestos cancer mesothelioma in October 2004 and died on 17 February this year of bronchial pneumonia caused by the tumour. Berkshire coroner Peter Bedford returned a verdict of death by industrial disease. He offered Mr Raymond’s daughter Christine his condolences and added: 'This is an all too sad and familiar set of circumstances. It's a truly horrible disease, and I'm so sorry it had to happen to a member of your family.' In January, Risks reported that joiner Ian Lunn, 61, had been found by an inquest to have died of the same condition, again caused by workplace exposures to asbestos (Risks 191). Insurers in 'shameless' appeal in asbestos caseAviva and Zurich Insurance are to appeal against a legal decision which found insurance firms are liable to pay compensation for pleural plaques caused by exposure to asbestos. The High Court ruled last month that people with pleural plaques - shadows on the lung lining due to asbestos scarring - should receive compensation (Risks 195). Damages of between £5,000 and £15,000 have been awarded to tens of thousands of people with pleural plaques since three High Court rulings in the 1980s made the condition 'compensatable'. Last month’s court case concluded that anxiety over developing asbestos-related diseases was a valid basis on which compensation could be paid. But it did reduce the level of compensation that could be awarded in future payouts. Aviva - which trades as Norwich Union in the UK - said it was appealing because the previous ruling 'has not brought clarity to the issue'. The February ruling was also made against the UK government, which remains liable for asbestos claims involving the former state-run shipbuilding industry. The government said it would not be joining the insurance companies in the appeal. Asbestos victims’ groups have branded the appeal 'a disgrace.' Colin Ettinger, the president of the Association of Personal Injury Lawyers, called the legal challenge 'nothing but a shameless and greedy attempt by insurers to save yet more money at the expense of injured people.'
Enforced 'binge working' is creating a nation of workaholicsOverwork is forcing workers into unhealthy lifestyles as they attempt to reconcile long working hours and family responsibilities, according to a new report. Half of the parents surveyed for ‘Time, health and the family: What working families want’ were unhappy with their work and family balance. A majority reported that work dominated their lives, and family life suffered as a result. Working long hours also led to increased levels of stress, resulting in irritability, exhaustion and depression, said the report from Working Families. Chief executive Sarah Jackson commented: 'This disturbing report shows us that binge-working is turning us into a nation of workaholics. This is having a disastrous effect on our health, our family life and our performance at work. We need to work shorter, leaner hours and make time for our families and communities.' Parents blamed heavy workloads and the working culture of their organisations for the long hours they were working and called on their employers to think again about the need for long hours working. They reported that as their working hours increased their morale and productivity decreased. One of the authors of the report, Professor Cary L Cooper of Lancaster University, said: 'The clear message to employers from this research is that ‘Time is up on long hours working’.' CIPD calls for real action on workplace bullyingThe Chartered Institute of Personnel and Development (CIPD) is urging employers to tackle bullying and other undesirable behaviour at work. It says the majority of employers (83 per cent) have an anti-bullying policy in place, but the average employer still spends nearly 450 days of management time every year dealing with workplace conflicts and faces additional costs such as lost productivity, sickness absence and higher than expected turnover of employees. Launching a new guide, ‘Tackling bullying at work’, CIPD said it 'offers alternative ways to tackle the difficult issues surrounding bullying at work and suggests how to implement an effective policy.' CIPD’s Imogen Haslam said: 'Employers should work with staff to create a dignity at work policy that defines the positive behaviour expected from all employees. This will help make sure staff know what is expected from them and it will be easier to identify when someone is acting unreasonably. The next step is to provide training to all line managers and team leaders to help them recognise the signs of bullying or undesirable behaviour and take action to encourage people to recognise and change their behaviour before situations escalate.' She added: 'There is a very fine line between firm autocratic management styles and bullying, and often bullies are unaware of the negative impact their actions may have.'
INTERNATIONALAustralia: Union prosecutes unsafe banksUnions in Australia are taking their own enforcement action to make sure bank employers take urgent safety action. Bosses at top Australian bank ANZ ignored four calls to improve safety before robberies at its Peakhurst branch left five staff suffering trauma and ongoing medical problems. In the fourth robbery in April 2003 criminals used a sledgehammer to menace staff. The bank was fined Aus$175,000 (£72,000) this month after the Finance Sector Union proved ANZ had failed to provide a safe workplace. After each robbery the FSU had made submissions urging the bank to solve security problems. Last year ANZ spent Aus$55 million (£22.7m) improving security across its branch network. An earlier high profile FSU safety prosecution over security failings at another ANZ branch prompted the upgrade. In this earlier case, the bank was fined Aus$156,000 (£64,300). FSU assistant secretary Mel Gatfield said the cases show the value of union-led prosecutions of unsafe employers. She said she is concerned at a possible federal government move to stop unions bringing prosecutions. The union had asked the official safety watchdog Workcover to investigate after the first Peakhurst robbery, but 'didn’t get a response', she said. Australia: Racetrack union refuses deadly track hurdlesMelbourne's jumping season fell at the first hurdle when Sandown racecourse workers scratched the steeplechase from the card on safety grounds. Australian Workers’ Union (AWU) members slapped a Provisional Improvement Notice (PIN) on heavy, outdated steeples that have led to cuts, bruises and back injuries. Union reps in several Australian states can issue PINs, which have the same legal clout as improvement notices issued by the official safety authorities. AWU secretary, Bill Shorten, said there would be no steeplechases at the course until the club dusted off new, lightweight hurdles sitting in its storeroom. He said: 'The old model is cumbersome and heavy and our members have sustained a range of injuries in getting them off the track in time. If they took too long, the horses would be back around and everyone would be in trouble.' The ban came days after race clubs, riders and industry representatives joined forces to honour hundreds of jockeys who have lost their lives in race falls. In the last week two jockeys, both in their twenties, have died in falls on Australian race courses. China: Gem workers face deadly dust diseasesChronic occupational illness and injury has become a common phenomenon in the prosperous cities of southern China, according to a campaign group. Since 2000, many cases have surfaced in several Hong Kong-financed jewellery factories in Guangdong Province, says China Labour Bulletin (CLB). It adds that these workers find themselves living out their remaining days in the worst slums, trying to seek compensation and justice for chronic conditions including silicosis. According to the report, in most cases the victims were the family breadwinners before their lungs were affected by the deadly dust from cutting precious stones. A top level delegation from the US teaching union AFT in February investigated the 'egregious' practices of a number of gem factories that sell their products to western jewellery companies. CLB reports that workers strongly criticised the Chinese government for failing to enforce health and safety laws. They told the union delegation that the official, government sanctioned union body, ACFTU, has complied with government wishes and rebuffed their requests for help. The workers said that although failure to provide protection from dust hazards is a violation of Chinese law, this is routinely ignored by government officials and ACFTU.
Mauritius: 'Too much task kill the workers' say protestersThe suspected overwork death of a Chinese migrant labourer at a Mauritian textile firm has sparked major protests. An estimated 300 Chinese migrant workers employed by Compagnie Mauricienne du Textile (CMT) took to the streets of the Mauritian capital Port Louis, waving a banner that read 'too much task kill the workers.' Police fired tear gas and wielded clubs to disperse the march. The Chinese workers said they are forced to work overtime until eleven or twelve at night. The global union representing workers in the sector has accused the company of taking advantage of the desperate needs of migrant workers. Neil Kearney, general secretary of the International Textile, Garment and Leather Workers Federation (ITGLWF), said: 'Migrant workers typically start work owing almost everything they earn, because they have had to pay large sums to a labour broker to secure an overseas job. Is it any wonder that many feel they have no alternative but to work overtime?' Calling for a government investigation, he said: 'Companies like CMT should be working to ensure long-term stability by improving respect for labour rights, instead of trying to compete with China by working its migrant workers to death.' USA: Wal-Mart seeks 16 hour 'sweatshops on wheels'Public safety advocates and transport unions have called on the US government to defeat a proposed law being pushed by Wal-Mart and other retail and short-haul truckers that would extend truckers’ workdays to 16 hours. They say research shows the move would lead to a dramatic increase in highway crashes. 'Requiring truckers to work 16 hours straight is inhumane,' said Joan Claybrook, president of Public Citizen. 'It’s pure exploitation and a safety hazard to have rolling sweatshops on our highways where drivers work the equivalent of two full workdays in a single day.' Jim Hoffa, president of the Teamsters Union, which is part of the coalition opposed to the proposal, added: 'On behalf of the 600,000 Teamsters who work on our nation’s highways and byways, and in the interest of public safety, we must stop this ill-conceived measure in its tracks.' The National Transportation Safety Board estimates that 30 to 40 percent of truck crashes are caused by tired truckers. Wal-Mart - the world’s largest retailer - is among the USA’s worst 100 carriers in terms of crash rates, according to official figures. The company is fast becoming a workplace safety pariah. In the US early this year Wal-Mart faced wide condemnation for child labour offences, which it followed up with a sweetheart deal with authorities which could have prevented it being caught out again (Risks 195). Canadian officials fined the company earlier this month for failing to report workplace accidents (Risks 198). RESOURCESPregnancy risk assessment checklistRetail union Usdaw has published a new pregnancy risks assessment checklist. It says employers have a legal duty to protect pregnant women and their children from any work-related risks, and says its checklist 'gives advice on some of the more common factors that may cause a risk to pregnant women.'
EVENTS AND COURSESTUC courses for safety repsCOURSES FOR APRIL TO JULY 2005Midlands, North, North West, Scotland, South East, Yorkshire and Humberside Train drivers back Workers’ Memorial Day, 28 April
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 leader of train drivers’ union ASLEF is backing the Construction Safety Campaign’s Workers’ Memorial Day event in London. Keith Norman, acting general secretary of ASLEF, will join London mayor Ken Livingstone in the march to the Health and Safety Executive’s London HQ. He said: 'Construction sites, like railways and many workplaces, are inherently dangerous places and train drivers know that the best guarantee of a safe working environment is vigilant trade union and health and safety workplace representatives armed with real powers.' Local and national union bodies nationwide are organising Workers’ Memorial Day events on 28 April. The day is now marked by unions in over 100 countries worldwide.Newsletter (4,600 words) issued 18 Mar 2005
