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7. protecting people at work

7.1 Introduction

The TUC has continued to campaign for the development of workplace organisation and safety representatives with a view to reducing occupational injury and illness. It has campaigned on a number of specific workplace issues while attempting to ensure wider access to rehabilitation and compensation.

Health and safety has been a high priority for both the TUC and its affiliated unions over the past year. It has worked in partnership with unions, employers, the Health and Safety Executive, the Government, and the Hazards movement, to ensure that people are not injured or made ill as a result of work or work activities. During the year it has sought greater resources for the enforcement of health and safety; campaigned for stronger regulation at national and European level; and ensured that affiliates and safety representatives got the information necessary to ensure that they can deal with issues if and when they arise.

7.2 Safety representatives

The TUC views strong and effective organisation, through workplace health and safety representatives, as the most effective way of dealing with workplace issues. During the year it developed and piloted further organising tools for use by unions in developing and supporting safety representatives. These materials were made available to affiliates during 2008.

The TUC also met with union health and safety specialists on six occasions. These meetings allowed an exchange of information and good practice and also assisted the TUC in developing responses to national consultations. In addition, the TUC invited a number of outside speakers to attend. These included the Chair of the Health and Safety Executive and the Minister responsible for health and safety, Lord Mackenzie of Luton.

During the year the TUC continued to campaign strongly, but unsuccessfully, for improved statutory rights for safety representatives. The HSE did however draft revised guidance to complement the current regulations. This was agreed by the Board of the Health and Safety Executive in June 2008 and is due to be published in the autumn. In addition they agreed a separate guide for employers which will be available on the web.

The TUC published a new edition of the bestselling book for safety representatives Hazards at Work. In addition, for the first time, the bulk of the contents, those chapters dealing with specific risks and issues, were made available freely on the TUC website.

The TUC also conducted a survey of safety representatives which will be published in October 2008.

The electronic bulletin on health and safety Risks continued to be published weekly. This currently has more than 16,000 subscribers. The format was also revised to make it more accessible.

Guidance for safety representatives was produced on a wide range of issues ranging from skin cancer to footwear. In addition resources or materials were produced to support other events such as Ban Bullying at Work Day, Workers' Memorial Day and European Health and Safety Week.

7.3 Campaigns

The TUC campaigned on a wide range of health and safety issues over the year. This has ensured that the TUC has maintained a high profile on the issue and resulted in considerable coverage within both the general and specialist media. These campaigns also led to a range of resources being made available to unions and safety representatives.

The following campaigns and activities were among those that took place during the year:

• Asbestos - the TUC worked jointly with the HSE in producing materials for a campaign aimed at raising awareness of the problems of asbestos. These materials, which were badged jointly by the HSE and TUC, were extremely popular and well received.
• Occupational cancers - following publication of Occupational cancer/zero cancer, a guide to prevention by a number of international trade union confederations, the TUC developed materials for use by affiliates in campaigning for zero tolerance of carcinogens. In addition the TUC raised the issue with the HSC to seek to ensure greater awareness of the issue and for more resources to be put into prevention and enforcement. The TUC also produced guidance on the prevention of skin cancer caused through occupational exposure.
• Bullying - the TUC supported 'Ban Bullying at Work Day' in October 2007 by producing a guide for safety representatives on combating workplace bullying. The TUC also raised with the HSE, the growing use of mobile phones and internet sites to harass workers. It asked the HSE to revise current guidance on bullying and harassment to ensure that this was addressed.
• Corporate killing - following a long campaign by the TUC and affiliates for a specific offence of corporate killing, a bill finally became law. During the parliamentary process the TUC campaigned strongly for an extension to the bill to address the issue of individual liability and greater sanctions. Although a number of improvements were made to the bill during its passage through parliament the final Act fell short of the TUC's aspirations. During the progress of the bill through parliament the TUC produced a number of briefings for both MPs and peers.
• Directors' Duties - following the enactment of the Corporate Killing and Corporate Manslaughter Act and the production of voluntary guidance for directors the TUC met the HSE to seek assurances that they would review the effectiveness of these measures with a view to reconsidering the case for a statutory duty on directors in the near future. The HSE agreed to set up a steering group which would monitor the effectiveness of the guidance and make recommendations to the HSE board and government at a future date. The TUC has three nominees on this steering group.
• Occupational health - the TUC produced a detailed response to the government review of occupational health conducted by Dame Carol Black. In addition there were a number of meetings with Dame Carol and the review team. In response to the issues raised in the response the TUC worked with unionlearn to produce a workbook and training designed to help ensure that safety representatives were better equipped to deal with occupational health issues such as sickness absence and return-to-work issues. In addition the TUC sat on the Government's Work, Health and Well Being Stakeholder Council and advised groups looking at sick notes and return to work issues.
• Rehabilitation - the TUC worked jointly with the Department for Work and Pensions to commission research into the effectiveness of access to rehabilitation for a range of common conditions, in particular mild to moderate depression and anxiety and musculoskeletal disorders. The TUC was also represented on the Rehabilitation Stakeholder Council by Susan Murray of Unite, Claire Sullivan of CSP and Hugh Robertson of the TUC.
• Chemicals - the TUC continued to raise the issue of chemical safety with the HSE and responded to a number of consultations on chemical safety. In addition it continued to call for closer integration between the existing workplace chemical safety regulations and the new European chemical directive, REACH.
• Musculoskeletal disorders - in support of European Health and Safety Week the TUC produced further guidance for affiliates on preventing musculoskeletal disorders, including back pain and RSI. In addition it worked with unionlearn to develop training materials on the issue: these were launched by the Health and Safety Minister during European Health and Safety Week.
• Migrant workers - following the production of guidance for safety representatives in dealing with migrant worker issues, the TUC worked with the European TUC to develop materials at European level aimed at ensuring that unions addressed these issues. It also worked with the HSE on the development of its own materials and websites in support of migrant workers and raised the issue with the DWP select committee looking at health and safety.
• Footwear and standing - following an approach from the Society of Chiropodists and Podiatrists the TUC produced guidance for safety representatives on the use of footwear at work and the dangers caused by prolonged standing.
• Regulation and enforcement - during the year the TUC continued to argue for greater enforcement of health and safety law and also opposed any attempts to reduce the scope of the regulatory framework. This included successfully arguing against attempts to remove the requirement to display a health and safety poster in the workplace, working with the HSE on a more 'joined up' approach to enforcement with other regulators and giving evidence to the DWP Select Committee on the Work of the HSE about the need for greater enforcement activity. In addition it responded to two consultation exercises from BERR on health and safety enforcement.
• HSE resources - the TUC gave evidence to the Select Committee on the Work of the HSE concentrating specifically on the need for greater resources for the HSE. In addition it wrote to all MPs and met with the Health and Safety Minister and the Secretary of State, at the time when the Government was considering a five per cent year-on-year reduction of funding for the HSE, to call for increased resources for the HSE.
• Fire safety - the TUC worked with the rail unions to resist attempts to reduce the level of fire safety regulation for underground stations. This resulted in the original proposals being withdrawn and revised regulations, considered by the unions to be more appropriate, being introduced.
• Offshore safety - following an increase in the number of fatalities in the offshore oil and gas industry the TUC met with the HSE to seek greater resources for inspection and enforcement activity in the North Sea. In addition they asked for the HSE to consider a common permit-to-work system. The TUC also raised, at the HSE Board, the need to review the effectiveness of the current safety representatives' regulations as they applied offshore.

Health and safety brand - following a number of high profile attacks on both health and safety regulation and the HSE in the press and by a number of public figures, the TUC produced a booklet seeking to dispel myths that were being reported in the press. In addition the TUC made presentations to a number of high profile conferences on the importance of defending and supporting the health and safety regulatory framework.

7.4 Compensation and rehabilitation

During the year there were a number of major initiatives in the field of compensation for occupational diseases and illnesses. The first of these was the government review of the claims process which had commenced in 2007. The TUC had responded to a consultation exercise on this and expressed considerable concern over the proposals, which it felt would undermine the ability of claimants to seek compensation. Following representation from trade unions the Ministry of Justice agreed not to extend the proposed changes to employer liability claims.

The TUC also met with the Minister of State at the Department for Work and Pensions to discuss the future of industrial injuries disablement benefit. The Government had consulted on the future of this and the TUC had made a detailed response asking for an expansion of the scheme, greater coverage and clearer links to both rehabilitation and prevention. During the year the TUC continued to press for an extension of the scheme and sought an assurance that changes would be included in the forthcoming welfare reform green paper. The TUC continued to sit on the Government's rehabilitation task force and sponsored the production of a report into what interventions worked, for what conditions, and at what stage. This report was published in July 2008. In addition the TUC made representations to the minister on removing tax liability for vocational rehabilitation.

The TUC continued to campaign for justice for those workers who developed illnesses as a result of working with asbestos. It campaigned strongly for the restoration of the right to compensation for those with pleural plaques following a House of Lords ruling depriving them of such a right. In addition it gave support to a proposal to set up a scheme of state benefit to all those who develop mesothelioma. These provisions, which were contained in the Child Maintenance and Other Payments Act, would allow those with mesothelioma to receive payments within six weeks of diagnosis. The TUC also continued to press the Government to improve the tracing scheme to help those who develop long-tail diseases such as mesothelioma to trace their former employers' insurance company more easily.

The Industrial Injuries Advisory Council, on which the TUC is represented by Claire Sullivan from CSP, Fergus Whitty, formerly of Unite, and Hugh Robertson from the TUC Office, produced a number of reports including ones on testicular cancer in firefighters, bladder cancer, asbestos and laryngeal cancer, and retroperitoneal fibrosis. In addition, following representations from the TUC, the prescription for occupational diseases was widened to include popcorn workers lung and osteoarthritis of the knee in miners.

7.5 Health and Safety Commission and Executive

The TUC was represented on the Health and Safety Commission by Liz Snape from the General Council, Danny Carrigan, former Assistant General Secretary of Amicus, and Hugh Robertson of the TUC Office. Following a consultation, the Health and Safety Commission and Health and Safety Executive merged into one body with effect from 1 April 2008. The former Commission members then became non-executive members of the Board of the Health and Safety Executive.

During the year the TUC commissioners/board members played an active role in all HSC and HSE decisions and were instrumental in getting considerable and important changes to a number of regulations. Reports on the meetings of the board were sent to affiliates after each meeting.

In addition the TUC continued to have useful and ongoing dialogue with the HSE policy staff, many of whom gave presentations to the Union Health and Safety Specialists during the year. In addition the Chair of the new Health and Safety Executive attended a meeting of the Union Health and Safety Specialists to give her view of the future direction for the HSE.

In 2008 the Work and Pensions Select Committee had an evidence session on the work of the Health and Safety Executive and Health and Safety Commission. The TUC gave evidence and made it clear that it was a strong supporter of the current health and safety framework and of the work of the HSE, however it had major concerns over the lack of enforcement activity and the level of financial resources allotted to the HSE. The TUC also called for an extension to the duties on employers to consult with safety representatives. The Select Committee report echoed many of the TUC concerns.

The HSE has a number of advisory committees and forums on which there are trade unions representatives who are nominated through the TUC by trade unions (see list below).

TUC MEMBERSHIP OF HEALTH AND SAFETY SUBJECT ADVISORY COMMITTEES

• Advisory Committee on Dangerous Pathogens
  • John McLuckie (Unite)
• Advisory Committee on Toxic Substances
  • Professor A M Hay (University of Leeds)
• Bud Hudspith (Unite)
• Susan Murray (Unite)
• Industry Advisory Committees and Forums
  • Agriculture
    • Chris Kaufman (Unite)
    • Ivan Monckton (Unite)
    • Ian Beeby (Unite)
  • Broadcasting, Film & Performing Arts
    • Andy Egan (BECTU)
    • Pauline Dalby (MU)
    • Judy Franks (Equity)
    • Sue Craft (NUJ)
    • Geoff Saunders (Unite)
  • Construction
    • Bob Blackman (Unite)
    • Rob Miguel (Unite)
    • Alan Ritchie (UCATT)
    • Steve Kelly (GMB)
  • Food Manufacturers H & S Forum
    • Doug Russell (USDAW)
    • Ronnie Draper (BFAWU)
    • Susan Murray (Unite)
  • Health Services
    • Gail Cartmail (Unite)
    • June Chandler (UNISON)
    • Mervyn Dawe (UNISON)
    • Claire Sullivan (CSP)
  • Local Authority Forum
    • John McClean (GMB)
    • Hope Daley (UNISON)
    • Alan Perry (Unite)
  • Nuclear Safety
    • John Billard (Prospect)
    • Barry Cripwell (Unite)
    • Malcolm Bonnett (Unite)
    • Stephen Napier (Prospect)
  • Offshore
    • Allan Graveson (Nautilus UK)
    • John Taylor (Unite)
    • Steve Todd (RMT)
    • Graham Tran (Unite)
  • Paper and Board
    • Owen Coop (Unite)
    • Bud Hudspith (Unite)
    • Alan Harvey (Unite)
    • Malcolm Bonnett (Unite)
    • Steve Edwards (GMB)
    • Michael Eede (Unite)
    • David Watts (Unite)
  • Printing
    • Tom Usher (Unite)
    • Owen Coop (Unite)
    • Bud Hudspith (Unite)
    • Terri Miller (Unite)
    • Stewart Eaves (Unite)
    • Eddie Barker (Unite)
    • Philip Doe (Unite)
    • George McIntyre (NUJ)
  • Rubber
    • Alan Harvey (Unite)
    • Jim Marshall (GMB)
    • Ken Campbell (GMB)
    • Malcolm Potter (Unite)
    • Robert Taylor (Unite)
    • Margaret Armstrong (Unite)
    • Jim Reed (Unite)
  • Textiles
    • Paul Gates (Community)
    • Bev Clarkson (Unite)
    • Peter Booth (Unite)
    • Gordon Rudd (Unite)
    • Sheila Bearcroft (GMB)
  • Quarries
    • Susan Murray (Unite)

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