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Risks Newsletter

Number 264 - 8 July 2006

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Hazards logo - warning sign Editor: Rory O'Neill of Hazards magazine. Comments to the TUC at healthandsafety@tuc.org.uk

Risks is the TUC's weekly online bulletin for safety reps and others, read each week by over 13,000 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 NEWS
Blitz proves the union safety case

A Health and Safety Executive construction blitz which found most sites visited had potentially life-threatening work methods proves the case for enforcement and greater safety reps' rights, the union Amicus has said. Health and Safety Executive inspectors on a one-day site blitz last month issued 17 work stoppages on 19 sites visited (Risks 263). Amicus construction safety officer Rob Miguel said: 'How many of these situations would have resulted in serious injury or death if the HSE had not carried out these all-too-infrequent inspections? We'll never know, but we do know that inspections are the only way to ensure safety, particularly on small construction sites like those targeted in June.' He added: 'The HSE produces plenty of useful guidance on how employers can ensure their workers are in safe conditions, but guidance is no substitute for an expectation that if you work unsafely, you risk being caught.' He said it was a 'well known fact' that the HSE has been drastically reducing its enforcement action (Risks 257). Amicus says a government freeze on HSE's budget has amounted in real terms to a 10 per cent cut, so 'HSE does not have the resources to police safety effectively. This is why we need roving safety reps and an improvement in the rights of safety reps, to fill the gap left by a reduced HSE inspection regime'.



Rail worker wins stress disability claim

A Heathrow Express worker fired after suffering stress-related illness as a result of a workplace 'needlestick' injury has won an unfair dismissal claim. An employment tribunal ruled RMT activist Sally Jenkins should be reinstated after Heathrow Express failed to consider reasonable adjustments to her role as a customer services representative to help her return to work from illness, in breach of the Disability Discrimination Act. She was also awarded £14,862 for loss of earnings and injury to her feelings. She had suffered panic attacks, anxiety and depression following the May 2001 needlestick incident and the months of uncertainty waiting for the result of an HIV test. After her most recent period of sickness leave, Sally's GP, therapist, consultant psychiatrist and occupational health doctor all recommended that she was fit to return to work. However, despite a recommendation in September 2005 from the company's own consultant psychiatrist that Sally could be eased back into work, she was dismissed on health grounds last December. 'This ruling has lifted a massive weight from me and I feel relieved and completely vindicated,' Sally Jenkins said. 'It has been a long haul, but RMT backed my case all the way.' RMT general secretary Bob Crow said: 'It is particularly breathtaking that Heathrow Express treated her so badly when the injury that sparked her problems was sustained at work.'

Post managers dangerously overloaded

Royal Mail postal managers are reaching breaking point as a result of increasing workloads and staff shortages and should not face further cutbacks, their union has warned. Amicus says Royal Mail has in recent weeks notified almost 700 managers that they have been selected for redundancy. The union is calling for an urgent meeting with Royal Mail chair Alan Leighton and intends to demand a block on redundancies and further organisational changes until a thorough assessment of work organisation at Royal Mail is undertaken 'with the aim of addressing the long hours culture that exists.' Amicus says it is dealing daily with cases of postal managers suffering from stress, bullying and harassment. It says an internal audit last year found 25 per cent of postal managers felt that they had been bullied or harassed. And staff shortages mean many managers are being forced to deliver mail. Amicus assistant general secretary Paul Talbot said: 'Royal Mail must stop making any further redundancies and start paying attention to looking after the health of their hard pressed managers. The long hours culture within the Royal Mail is taking its toll and postal managers are reaching breaking point. Royal Mail are putting the health of their staff at risk and jeopardising the excellent service the Royal Mail gives to the public and British business.' He said the union will 'demand that Royal Mail cease any further redundancies and stop making any further organisational changes until a full and proper assessment of working practices at Royal Mail is undertaken. Royal Mail must address the long hours culture with urgency.'

Overloaded journalists set to strike

Overloaded journalists in South Yorkshire are to strike against poor pay and soaring workloads which are affecting workers' health. A massive 85.7 per cent of NUJ members at Doncaster-based South Yorkshire Newspapers voted to strike after nine months of 'futile' talks. Journalists and photographers at the Johnston Press owned company plan to strike on July 12 and again on July 18 and 19 unless agreement can be reached. NUJ mother of chapel at South Yorkshire Newspapers Emma Roots said union members 'have deep concerns about increasing workloads and falling staff numbers which are taking their toll on people's health.' She added: 'It is not widely known that journalism is blighted by poor pay but some of our members earn as little as £11,400 - which if you count the hours of unpaid overtime they put in is barely the minimum wage.' Last year Johnston Press made a record operating profit of £177.7m, and over the four previous years it has doubled its profits and paid 'vast sums' to its shareholders and chief executive, the union says.

Bombings hero slams compensation 'hypocrisy'

A Tube driver awarded the MBE for helping victims of the 7 July 2005 London bombings has slammed the 'hypocrisy' of ministers seeking to axe compensation to workers injured at work through criminal actions. RMT member John Boyle, who was off-duty when he rushed to aid the injured at both Aldgate and Aldgate East stations, received £1,000 in compensation from the Criminal Injuries Compensation Authority (CICA) for serious trauma. However, the Home Office has proposed not only that CICA's lower tariffs be removed, but that workers injured through criminal actions at work should not qualify for CICA compensation at all. 'The government's proposals are just terrible,' said John Boyle. 'I was off-duty when the bombs went off, so under these proposals I might still have had a claim, but my workmates and all the emergency services people who did so much wouldn't qualify at all just because they were on duty. How can they say that people injured in the course of duty are different to those injured off-duty, or on their way to work?' RMT general secretary Bob Crow said: 'Penalising victims of criminal acts is plain wrong and the government really should just drop these proposals.'

Union wants inquiry into firefighter deaths

Firefighters' union FBU has called for an independent investigation into the deaths of two firefighters (Risks 166). Experienced firefighter and father-of-three Billy Faust, 36, and rookie Adam Meere, 27, lost their lives as they fought a shop basement blaze in east London. The union and the bereaved families hit out after a jury, following a 10-day inquest, decided last month that the pair had died because of a lack of water and communication failures. After the verdict, the FBU called for London mayor Ken Livingston to launch an independent inquiry. St Pancras Coroner's Court, in north London, had heard how a catalogue of fatal blunders led to the pair's deaths in the fire of July 2004. During the inquest, a senior accident investigation officer revealed that the water supply to their hose had been switched off as the pair tried to battle the blaze, while the second hose reel had been 'burnt through'. Gordon Fielden, FBU regional chair and a union safety representative, said: 'We will be calling on mayor Ken Livingstone to instigate an independent inquiry. Obviously the FBU has a view on a number of issues that relate to this particular incident, but the underlying causes are that a lack of efficient real training and a change in policy has allowed the operational readiness of the London Fire Brigade to be at the poorest standard it's been for more than 30 years.'

Widow welcomes new asbestos law

An asbestos widow has welcomed the government commitment to ensure asbestos victims do not lose out on compensation as a result of a House of Lords ruling (Risks 262). Barbara Sharp's husband, Ronald, died aged only 59 from the asbestos cancer mesothelioma, contracted after many years working as a scenic painter in the film industry during the 1960s and 1970s. The Lords ruling would have meant his widow would only be able to claim a percentage of the full compensation owed to her (Risks 255). After a campaign involving trade unions, personal injury solicitors and asbestos support groups, the government last month announced plans to amend the Compensation Bill to ensure victims of mesothelioma and their families receive full compensation. Ronald Sharp was a member of the trade union, BECTU, which supported his widow with her claim for compensation. Last month BECTU launched its own asbestos exposures register, to assist with future asbestos claims (Risks 262). Politicians in Scotland have been the first to push through measures to counteract the damaging Lords ruling. A change in the law was last week rushed through the Scottish Parliament. The legislation was unanimously passed by MSPs on the last day of the parliamentary term.

OTHER NEWS
Hatfield crash fine cut to £7.5m

Engineering firm Balfour Beatty has had the £10 million fine for its part in the 2000 Hatfield train crash cut to £7.5m. The record-breaking fine was reduced by the Court of Appeal after defence lawyers argued that it was excessive. The company had admitted breaching the Health and Safety at Work Act after the disaster in October 2000, in which four people died and 102 were injured. Jonathan Caplan QC argued that Balfour Beatty should have had the fine reduced because it pleaded guilty. Three judges headed by the Lord Chief Justice, Lord Phillips, agreed that the disparity between the original £10 million fine and the £3.5 million fine on Railtrack was so great as to warrant a reduction. In October 2005, Judge Mr Justice Mackay had described Balfour Beatty's failings as 'the worst example of sustained negligence in a high risk industry I have ever seen' (Risks 228). Balfour Beatty had pleaded guilty to health and safety charges. The reduced fine is still £5.5 million more than the previous record fine imposed on Thames Trains for its part in the Paddington train crash in 1999. No director or top boss of a large or medium-sized UK firm has ever been jailed for workplace safety offences.

Anger at reduced fine for Hatfield disaster

Unions have reacted with the dismay to the Court of Appeal decision to reduce the £10 million fine imposed on Balfour Beatty for criminal safety offences related to the Hatfield rail crash. TUC general secretary Brendan Barber said the 'decision proves that the UK courts are not taking health and safety crimes seriously enough. Reducing the fine to £7.5 million sends out the wrong signal to other employers who might now be tempted to cut safety corners in the pursuit of increased profits.' He added: 'If the UK is to improve its safety record, the government has to increase the financial penalties that are levied against negligent companies. But it also needs to do more than rely on fines alone and needs to urgently consider other more imaginative penalties. In addition, introducing a new safety duty on directors would go a long way towards focussing the minds of top executives more keenly on the safety and welfare of their employees and of the public.' Keith Norman, general secretary of train drivers' union ASLEF said: 'How are the families of the four people who died or the 102 people injured supposed to feel about this decision?' He added: 'Many of these people will both physically and mentally carry scars for their entire lives. In a more progressive country Balfour Beatty would have lost their licence to operate. The reduction in the fine is a poor reflection on our legal system when the price of human life is dealt with in this way. At ASLEF our thoughts today are with the families of the bereaved and injured who must feel grossly insulted by this decision.' Safety professionals' organisation IOSH also criticised the fine reduction. IOSH president Neil Budworth, said: 'This reduction sends out totally the wrong message about the importance of good health and safety. To a big company like Balfour Beatty, £7.5m is nothing more than a slap on the wrist. As this case is what the original judge called 'one of the worst examples of industrial negligence' he'd ever seen, we believe this reduced fine is nowhere near big enough.'

Six figure settlement after rail worker's death

The family of a rail worker killed by a train near Purley Oaks station have received £160,000 compensation. Nurani Kassim, 36, was part of a maintenance team checking rails for defects just months after the Hatfield rail disaster in October 2000. He was struck by an oncoming train while trying to cross the track. He was acting as a lookout for the maintenance crew shortly before the tragedy. Rigorous testing was being carried out as rail operators around the country desperately checked for signs of cracks on the line in the wake of the Hatfield tragedy, the High Court was told. Lawyers acting for Mr Kassim's widow, Sade, intended to allege negligence by his superiors in imposing too heavy a burden of work on her husband. At the time of his death, Mr Kassim was said to have worked a 46-day stint - with only one day's respite - due to the pressing need to check the rail network. Mrs Kassim sought damages from Primat Recruitment Ltd, Amec Rail Ltd and Network Rail Plc. All three companies denied liability, maintaining they were 'not responsible for the decision made by Mr Kassim to cross when he did.' Mr Justice Wilkie approved the £160,000 settlement, which was agreed without admission of liability.

Ministers reveal welfare overhaul

A shake-up of the benefits system aimed at getting one million sick or disabled people into jobs has been published this week. The bill spells the end of incapacity benefits, which will be replaced by an employment and support allowance from 2008, saving an estimated £7bn a year. Claimants assessed as able to work will be required to accept help to get jobs. Under provisions of the Bill, anyone refusing to take part will have their benefits cut, but the most severely disabled would be exempt and entitled to receive more money. The government says the new law is part of its strategy to 'modernise the welfare state and break down the barriers that have prevented people from getting into the workplace and staying in work.' Secretary of state for work and pensions, John Hutton said: 'For too long people have been written off by the system. This will change. We are putting in place more tailored help and support for individuals to help them get back into work. In exchange for this additional help we will be asking for people to engage with us and take the necessary steps to get back into the workplace.' Alongside the Bill's publication, minister for welfare reform Jim Murphy announced the national roll-out of Pathways to Work programme, which has been operating so far as a series of regional pilots. The government says the pilots have already helped to get 25,000 people back into work. The programme will be available to all new incapacity benefit claimants by April 2008.

Cautious union response on welfare

Unions have given a cautious response to the government's new welfare proposals. Commenting on the publication this week of the Welfare Reform Bill, TUC general secretary Brendan Barber said: 'We welcome the government's commitment to get more disabled people back into work. While we will need to study the details, it looks like the harsh proposals that were spun last year have now disappeared, and that ministers now intend to build on the successes they have already had with the Pathways to Work pilots.' He added that 'proper support will need to be paid for, and cannot be done on the cheap. Nor should the government use new programmes for a dogma driven transfer of support to the private sector.' Responding to the government's announcement that 60 per cent of the expanded Pathways to Work scheme would be outsourced, civil service union PCS warned that a lack of capacity and expertise outside the public sector will undermine the programme. Mark Serwotka, PCS general secretary, said the decision was 'a kick in the teeth for those Jobcentre Plus staff who made the pilots such a success.' He added: 'With questions on capacity and expertise hanging over the private and third sectors the government should be looking at giving Jobcentre Plus staff the opportunity and resources to build on the success of the Pathways to Work pilots.' STUC assistant secretary David Moxham said: 'We are concerned at the levels of funding proposed for the roll-out of Pathways to Work and absolutely clear that core employability functions should remain the responsibility of government with proper staffing levels and computer systems to ensure that this is the case.' He added: 'A problem equal to the task of getting people into jobs is keeping them in jobs; this requires a strong workplace commitment to occupational health, training and progression. It also requires a more flexible and understanding attitude from employers to the problems faced by disabled people in the workplace.'

Telephone engineer killed at road side

A BT telephone engineer working on a grass verge was killed when the driver of a Ford Transit van lost control on a bend. A spokesperson for Sussex Ambulance said the victim, 46-year-old CWU member David Rennison, suffered massive injuries and was certified dead at the scene by a local GP. Police officers closed the road between Billingshurst and Coneyhurst, a notorious accident blackspot, while they investigated the scene. CWU national safety officer Dave Joyce said he had been informed of the accident by officers of the local CWU branch, who were assisting the bereaved family. He added: 'Our safety representative is working with BT and carrying out a full, thorough investigation. I am told that David Rennison was a happy, friendly man and the union's condolences go to his partner and relatives from whom he has been taken before his time.' West Sussex County Council confirmed there had been 75 people injured in crashes on the A272 between Cowfold and Billingshurst in the last three years, with 12 people seriously injured but no recorded deaths. The tragedy is almost certain to be recorded as a road traffic accident, not a work-related fatality.

Safety a key factor in Olympics construction plan

The Health and Safety Executive (HSE) has welcomed a strong health and safety message in the government's 2012 Olympics construction plans. Olympics minister Tessa Jowell this week signed the '2012 Construction Commitments', a document developed by the construction industry with the strong support of government. She said: 'We are determined to ensure that we have in place the structures to make London 2012 the best games ever, delivered to the highest standards in design, health and safety and sustainability.' Health and safety is one of six key areas in the new plan, alongside client leadership, procurement and integration, design, sustainability and commitment to people. Stephen Williams, HSE's chief inspector of construction and HSE's lead on the Olympic games, said: 'This is a golden opportunity for those involved in construction to showcase to the world this country's ability to build the infrastructure for the Games on time, to quality and with an exemplary health and safety record.' He added: 'The development of the 2012 Construction Commitments is an excellent example of the industry taking ownership of the management of risk, demonstrating leadership and working in partnership with others. I urge all in the industry to work together to embrace the principles of the Commitments to help ensure a healthier and safer environment in the build up to the Olympics.' Unions have called for health and safety to be a top priority in the Olympics construction plans (Risks 214).

Union welcomes school weapons move

A teaching union has welcomed government plans to extend the scope of weapon searches in schools. NASUWT general secretary Chris Keates, commenting on proposals which would allow groups of pupils to be searched rather than just individuals, said: 'NASUWT has welcomed the provisions of the Violent Crime Reduction Bill, designed to give more support to teachers and headteachers in maintaining good order and discipline by enabling searches to be conducted for offensive weapons.' She reiterated the union's concern that it should not fall to teachers to conduct the searches. 'Such an expectation would be counterproductive,' she said. 'Not only are there risk factors involved but it could have an adverse effect on the nature of a teacher's relationship with pupils.' She added: 'Searches should be one of a menu of options from which headteachers can choose to improve security and behaviour in schools. Headteachers should be able to commission the searches either from staff who have school security as part of their role or from external expert teams which can be commissioned for that purpose.' Education secretary Alan Johnson has indicated he wants to include the new measure as a last-minute amendment to the violent crime reduction bill, currently being debated in the House of Lords.

Job stress raises blood pressure

Researchers have confirmed that chronic job stress can raise blood pressure, and that high job demands, tight deadlines and low support in the workplace appeared to be triggers, particularly in men. The Canadian team at Laval University, Quebec, followed 6,719 white collar workers over more than seven years. High blood pressure, or hypertension, is a major risk factor for a number of serious medical illnesses, including stroke and heart attacks. If a person has hypertension, reducing blood pressure by 5mmHg can reduce their risk of having a heart attack by about 20 per cent. The findings mirror those of a TUC-backed report published three years ago (Risks 118). Dr Chantal Guimont and colleagues who carried out the latest study, to be published in the August 2006 edition of the American Journal of Public Health, acknowledge that other factors may have contributed to the high blood pressure found in the white collar workers that they studied. However, they believe job stress is important and may chronically activate the nervous and cardiovascular system. Dr Guimont said: 'Our study supports the hypothesis that job strain, particularly in workers with low social support at work, may contribute to increased blood pressure.' Similar findings have been reported in Whitehall civil servants in the UK.

INTERNATIONAL NEWS
Canada: Union wants charges against death firm

A union federation in Quebec, Canada, is demanding a killer company face charges. The Quebec Federation of Labour (QFL) says Transpave, a company in St-Eustache that makes concrete blocks for patios, should be brought before the courts. Steve L'Écuyer, 23, died last October as a result of being crushed while trying to fix a jammed machine that stacks the blocks. A new report from the province's workplace health and safety board, CSST, has placed the blame squarely on company negligence, noting L'Écuyer has not been properly trained, the firm had no maintenance programme and the machinery's safety mechanism had been disabled. 'It was not due to a malfunction of the machine, the machine was working well, but the optical security system was neutralised,' said Daniel Legault of the CSST. Had the security system not been disabled, the machine would have automatically turned off when L'Écuyer approached it. Union officials have been calling for criminal charges since the incident. Now they say it is time for Crown prosecutors to take action. CSST has passed the case to police, who have in turn alerted the Crown prosecutor. QFL president Henri Massé said the province must now lay criminal charges against the company.

Europe: Chemical standard row rumbles on

The tortuous passage of the European Union's planned chemical safety law, REACH, has made some minor progress. On 27 June the European Council in Luxembourg formally adopted its common position on the REACH regulation on registration, assessment and limited authorisation of chemical products in the EU. The decision means the highly contentious legislation (Risks 256) can now move towards a second reading in the autumn. Environmental groups have criticised the latest text, for diluting a requirement approved by the European Parliament which would have required substitution of some substances with safer alternatives (Risks 234), instead following the more industry-friendly line proposed by industry ministers from across the EU (Risks 237). Consumer and health groups EEB, EEN, Eurocoop, Friends of the Earth, Greenpeace, WECF and the WWF, in a joint press release, said: 'The Council Common Position fails to take account of the European Parliament's First reading position to substitute hazardous chemicals with safer alternatives, whenever possible.' It adds this 'loophole represents little change from the current, flawed system, which has failed to control the most dangerous chemicals and hinders safe, innovative products from entering the market'. The groups called on the European Parliament to reaffirm its position on substitution during the second reading on REACH.

USA: BP raises refinery blast payout

Oil giant BP has set aside an extra $500m (£270m) to cover claims from the victims of an explosion at one of its refineries in Texas last year. It has already allocated $700m (£380m) for the March 2005 blast, which killed 15 people and injured 180 (Risks 249). The company said it had started the 'phased re-commissioning' of the explosion-hit Texas City oil refinery in March. New data released by the federal board probing the accident has revealed trailers nearly 1,000 feet away from the blast site were damaged. The US Chemical Safety and Hazard Investigation Board's (CSB) latest data show two workers in one trailer 479 feet away were injured and trailers 927 and 952 feet away were damaged. The new data reveal that injuries and structural damage occurred in 44 trailers, used as temporary offices. The damage ranged from near destruction of the two closest trailers, to detached roofs, deformed walls and broken windows in trailers located farther away.

Zimbabwe: Asbestos industry fights to the death

Zimbabwe's leading chrysotile asbestos producer says it will increase its search for new export markets in response to the growing campaign for a global asbestos ban. A spokesperson for SMM Holdings Ltd, Oliver Mutasa, said the firm was exploring new markets within the region and in Europe to compensate for the possible loss of the South African market. 'We would be aggressively marketing our product in Europe and in other African countries on the safe use of chrysotile asbestos,' Mr Mutasa said at the Harare screening of an industry-sponsored 'documentary' on white asbestos. The video is intended for use internationally to market Zimbabwe's asbestos. Uncritical press reports in Zimbabwe refer the country's 'non-harmful' chrysotile asbestos. In fact, chrysotile is a potent human carcinogen and can cause deadly lung scarring and other health problems. Latest press coverage in the country repeats verbatim earlier press claims about the industry's 'intention to raise awareness of the 'safe use principle' of white chrysotile asbestos as stipulated by the International Labour Organisation' (Risks 263). Infact, ILO has never had a safe use principle, and a new resolution last month expressly barred the use of such claims and requires ILO to promote a global ban on all forms of asbestos (Risks 262).

RESOURCES
Who knew about HSE's new what's new?

HSE wants you to have a look at its new 'what's new' webpages. It says 'the use of RSS feed technology will make it quicker and easier and quicker to find out what's new' on the HSE website. Luckily, you don't need to know your RSS from your elbow to check it out, so have a look and tell HSE whether you think it is useful or how it might be improved.

What HSC did, by HSC

The Health and Safety Commission's latest annual report is available online. HSC says: 'The HSC Annual Report 2005/06 reports on the work of HSC/E during the year and delivery of the HSC Business Plan 2005/06,' adding 'it records achievements against the Commission's strategic themes and provides detailed examples of key programme work.' The HSE website says: 'The Report has a range of information including how HSE is managed (eg business improvement, staffing figures, diversity etc), progress against targets, health and safety within HSE and the Better Regulation agenda. Additionally it provides a summary on the financial position and results for the year

EVENTS AND COURSES
TUC courses for safety reps

COURSES FOR APRIL TO JULY 2006

USEFUL LINKS

Newsletter (5,200 words) issued 7 Jul 2006

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