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Risks Newsletter

Number 279 - 21st October 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

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UNION NEWS OTHER NEWS INTERNATIONAL NEWS RESOURCES EVENTS AND COURSES USEFUL LINKS
UNION NEWS
Terry Lloyd's death 'a war crime'

Journalists' unions in the UK and worldwide have called on the United States to 'tell the whole truth' about a series of media deaths in Iraq at the hands of US troops. The call came after a British coroner ruled that the death of ITN reporter Terry Lloyd in Iraq during a fire-fight between Iraqi and US troops was an 'unlawful killing.' Witnesses gave evidence that Lloyd was shot in the head by American troops as he was being driven to hospital following a clash outside Basra in the first days of the Iraq conflict. ITN's risk assessment procedures were also criticised in the course of the inquest, which concluded last week. 'If this was murder as the court suggests and the US is responsible, it is certainly a war crime,' said Aidan White, IFJ general secretary, backing the response of its UK affiliate, the National Union of Journalists (NUJ). 'This decision gets us one step closer to bringing Terry Lloyds's killers to justice,' said White. 'It also signals that it is now time of the United States to abandon its policy of cover-up and tell the whole truth about what happened in other cases where media staff died in unexplained circumstances at the hands of its soldiers.' Lloyd, a 50-year-old Briton, died on 22 March 2003, while on assignment with three colleagues in Basra, two of whom also died (Risks 99). The coroner in Oxford said the US troops should not have shot at Mr Lloyd, who was already wounded and was being taken away in an ambulance. Following the coroner's verdict, the NUJ Parliamentary Group requested an urgent meeting with the secretary of state for defence Des Browne. John McDonnell MP, secretary of group, said: 'We are seeking an urgent meeting with the Secretary of State to ensure that he demands that there is immediate legal action to bring to trial those involved in the killing of Terry Lloyd and to clarify what happened that day to the entire party. We are treating this as a serious outrage that needs to be fully investigated to bring closure to the friends, families and colleagues of those involved.' IFJ this week said the number of journalists killed in Iraq since the start of the war in 2003 had reached 152.



Union secures payout for debilitating asbestos disease

The union GMB has secured a £30,000 payout for a former Yorkshire Water employee with an asbestos-related disease. The man, identified by his lawyers Thompsons as 'A Smith', was employed by Yorkshire Water from 1968 to 1994 as a pipe layer. During the course of his employment he was exposed to asbestos dust as he drilled and cut asbestos pipes manufactured by the now infamous Turner and Newall. Mr Smith said: 'It's devastating to learn that I've now developed what is known as bilateral diffuse pleural thickening - an illness caused by exposure to asbestos. This was caused by asbestos fibres which I have inhaled and which have become embedded in my lungs. If it wasn't for the negligence of my employer, I'd still be a fit and healthy 55-year-old.' Andy Worth, regional secretary for the GMB's Midland and East Coast region, said: 'Employers who negligently exposed their employees to asbestos are now having to pay and rightly so!' Jonathan Kay, another Yorkshire Water worker, died last year aged 40 of the asbestos cancer mesothelioma (Risks 222).

Amicus prepares Lords appeal on pleural plaques

An appeal to the Law Lords to reinstate compensation for sufferers of the asbestos related condition pleural plaques has been set for summer 2007.The move is seeking to overturn a Court of Appeal ruling this year which stopped compensation payouts to those with the condition (Risks 246). The Court of Appeal overturned a previous decision by the High Court last year, where it was decided claimants with pleural plaques should continue to receive compensation (Risks 242). The most recent decision, unless overturned, means the end to an established right to compensation, which existed for 20 years, for pleural plaques. Pleural plaques seldom causes immediate symptoms but are associated with an increased risk of fatal conditions like mesothelioma or asbestosis. In the past claimants could receive compensation worth up to £15,000. Amicus general secretary Derek Simpson said: 'People with pleural plaques should be compensated for the genuine injury that asbestos exposure has caused. That is why Amicus has pledged to take the lead to continue fighting on behalf of our members and all pleural plaques sufferers to get this cruel decision reversed.' Ian McFall of Thompsons Solicitors said: 'Pleural plaques are recognised by medical experts as a sign of irreversible damage to the lining of the lung caused by a history of exposure to asbestos which carries an increased risk of malignant diseases such as the deadly cancer mesothelioma. This new hearing with the House of Lords gives us an opportunity to argue again that people exposed to asbestos and diagnosed with pleural plaques should win back the right to claim compensation.' The appeal to the House of Lords will be heard from June 25 to July 2, 2007. A study last year linked the presence of pleural plaques to a 50 per cent higher risk of colon cancer ( Risks 233 ).

Shipbreakers positive after meeting with minister

Shipbreaking workers from India, who last week told the world of the horrific and often deadly conditions under which they work (Risks 278), have welcomed 'positive' talks with a British government minister. The workers had travelled to London with the assistance of global union federations IMF and ITF, to highlight the plight of Asia's shipbreaking workers, employed in one of the world's most hazardous industries. In addition to calling on the International Maritime Organisation (IMO) to speed up reforms that could save lives across the industry, the delegation met with Hilary Benn, secretary of state for international development, to call for the UK government to show leadership on the issue. Rob Johnston, IMF director with responsibility for shipbreaking, said: 'We urged Hilary Benn to ensure the IMO delivers on an international instrument that is meaningful to take into account the plight of the Indian shipbreaking workers. We also urged him to use the government's influence in India to ensure that the tragedy does not continue.' Vidyadhar Rane, secretary of the Mumbai Port Trust, Dock and General Employees' Union, said: 'The visit enabled us to be heard. Not only did we appeal to the IMO to save the lives of workers, but also our meeting with Hilary Benn was very positive - he will definitely do something.'

Boatmasters warn of hazards ahead

Boatmasters on the Thames have urged the government to rethink plans to reduce drastically the training standards for those skippering passenger and cargo vessels on the river. Their union RMT has teamed up with safety campaigners to urge MPs to retain stringent safety standards for the training of licensed watermen and lightermen on the Thames, which were introduced after the 1989 Marchioness tragedy, and which are threatened by the proposed generic boatmaster's licence. 'If these proposals become law the qualifying service time to gain a Thames boatmaster licence will be slashed from five years to two,' said RMT general secretary Bob Crow. He said reductions in length of service and college training requirements would further increase risks. 'Our experienced members believe that is a recipe for disaster and that the current standards and qualifying service required for a Thames licence should be retained,' he said. Margaret Lockwood-Croft, whose son Shaun was among 51 people killed when the Marchioness pleasure boat collided with a dredger in 1989, said: 'The last thing anyone should be considering is lowering standards for training boatmasters on the dangerous tidal waters of the Thames. With more traffic and bigger vessels it would be courting an even bigger disaster than the Marchioness if these changes are allowed to happen.' RMT parliamentary convenor John McDonnell MP said: 'MPs of all parties are calling on the government to step back from this foolhardy proposal which could undermine the advances that we've made in recent years to improve safety on the Thames.'

Abuse is not part of the job

Shopworkers' union Usdaw has given a cautious welcome to new retail crime figures which show a fall in the number of attacks, threats and abuse against staff, but has warned this could just reflect employees' reluctance to report 'commonplace' incidents of abuse. Usdaw said that while the British Retail Consortium 2006 Retail Crime Survey reported a fall across all three categories, this still meant that at least 72,900 shopworkers were subject to violence, threats or verbal abuse last year. BRC figures for 2005 indicate there were 10,800 reported incidents of violence against staff, 18,900 workers were threatened and 43,200 were verbally abused. Usdaw general secretary John Hannett said: 'This issue has been top of our agenda since we launched our Freedom From Fear campaign in 2002 and it's fair to say that employers, employees, local authorities and the government have listened to our concerns. We also want to see the police take a more rigorous approach to retail crime.' He added: 'What is particularly worrying is that many workers don't report verbal abuse because it has become so frequent. It's as if staff think it is part and parcel of the job when in fact it certainly is not.' The union criticised as 'misguided' an August proposal from the Sentencing Advisory Panel that some shoplifters should not be jailed (Risks 272).

UCATT memorial for dead workers

A bronze statue that celebrates the lives of workers killed on building sites has been unveiled. About 200 people gathered in Tower Hill in the City of London as the £100,000 'Building Worker' was uncovered. Construction union UCATT had the sculpture made as part of a campaign for a new corporate killing law. The union's general secretary, Alan Ritchie, unveiled the sculpture last week. He said: 'Our union will continue campaigning for a new law so that individual directors and senior managers are held accountable for accidents at work.' A total of 351 construction workers have died on sites since 2001 and a two-minute silence was observed in their memory. Mary O'Sullivan, whose 54-year-old husband Patrick was working on the new Wembley Stadium in 2004 when he was killed (Risks 155), attended the ceremony. She said: 'He was crushed to death that morning. And they crushed us to death as well.' It is hoped wreaths will be placed by the statue each year on 28 April which is Workers' Memorial Day.

OTHER NEWS
HSE promises action on migrant safety

Migrant workers are facing higher workplace accident levels because they are concentrated in more hazardous jobs without adequate training and are working longer hours and shifts, research for the Health and Safety Executive (HSE) has found. The findings have prompted an HSE promise to step up inspections and enforcement in sectors 'where vulnerable workers are most likely to work.' The study on the experience of migrant workers in England and Wales, carried out for HSE by London Metropolitan University, was presented at a South East Region Trades Union Congress (SERTEC) conference. HSE commissioned the research, which involved interviews with 200 migrant workers, after it suspected elevated accident risks to migrant workers were not being reflected in official statistics. The study found that migrant workers may be experiencing higher levels of workplace accidents because they are more likely to work long hours, to work shifts and to have limited understanding of health and safety. It said contributory factors included communication difficulties and lack of familiarity with the jobs where migrants were finding employment. Jeremy Bevan, HSE programme manager on migrant workers, said: 'We are already taking action to implement the research's key findings, in particular we are continuing to target inspections and enforcement in sectors where migrant workers and other vulnerable workers are most likely to work, and are currently reviewing how best to reach these workers and their employers with key health and safety messages.' He added: 'We are also working with other government departments to stem the problem of illegal employment at source, by detecting and deterring those who, as employers, seek to evade regulation by government.'



Schools told weapons scans are OK

England's schools have been told they can install airport-style security scanners in a bid to tackle knife culture. Education secretary Alan Johnson gave schools the go-ahead to carry out spot searches using metal detectors which can show up weapons under clothing. Legislation within the Education and Inspections Bill, currently going through parliament, will give teachers the right to carry out hands-on searches without pupils' prior consent. But new guidance being issued to schools on searching for weapons clarifies that detectors which do not require physical contact with pupils can already be used at random. Chris Keates, general secretary of NASUWT, said her union 'supports and welcomes' the move. 'Two years ago we called on the government to back random airport-style checks as one of the menu of options schools should have available to help to maintain high standards of behaviour and security,' she said. 'Headteachers should be able to commission the searches either from staff who have school security as part of their role or from external sources. The government's promotion of this strategy will undoubtedly be warmly received by the school workforce.' GMB national secretary Brian Strutton reinforced the message that security functions should be conducted by security staff. 'As far as non-teaching staff are concerned I think we would recommend that trained security personnel or the police be called in for knife searches. GMB wouldn't want to see part-time classroom assistants or lunchtime supervisors or other support staff having to frisk youths for knives. I hope Alan Johnson rules this out.'

New £5,000 fine for emergency crew attacks

Emergency crews in England and Wales will win more protection against attack if a Welsh MP's bill becomes law. The Emergency Workers Obstruction Bill could be on the statute book by the end of the month and would allow fines of £5,000. However, unlike Scotland, it will not give courts the option of a jail term. The private members bill was introduced by Swansea West MP Alan Williams, and creates a new offence of obstructing or hindering police officers, firefighters and paramedics. There will also be an offence of obstructing or hindering prison officers, coastguards, lifeboat crews, doctors, nurses, midwives and social workers if they are performing emergency duties. If there are no amendments, the bill will become an act and Mr Williams hopes it will be made law by 29 or 30 October. 'I will be delighted to have it on the statute book and so will the emergency services,' he said. The maximum penalty for offences would be a £5,000 fine, but no prison term. In May 2005, the Scottish Parliament brought in laws to make assaulting a member of the emergency services a specific offence (Risks 206). Offenders in Scotland face up to nine months in prison or a £5,000 fine.

Pen pushers face bad backs

People who work in offices are among the most likely to suffer from back pain, according to the British Chiropractic Association. It says poor posture while sat at a computer can cause more back problems than the excessive lifting and carrying done by manual workers. Tim Hutchful from the BCA said: 'For many who work in an office environment, it is the day-to-day, mundane routines that are at the root of most back problems. Hunching over computer keyboards and cradling the phone between the ear and shoulder can all contribute to lower back and neck stiffness, not to mention the fact that many office workers sit for hours at a time with very little movement.' A survey of 2,374 people, carried out by the BCA, found 59 per cent of the working population sits down all day at work and almost 50 per cent of those who work do not leave their desks, even for lunch. A total of 56 per cent of BCA chiropractors highlighted that those who work in an office were more vulnerable to becoming victims of back pain. Mr Hutchful said: 'It is assumed that those most at risk from back pain are the ones who have very physical jobs. However, as this research has unveiled, whilst lifting and carrying are still common triggers for back pain, it is those with less physically demanding jobs and who are often seated for the majority of the day that could be most prone to back problems.'

Sellafield firm fined over leak

The operator of the Sellafield nuclear reprocessing plant has been fined £500,000 following a radioactive leak. About 83,000 litres of acid containing 20 tonnes of uranium and 160kg of plutonium escaped from a broken pipe into a sealed concrete holding site. The operator of the Cumbrian site, British Nuclear Group Sellafield Ltd, pleaded guilty at an earlier hearing. In August, it was revealed the Nuclear Decommissioning Authority had withheld £2m from the company after the leak (Risks 270). No-one was injured in the leak at the Thermal Oxide Reprocessing Plant (Thorp) and no radiation escaped from the plant in the leak, which was found in April 2005. In addition to the fine, BNG was ordered to pay nearly £68,000 in prosecution costs. Health and Safety Executive head of nuclear safety Dr Mike Weightman, said the case highlighted the high standards needed in the nuclear industry. 'Although we stress that there is no evidence of any harm to workers or the public, the leak being contained within a stainless steel lined, heavily shielded cell, there has been a significant prolonged reduction in attention to the high standards demanded, something we are not prepared to tolerate,' he said.

School asbestos killed joiner

A former joiner who came into contact with asbestos while working at a Peterborough school died from industrial disease, an inquest has heard. David Baxter, 57, lost his battle against cancer caused by asbestos on 3 March this year. An inquest at Peterborough Register Office was told Mr Baxter had tumours on his lung, heart, brain and other organs. His widow, Gillian, told the inquest that her husband had been an apprentice joiner at Oundle School between 1963 and 1968. John Brudenell, a former apprentice who worked alongside Mr Baxter, said they both worked with asbestos. He said: 'Between 1963 and 1989 we were required to work with asbestos. There was lots of it in the school. Once I had to re-sheet an asbestos roof. David was working on the rebuilding and refurbishing side of things, so I'm sure he would have re-sheeted roofs, too.' Mr Brudenell said Mr Baxter had also fitted asbestos tiles and is likely to have been given the task of boxing in asbestos pipe lagging. Forensic pathologist Dr Hilary Lawton gave the cause of death as malignant mesothelioma with evidence of asbestos exposure. Coroner Gordon Ryall recorded a verdict of industrial disease. He said: 'I'm satisfied on the balance of probabilities that the disease was contracted during the period of his employment.' A Health and Safety Executive report this year said 147 school staff died of mesothelioma in the decade from 1991 to 2000 (Risks 256).

Renewed push for asbestos cancer treatment

Asbestos victims and their families lobbied parliament on 17 October, calling for funding for an asbestos cancer treatment. The groups are urging the NHS to make available Alimta for the treatment of the asbestos cancer mesothelioma. In June this year, the National Institute for Health and Clinical Excellence (NICE) decided not to approve the use of Alimta on grounds of cost effectiveness. An appeal hearing on 27 October will give a final decision. Over 50 MPs have already signed an Early Day Motion sponsored by North East MP Fraser Kemp, calling for extended access to the life-prolonging drug. Speaking ahead of the lobby, Ian McFall of Thompsons Solicitors, which has represented hundreds of workers with asbestos cancers, said MPs 'will be able to see first hand how mesothelioma has changed the lives of many hard working people and they will learn how Alimta can help some of these people to have a better quality of life.' John McClean, national safety officer of the union GMB, said: 'Mesothelioma sufferers have paid the price with their health and their lives because of the negligence of employers. If the only licensed treatment for mesothelioma is withdrawn, innocent victims will be sent away without hope.'

Breast cancer linked to jobs

Women who have worked, or grown up, on a farm have a much higher risk of getting breast cancer, a study suggests. Stirling University researchers said women who then worked in healthcare further increased their risk, although more research is needed to explain why. The study raises fresh concerns about the risk posed by weed killers and other chemicals. Those involved in the study said more work was needed to identify the link between different jobs and cancer. But they said the research justified better control of potentially harmful chemicals. It found that women with breast cancer were three times as likely to have grown up on a farm or worked in agriculture. Those women who then went on to work in healthcare and car manufacturing increased that risk even further - with breast cancer rates up to four times the national average. Professor Andrew Watterson, from the university's Occupational and Environmental Health Research Group, said the women could have worked on a range of farms, such as dairy or arable. The researchers looked at Canadian women aged 55 or younger and analysed data from 564 women with breast cancer and 599 women in a control group. Presenting their findings, the authors said: 'The results indicate that women with breast cancer were nearly three times more likely to have worked in agriculture when compared to the controls.' They added: 'There is a significant gap in our understanding of work-related exposures and breast cancer risk.' Work factors including nightwork (Risks 222), work in the electronics industry (Risks 259), exposure to common workplace chemicals (Risks 225) and passive smoking (Risks 215) have all been linked recently to a raised breast cancer risk. A report in Hazards magazine last year concluded the real occupational cancer toll was between two and four times the official Health and Safety Executive (HSE) estimate of 6,000 deaths a year (Risks 234).

INTERNATIONAL NEWS
Global: Treaty is latest victim of asbestos disease

An international treaty designed to protect developing nations from toxic trade has become the latest casualty of the global asbestos industry. Failure to list chrysotile asbestos under a global right-to-know scheme has left the Rotterdam Convention 'discredited' health campaigners have warned. They are calling on the United Nations to take urgent action to restore the treaty's credibility. The call came last week after efforts to introduce stringent right-to-know controls on the worldwide trade in chrysotile (white) asbestos were blocked by a Canadian-government sponsored campaign. Together with other asbestos exporting nations, the Canadian-led lobby has again effectively vetoed a widely supported proposal to place chrysotile, an acknowledged and potent carcinogen (cancer causing substance), on the Rotterdam Convention's "Prior Informed Consent" (PIC) list. Anita Normark, general secretary of global building workers' union BWI, had been lobbying for the addition of chrysotile to the PIC list. She said: 'Asbestos kills one person every five minutes, more than any other industrial toxin. If it can't be listed under the Rotterdam Treaty, then every peddler of hazardous substances will know how simple it is to protect their deadly industrial favourite. The whole process is discredited.' BWI believes the United Nations should have anticipated the actions of the Canadian government and taken measures to stop the Canadian-led lobby once more bringing the treaty into disrepute. The decision not to list chrysotile went against the recommendations of both the UN and the great majority of participating governments.

Global: UN zero violence call for working children

A new report by the United Nations says there must be zero tolerance of violence against working children. ILO's Frans Roselaers, a member of the team that produced the report, said violence has not been given much attention by programmes against child labour. He said: 'One of the most important steps towards enabling children to remove themselves from exploitative work and abuse in the workplace is to facilitate their participation in programmes to reduce and eliminate child labour. Children and young people are often their own best advocates and should be given a prominent role as spokespersons on their own behalf, to policy-makers, employers, trade unions, communities, legislators, media and society at large.' Mr Roselaers added that ILO had specific programmes which could protect children from violence. 'Larger-scale programmes like the ILO's 'Time-Bound Programmes' (TBPs) to eliminate child labour comprise a package of interventions covering prevention, withdrawal, rehabilitation and future protection. So far, over 20 countries have opted for this comprehensive approach, while several more countries are preparing similar programmes.' Mr Roselaers concluded: 'The problem has to be tackled as a livelihood, human rights, labour, health and safety, and law enforcement issue, starting with efforts to prevent under-age children entering the workplace in the first place. The key departure point has to be a zero tolerance of violence against working children wherever they work.'

Russia: EU urged to act on Russian media crisis

The European Union was urged this week to put the crisis of press freedom in Russia and the need for urgent action over the killing of leading journalist Anna Politkovskaya high on the agenda of the 20 October summit meeting with Russian leaders in Lahti, Finland. 'With rising concern over the lack of press freedom in Russia and in the aftermath of the killing of leading journalist Anna Politkovskaya this is no time for a business as usual summit,' said Aidan White, IFJ general secretary. White was speaking at a Brussels meeting on 17 October where the IFJ announced that it would campaign vigorously for international action over impunity in the killing of journalists in Russia, Belarus and Ukraine. The meeting was called in response to the murder of Anna Politkovskaya, the award-winning investigative reporter with Novaya Gazeta, who was shot outsider her apartment in Moscow on 7 October. She was the 13th leading journalist to be assassinated since Russian president Vladimir Putin came to power. 'No-one says that Russia's leaders pulled the trigger that killed Politkovskaya, but their neglect of democratic rights and press freedom is undeniable,' said White. 'They have created an atmosphere of fear and intimidation inside Russian media in which dissent and expression of critical opinion has become almost impossible.'

Sweden: Gender analysis lacking in research

Occupational medicine fails to take account of risks to women, according to a top occupational health research unit. Sonya Bylund, a researcher at Sweden's globally respected National Institute for Working Life, said research in the field of occupational medicine is largely carried out on men, with the findings assumed to apply to women as well. Legislation, risk assessment and measuring standards are often based on men, she said. Calling for research with a 'gender perspective', she said she would like to see studies of the differences and similarities between men and women. 'Another aspect is that researchers need to adapt their methods and theories to studies of women instead of excluding them from studies,' Bylund said. 'In many cases, researchers make no gender analysis at all. If, for example, you find that women in a profession have more repetitive stress injuries than men in the same profession, you have to look further and make an analysis of the work situation for each sex. Otherwise it's very easy to draw the wrong conclusions, for instance, that women are more prone to injury.' The world renowned centre is facing its own serious health threat. Last month's election of a right leaning government in Sweden has seen funding support for the institute withdrawn. NIWL is now scheduled to cease operations from 1 July 2007.

RESOURCES
Health and safety and schools

Teaching union NUT has provided up-to-minute guidance on health and safety for newly qualified teachers and on young people on work experience. The NUT guide for new teachers covers all the top topics cropping up at the chalkface: where responsibility for safety lies; medicines in the classroom, school trips; accidents; classroom temperature; breaks; use of school minibuses; and voice loss. The second guide, an NUT checklist on managing health and safety on work experience, 'highlights some of the key issues and directs members, for whom work experience management is part of their job description, towards other sources of advice.' It adds: 'Teachers in this position must obtain proper training to be competent to assess risk and manage the processes. The guidance may also be of general interest to teachers whose form groups are about to begin work experience placements.' The checklist, launched ahead of next week's young worker themed Euro safety week, also deals with the use of agencies to organise and assess work placements. NUT says: 'Whatever the arrangement, local authorities and schools have a common law duty of care to the students they educate that cannot be passed to an agency. Work experience requires senior management team support to be effective. Work experience and work-related learning should be part of every School Development Plan.'

HSE legislation webzone

The Health and Safety Executive has produced an easy entry point for information on health and safety law. The new webzone on the HSE website covers existing laws enforced by HSE and gives updates on forthcoming legislation. HSE says the aim of the new resource 'is to raise awareness of the range of health and safety legislation that applies to workplaces in Great Britain.' It has been designed to: help users discover specific legislation that applies to their industry; explain how to trace and obtain Acts and regulations; and provide links to organisations that can offer advice and guidance on legislation.

EVENTS AND COURSES
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