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Risks Newsletter

Number 303 - 28 April 2007

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Risks is the TUC's weekly online bulletin for safety reps and others, read each week by over 14,500 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 privacy statement

UNION NEWS

OTHER NEWS

INTERNATIONAL NEWS

RESOURCES

EVENTS AND COURSES

 

UNION NEWS
Workers' Memorial Day

Workers' Memorial Day is held on 28 April every year. All over the world workers and their representatives conduct events, demonstrations, vigils and a whole host of other activities to mark the day. The day is also intended to serve as a rallying cry to 'remember the dead, but fight like hell for the living'. The TUC helps coordinate activities across the country, publishing a comprehensive listing of events and suggestions. A listing of the global activities is available from the Hazards website. This year there has been a huge amount of activity at national, regional and local level. It has included ceremonies in almost every major city in Britain, a demonstration in London, and a host of local workplace activities organised by individual safety representatives. Other events included all UNISON staff holding a minute's silence outside their office at noon on 27th April, all UNISON staff wearing the purple WMD ribbon, and all UNISON cars sporting the WMD sticker. In Parliament an Early Day Motion has been laid calling for Workers' Memorial Day to be made an official national day of mourning.

Justice for Bird Flu victims

Over 250 workers who were laid off in the bird flu crisis and its aftermath at Bernard Matthews deserve compensation according to their trade union, the Transport and General Workers Union. The call came after it was announced that they would be receiving compensation of just under £600,000 under legislation dating back to 1981. National and local leaders of the T&G reiterated their view that the government should also look at European precedents and ensure the workers do not lose out. "There is European precedent for direct government support for workers whose jobs have been affected by outbreaks, and the UK government should act in the same way as the Spanish and Italian governments did in similar circumstances," said Chris Kaufman, T&G national secretary for agriculture. "We believe it is certainly right for the company to be paid according to its entitlements but there are over two hundred of our members who have suffered through no fault of their own including many who played a key role in limiting the bird 'flu outbreak. They have a case for payment." Miles Hubbard, T&G regional industrial organiser in Norfolk and Suffolk, reinforced the call for compensation. "There are no winners here but we should ensure that our members who have done everything asked of them under company, government and EU guidance do not lose out," he said. "That is why we will be pressing the case for compensation for the laid off workers." The call was echoed by Norfolk MP Ian Gibson on the BBC's Radio 4 programme 'The World at One'.

£90,000 for UNISON member injured by falling client

UNISON has won £90,000 compensation for a member left unable to work after a client fell on her. Social worker Debbie Carter, 39, was left alone to help a client into bed when the accident happened in a Bromsgrove residential home in October 2003. Unfortunately the woman, who was known to have mobility problems, lost her balance as she got out of her chair. Lunging forward to grab her zimmer frame, she fell backwards and sideways onto Debbie. Ms Carter injured her lower back and has since suffered depression. She has not been able to return to work. Speaking on the successful outcome of her case, Ms Carter said she was grateful to UNISON and its free legal help scheme. "It's so important to join your union," she said. "I would have given up without their support." UNISON general secretary Dave Prentis said: This incident emphasises how important it is that employers conduct a proper risk assessment of manual handling tasks." Injury can occur from a one-off event, as in this case, or over time from a repetitive or poorly performed task, he said. "A proper risk assessment would have ascertained the need for more regular training. It may have also identified that lone working was not appropriate. UNISON's message to its members working right across the public sector workforce is that manual lifting should be avoided wherever possible."

Occupational Health a top priority for LA enforcement

USDAW has welcomed the inclusion of health at work as one of the top 5 enforcement priorities for Local Authorities. The Rogers review of Local Authority regulatory activities has concluded that enforcement of workplace health should be one of the top five priorities. The review looked at the 60 or so regulatory responsibilities of local authorities to identify the ones that should be national priorities because of their impact and significance. The report concluded that workplace health must be a priority because of the numbers affected. Over 500,000 workers per year suffer work-related ill health in local authority enforced sectors. The direct cost to employers in these sectors is £600 million. Doug Russell, USDAW Health and Safety Officer, said 'We are pleased that the Rogers review recognised the importance of local authority regulatory activity on workplace health. Many local authorities already do a lot of work in this area. And some have worked with USDAW on the health and safety issues that matter to our members. Local Authorities such as Bury, Westminster and Bath and North East Somerset, for example, have worked with us on reducing violence to retail staff. However, many other Local Authorities still need to do more. The union is calling on its health and safety activists to ask their local councillors how their local authority is meeting its responsibilities to enforce health and safety laws.'

TUC welcomes personal injury announcement

The Government has announced that it will not be raising the limit under which claimants can recover their legal costs if they have to sue their employer after an injury or illness. The current limit is £1,000 and there had been calls from insurers and others to increase it to either £5,000 or even £10,000. This could have prevented the majority of those who currently take action for damages from having a solicitor represent them. Commenting on the consultation into the claims process for personal injury claims published by the Department for Constitutional Affairs, TUC General Secretary Brendan Barber said: 'The Government is right to recommend that there should be no change to the small claims limit for personal injury cases. When someone gets injured at work and wants to make a claim against their employer's insurance company, they need good legal advice to help them win their case. Increasing the limit below which claimants are unable to claim back their legal advice costs would have meant that tens of thousands of workers injured or made ill through work would have been denied access to justice. While we share the Lord Chancellor's view that personal injury claims should be handled speedily and effectively, the TUC will be responding on the detail of the proposals at a later date.'

Waging war on hospital superbugs

A new factsheet from the union UNISON spells out the bug-busting measures needed to combat MRSA and other hospital acquired infections. The union believes a number of measures are needed to beat the rising rate of infections contracted in UK hospitals. The factsheet outlines the size of the problem - believed to cause as many as 5,000 deaths each year. Explaining why superbugs are so prevalent, UNISON makes nine recommendations to tackle them and prevent patients becoming infected. These include employing more cleaners and bringing NHS cleaning services back in-house.

  • Click here to download the factsheet and read UNISON's recommendations in full
Union defends successful claim

An employer has rounded on a Liverpool primary school teacher who dislocated her hip after an accident for which the employer accepted responsibility. The teacher, who has not been named, was awarded around £14,000 after her employer admitted negligence. Paul Clein, a member of Liverpool city council, said payouts such as the one to the teacher would have come from an individual school's budget. "However, it is concerning to hear of cases where money meant for the education of children in the city is spent on other things, such as compensation claims," he said. Matthew Elliott, chief executive of the Taxpayers' Alliance, said local authorities should equip schools with the information they need to halt payouts. "Councils need to work with schools to make sure that a compensation culture doesn't emerge," he said. "People need to learn to look after themselves and not to expect others to pay when they don't." A spokesperson for the NUT said: "All the details we can release about the Liverpool case have been disclosed in our annual report. For reasons of personal confidentiality we cannot say any more. Compensation sought by the union for members is always fair." According to the teaching unions, around £20m was paid to teachers nationally last year as a result of compensation claims for personal injuries, employment disputes and criminal lawsuits. Steve Sinnott, general secretary of the NUT, said: "The injuries and injustices suffered by teachers can destroy their careers. Teachers have a right to be treated fairly and to be protected from the dangers that can be inherent in the job."

OTHER NEWS
Campaign for greater asbestos payments

The TUC is backing a campaign to bring the law in England and Wales in line with Scotland where the family of a worker killed by asbestos receives compensation.

In England and Wales the level of compensation is set at £10,000 by law and is only payable to the spouse but in Scotland payments of up to £30,000 have been made to bereaved widows. In addition, other family members in Scotland can also receive compensation of between £10,000 and £15,000. The campaign, supported by union law firm Thompsons, wants to see a change in the way payments are assessed so families across the UK receive compensation in line with the amount currently paid to families in Scotland. Recently the Scottish Parliament changed the law to make it easier for families to claim for compensation for mesothelioma. The issue was also the subject of an Early Day Motion by MP Dave Anderson, a former president of UNISON, which stated 'That this House notes with concern the unacceptable difference between bereavement payments paid to families of those who have died of asbestos related diseases in Scotland compared with England and Wales; recognises that the difference is because of the fact that in Scotland individual cases are decided in court, whilst in England and Wales they are capped under the terms of the Fatal Accident Act 1976; realises that the compensation paid can be as much as seven times greater in Scotland; understands that the compensation in England and Wales is limited to surviving spouses, whilst in Scotland it is paid quite rightly, to wider family members; and urges the Government to act swiftly to ensure that those suffering from this deadly disease have the same rights in England and Wales as they do in Scotland, including the right to settle their claim for full compensation during their own lifetime.'

Cancer threat exposed.

Research published by Rory O'Neill of Hazards Magazine and Andrew Watterson of Stirling University, has highlighted the need to focus much more on preventing occupational cancers. The article, published for Workers Memorial Day, shows that occupational cancer tops the International Labour Organisation workplace diseases and accidents table with over 600,000 dying of occupational cancers ever year. More than 1 in 5 workers face a cancer risk from their work. Between 8 and 16 per cent of all cancers result from occupational exposures. The authors claim that action is needed in the first instance on carcinogens not on the cancers. However, failures to revise an evidence base no longer fit for purpose on occupationally caused and occupationally related cancer numbers have skewed both governmental policy and the practice of governments, regulators and enforcement agencies. Inadequate statistics lead to ineffective prevention policies. Recent studies estimate the work contribution to cancer deaths at up to five times the level reported by the researchers Doll and Peto in 1981. The research mirrors a report from the Tampere University of Technology (Finland) made for the International Labour Office, which claims the magnitude of the work-related cancers and deaths caused by them is higher than earlier estimates. The Finnish report, published for Workers memorial Day by the European health and safety agency shows that on average, 9.6% of all cancer deaths are attributable to work. In the EU area 95,581 deaths caused by cancer annually (2002) are work-related. This could be compared to the estimated number of fatal occupational accidents in the EU 27: 8,900.

Directors duties the norm

The HSE has published research that shows that a legal duty on directors on health and safety is the norm internationally. The report looks at whether the law in nine different countries imposes health and safety duties upon boardroom directors (and other senior managers), and if so, what these duties comprise and whether they assist in the prosecution of directors. The main finding is that seven out of nine countries have safety legislation that imposes positive safety obligations upon either directors or senior managers of companies. These are: Germany, France, Italy, Sweden, Japan, Canada (four out of fourteen jurisdictions) and Australia (two out of nine jurisdictions). There is in addition another category of jurisdictions which, whilst not imposing explicit positive duties upon directors, do impose significant responsibilities through the creation of offences that are targeted at directors. This category includes four Australian states. There are only two countries which, like Britain, either impose minimal or no duties upon directors. These are the USA and Holland. TUC head of health and safety, Hugh Robertson said 'This is a useful report which shows that Britain is out of step with the rest of the world and clearly needs a change in the law to bring standards up to the level abroad.'

Greater Penalties proposed

MP Wayne David has introduced a Private Member's Bill to amend health and safety legislation. The main purpose of the Bill is to raise the maximum penalties available to the courts in respect of certain health and safety offences. This would happen in two ways. Firstly, raising the maximum fine that may be imposed in the lower courts to £20,000 for most health and safety offences. At present the maximum penalty for some health and safety breaches is just £5,000. Secondly, the Bill would make imprisonment an option for most health and safety offences in both the lower and higher courts. The TUC has welcomed this Bill and hopes that the Government will give the bill sufficient parliamentary time. Last month a TUC campaign for increased penalties came top of a list of campaigns voted for on the Labourspace website.

MPs say no HSE cuts

An Early Day Motion has been introduced into the Commons which condemns the lack of resources being made available for maintaining the health and safety of UK workers. The motion, supported by MPs from all major parties, notes with concern that the number of staff in the Health and Safety Executive had fallen from 4,282 in April 2004 to 3,225 by March 2007, and that over the last financial year there has been no improvement in the number of fatal accidents and major injuries, with the construction sector having suffered a 14 per cent. It calls upon the Government to recognise that to maintain current safety levels, let alone achieve reductions in the number of workplace deaths and injuries, it is essential that further funding be made available to the Health and Safety Executive. The TUC has welcomed the motion and called on all MPs to sign it.

HSE report shows serious under-prosecuting.

The Centre for Corporate Accountability has obtained papers which show that the HSE may be taking prosecutions far less often than they should under their own rules. An internal audit undertaken by the Health and Safety Executive (HSE) into enforcement decisions by both HSE and Local Authority (LA) inspectors was published last year and showed that of 126 cases looked at, the panel agreed with the investigating inspector's decision in 108 of the cases. There were no cases where the panel felt that the inspector had been over-zealous. There were 18 cases where the panel felt they would have taken significantly stronger action, including 12 instances where they thought a prosecution was probably appropriate. However the CCA claims that the full report shows that the audit team found that inspectors should have prosecuted in a total of 19 cases - 12 more than the 7 cases that actually resulted in criminal charges. This is triple the number of cases than were actually prosecuted. David Bergman, Executive Director of the Centre for Corporate Accountability said: 'The report suggests that rather than prosecuting around 700 cases the HSE should be prosecuting close to 2000 cases each year. The HSE should be apologising for this failure - for the lack of accountability for bereaved families and injured workers as well as for undermining the deterrent effect which would result from effective enforcement. Real improvements to ensuring enforcement action, in line with HSE's own policies, must be made.'

Sickie Culture a myth

More than half of employees have gone into work when they were ill, countering the belief that workers were happy to pull a sickie, according to research for Benenden Healthcare. This backs up previous research by the TUC. Jakki Stubbington of Benenden Healthcare says: ``'With the pace of today's corporate lifestyles people feel under growing pressure to come into work while they are ill. Doing this can negatively impact on the individual's health as well as that of their colleagues who may fall ill after coming into contact with a sick person.' The survey also found that around one in three returned to work before they were fully well. Older workers were least likely to take time off sick, the study showed.

INTERNATIONAL NEWS
Horrific death of 39 Burmese fishers on Thai fleet

The ITF has targeted the 'ruthless exploitation of migrant workers' following the death of 39 Burmese fishers on board a Thai fishing fleet. They had been left without fresh food and water for 75 days. It is alleged that the owner and captain ordered their bodies to be thrown overboard. The statement, released by the ITF Fisheries Section committee last Thursday, expressed grave concern over the horrific death of the fishers working on six trawlers in Indonesian waters. They had no access to supplies while they were waiting for their permits to be renewed. Relatives of the dead fishers and survivors began legal action on 26 March in an effort to win justice. One of the survivors, Soe Moe, stated in the court in Mahachai, Thailand: 'There was no food, no vegetables, just smelly rice, and there were dead bodies close to me. I was afraid but I didn't know what to do or whether I was going to die because at the time I was so weak I couldn't even walk.' The ITF declared: 'It is hoped that the court case will expose this modern form of slave labour and lead to criminal charges. In addition the committee urges the Indonesian government to take action to prevent the perpetration of such appalling human rights abuses in its waters and for the Thai authorities to take the appropriate sanctions against its nationals involved in the ruthless exploitation of migrant workers.'

Sweden: Roving reps work

The Swedish trade union centre LO has, with the assistance of Statistics Sweden, produced a review of the experience of regional safety delegates. The outcome is published in a new report 'The safety delegates' work and experiences 2006'. The report surveyed 730 regional safety delegates about their work and experiences and the conclusions are, above all, that the aims of the safety delegate's work are fulfilled but the activities need to be further developed. The report shows, among other things, that 85 per cent of employers appreciate the work of regional safety delegates. Their knowledge is of importance to the employers' possibilities of developing the working environment, preventing work injuries and thereby profiting from a satisfying working environment. Ulla Lindqvist, LO Vice President, said. 'The regional safety delegates make the employers and employees pay attention to the importance of working environment measures. The working environment is developed by the systematic co-operation between employers and regional safety delegates. The regional safety delegates' achievements are of advantage to society by their making the working environment safer. More people can work and contribute to our joint welfare and production. It is logical that the Government should allot resources to the training of regional safety delegates.'

Studies show Parkinson's and pesticides link

US scientists have uncovered more evidence that pesticides can cause Parkinson's disease. One study shows that farm workers who used the common weedkiller paraquat had two to three times the normal risk of Parkinson's, a degenerative brain disease that eventually paralySes patients. A second study shows that animals exposed to paraquat have a build-up of a protein called alpha-synuclein in their brains. This protein has been linked to Parkinson's in the past. A third piece of the puzzle shows that this build-up of protein kills the same brain cells affected in Parkinson's. 'All of these pieces really look like they are coming together now," according to Dr. William Langston, founder of the non-profit Parkinson's Institute. Langston and colleagues said they were energised by research presented at the Parkinson's Disease Environmental Research meeting in Monterey, California, earlier this month. Farm workers are at especially high risk but links to pesticides have been difficult to document because years usually pass between a person's exposure to pesticides and the development of the disease. Dr. Beate Ritz of the University of California at Los Angeles and Dr. Caroline Tanner of the Parkinson's Institute looked at 80,000 people in Iowa and North Carolina and found farm workers exposed to Paraquat had twice the expected risk of Parkinson's over their lifetimes. Exposure to another pesticide called Dieldrin also raised the risk, the study, funded by the National Institute of Environmental Health Sciences, found. A second study found similar effects in farm workers in central California.

RESOURCES
New support for reps in Yorkshire

The Yorkshire and Humberside safety representatives network have set up a website to help representatives share best practice, meet socially to discuss developments in occupational health and safety and generally support each other. This is being launched for Workers' Memorial Day. It can be found at http://thesafetynetwork.org

Stress is a contributing factor to high blood pressure

The British Heart Foundation has said stress can lead to high blood pressure, which is a major risk factor for developing heart disease, so it's important to try to keep your blood pressure at a normal level. They claim, 'For some people, being under constant stress can contribute to developing high blood pressure. Stress can also affect your lifestyle, and may lead to unhealthy habits such as smoking, eating a poor diet, drinking too much alcohol and not getting enough exercise - adding to your risk of developing heart problems.' 'It is important to identify the things that cause you stress and look at how you may deal with stressful situations. Making changes to your lifestyle, such as taking regular exercise, can help you cope with stress.'

Smokefree Resources

There are only a couple of months to go before the restrictions on smoking in workplaces and public places come into effect in England. Wales and Scotland have already made the leap and Northern Ireland follows this week. Make sure that you have enough material for the day.

Workers' Memorial Day video on Youtube

A short video for Workers' Memorial Day has been produced by the Hazards campaign and put on the popular Youtube website. If you are accessing Risks from a work computer you may find that this is blocked due to your employer's web restrictions, however you should still be able to access it from home.

EVENTS AND COURSES

The Cardiff Work Environment Research Centre (CWERC) has chosen for its first seminar to set out to explore UK strategies on work and health from a comparative European perspective. It is to be held on 31st May. The seminar has been arranged to coincide with the publication 'Supporting health at work', a special issue of the IOSH scientific journal 'Policy and Practice in Health and Safety' edited by Peter Westerholm and David Walters. Speakers at the seminar include the European TUC.

TUC courses for safety reps

Newsletter (4,300 words) issued 27 Apr 2007

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