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Risks Newsletter

Number 306 - 19 May 2007

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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 ACTION EVENTS AND COURSES
UNION NEWS
Chain gangs working on the railways

Serving prisoners are being used to carry out maintenance work on Britain's railways, Network Rail has confirmed. Union boss Bob Crow reacted angrily, accusing the firm of deviousness and likening the practice to the US chain gangs of the 1950s. The RMT general secretary also suggested safety standards could be compromised and expressed alarm that the company had never raised the matter with the union. 'We are not opposed to the idea of offenders being rehabilitated through work, but not at the expense of workers in the industry, not if it is about cheap labour, and certainly not if it involves safety critical work,' he said. 'It appears that rail contractors are cynically using prisoners as cheap chain gang labour, and that raises a host of issues, not least what rights these people have at work and what opportunity they have to be represented by a union.' Mr Crow added: 'We will be seeking an urgent explanation from Network Rail, not least on why on earth we were not consulted over an issue in which our members clearly have a crucial interest.' Network Rail said all workers were properly trained and vetted, adding that offenders would be doing 'heavy lifting' rather than 'specialist work'. The use of prison labour in the USA's 'prison industrial complex', where many prisons are run as money making commercial factories, has led to considerable safety and human rights concerns. Recent reports, for example, have highlighted serious safety violations, with inmates recycling computer parts found to be exposed to highly toxic chemicals ( Risks 252 ).

Bosses and HSE must do better

Employers and the government's own safety watchdog should do more to support health and safety representatives, unions in the south west of England have warned. The alert comes after a survey of unions conducted by Hazards magazine concluded the top problem facing union safety reps is getting employers to act on safety concerns (Risks 297). Helen Cole, Unionlearn regional manager, said: 'Across the south west, hundreds of safety reps are trying to make work safer for their colleagues, in some cases with little help from employers. If safety reps were guaranteed time off to inspect factory offices and other workplaces, we'd see a real reduction in the number of workers killed, made ill or injured by their jobs every year.' The Health and Safety Executive (HSE) also came under fire for being too soft on bosses. Helen Cole said: 'Our safety reps are life-saving, disease-preventing, union-trained volunteers and it would make the world of difference to the poor safety record of our workplaces if the HSE gave safety representatives more support and got tough with bosses who refused to give them their legally entitled time off.'

UNISON action call on work smoking

With fewer than 50 days to go until England introduces a ban on smoking in public places, public sector union UNISON is offering advice to employers on how best to go about it. The union says it welcomes the 1 July enforcement of smokefree legislation. However, it stresses that the implementation of any workplace smoking ban must follow on from consultation with the workers concerned and their safety representatives. 'This gets their buy-in to the policy, eases implementation, and ensures that all relevant issues are considered,' a health and safety spokesperson said. 'UNISON urges employers to consider positive steps to encourage staff who wish to quit smoking, but not to penalise those who do not wish or are unable to quit. An effective policy will make provision for both smokers and non-smokers.' UNISON is also urging employers to consider the health of those workers who are not covered by the forthcoming ban. 'UNISON has many members who carry out their work within someone else's home where the legal ban on smoking won't apply,' said the UNISON spokesperson. 'However, many employers realise that they must still prevent and control their workers' exposure to hazards and are therefore asking client groups not to smoke in the presence of the worker, or for an hour before an appointment, and to allow the worker to ventilate the rooms they work in.' The Department of Health this week launched an advertising campaign to raise awareness of the forthcoming ban.

Schools failing to take safety seriously

Teaching union NASUWT has written to the Health and Safety Executive (HSE) and the National Governors Association (NGA) highlighting serious concerns about the apparent failure of some schools to take health and safety issues seriously. Union general secretary Chris Keates said: 'The survey the NASUWT has conducted demonstrates a catalogue of failure in some schools to undertake even basic safety precautions. It is further evidence of the serious concern the union has that some schools place a low priority on issues affecting the working conditions.' She added: 'Where health and safety is concerned it is not only the workforce who are at risk but also pupils and anyone else who uses the building. The survey exposes a wide range of serious problems. A significant number of schools are failing to conduct regular fire drills. Checks of workplace hazards are not conducted regularly. Not enough is done to prevent accidents or safeguard staff and pupils against exposure to asbestos or fire.' She said she had written to HSE 'to seek its assistance in ensuring that there is compliance with statutory provisions.' The union is also raising the issue with school governors' organisation NGA. 'Governing bodies have a duty of care for employees and it is clear that in some schools this is not being exercised appropriately,' Chris Keates said. 'It is no exaggeration to say that lives are at risk and urgent action is therefore required.' She added that NASUWT would press for 'substantial sanctions on those employers who fail to implement statutory provisions.'

OTHER NEWS
Fines for school asbestos blunders

Derby City Council has been fined £50,000 with costs of £20,000 after admitting asbestos safety breaches. The Health and Safety Executive (HSE) prosecution followed an incident when a Mickleover school was closed for several weeks after asbestos was disturbed during window replacement work (Risks 206). Both the council and the contractor were aware of the presence of asbestos, but failed to take appropriate precautions, said HSE. Peter Westran, who owns and runs Horizon Windows and Glass, which carried out the initial window repairs, was fined £5,000. His company was fined a further £10,000 at Nottingham Crown Court. Brown asbestos was disturbed when windows were being replaced during February and March 2004 at Silverhill Primary School at Mickleover, Derby. Both staff and pupils were present during the work, which lasted three weeks. The work was stopped once the problem was identified and the school was closed for several weeks while decontamination work was carried out. HSE principal inspector Samantha Peace commented: 'Asbestos can be a killer if disturbed, but if contained and well managed poses no health risk. This is why it is vital that proper records are kept, showing where asbestos may be found and the condition of these materials. This information must be given to anyone who is likely to disturb it.' She added: 'If governors and head teachers approve building work directly, they need to ensure that it is done safely and they need to understand their responsibilities. This should be on the agenda of every local authority and school governors' meeting.' The final bill for the clear-up and replacement of equipment was £640,000. Mary Bousted, General Secretary of the Association of Teachers and Lecturers (ATL), who have a number of members at the school, said: "A £50,000 fine is no consolation to the pupils and teachers at Silverhill Primary School who may have been exposed to asbestos. After exposure, asbestos related illness can have a latency period of anything up to 40 years. As the largest occupational health killer in the second half of the twentieth century, it is vital that staff are made aware of asbestos in the workplace so that they are not at risk of disturbing it."

Directors consult on directors' duties

Top bosses organisation the Institute of Directors (IoD) has launched a consultation on new guidance spelling out the safety role of company directors. The initiative, at the request of the Health and Safety Commission (HSC), is being overseen by a nine-person steering group, with Bud Hudspith of Unite representing the TUC. IoD says in 2001 HSC issued guidance for directors, but says following a re-examination of the issue last year, 'the Commission determined that new guidance was needed to build on the progress made since the earlier publication, to do more to get the health and safety message over at board level.' Geoffrey Podger, chief executive of the Health and Safety Executive (HSE), flagged up the new IoD guidance in a speech to the Institute of Occupational Safety and Health (IOSH) conference on 28 March. He said through the guidance, HSE with the IoD was reaching out to boards and directors to secure their commitment to ensure successful health and safety performance. In parallel with this process, TUC and unions are continuing their campaign for new legally binding safety duties on company directors.

Balfour Beatty machine mended with string

Rail track manufacturer Balfour Beatty Rail Track Systems has been fined £6,000 for not maintaining machinery. The firm admitted the charge at Ilkeston Magistrates' Court. The court heard powerful machinery used to transport sheets of steel had been adapted using a piece of string. It was attached to the engine from the cabin, allowing it to be run without an operator while the engine heated up. Prosecuting, Nottingham HSE inspector Melvin Sandell said a driver 'put it on a battery charger while he got on with other work. When he got back, he turned the charger on to boost then tried to start the engine. It didn't start so he used the string, then it started.' The inspector said the engine reversed toward a wall and a gas main, adding: 'He saw the impact and could hear hissing from the gas main and left the area.' The police were called out on 17 November 2005. Representing Balfour Beatty Rail Track Systems, Chris Morrison said: 'The locomotive hadn't been adequately maintained but the driver allowed a piece of string to be tied off in the cabin. Rather than return to idle, because the string was tied on, it was operating at an increased rate which engaged the clutch which then moved it backwards.' The company was also ordered to pay costs of £1,146.

Haulage firm fined after driver is crushed

A haulage firm was fined £30,000 last week for failing to protect an employee who was killed while unloading heavy steel beams. Nicholas McKellar, 45, was crushed when one of the beams, weighing almost 1000kg, fell on him in October 2005. His employer, Ron Boyd Trading, was fined along with steel fabrication company McDonald and Ross a total of £37,500 at Edinburgh Sheriff Court. Both firms admitted the charges. Mr McKellar had been a driver for the Dalkeith-based haulier for six weeks when he was killed. The beams on his lorry had become loose during transit. As he unstrapped the load, a beam fell, causing fatal injuries. HSE inspector Isabelle Martin, commenting after the case, said: 'It is entirely foreseeable that a load on a vehicle will move during transit on the road. It is therefore important that the load is placed onto the vehicle in its most stable orientation and that appropriate measures are taken to ensure that it cannot fall from the vehicle at any time. It is also important that the stability of the load is assessed prior to beginning to unload it.' She added: 'This incident could, therefore, easily have been prevented. The beam that fell from the vehicle was one of three identical beams placed on the vehicle. Each of these beams could have been placed on their side therefore making it very unlikely that they could fall.' The dead man's widow, Tracey McKellar, condemned the fines as insignificant compared to the loss she had suffered.

Company fined over worker's death

An electrical contractor has been fined £100,000 after an employee died when he was electrocuted while fitting wiring in a building society refurbishment. Barry Martin, 28, suffered a shock to the head when a colleague mistakenly turned on the power in June 2003. His employer, Cheltenham-based CFR Group plc, admitted breaches of health and safety legislation last week at the Old Bailey. The firm was also ordered to pay £33,000 costs. Mr Martin, from Crawley, had been working for more than 66 hours a week over 11 weeks on the refitting at the Halifax branch in central London, the hearing was told. The firm failed to ensure power switches were padlocked closed so that they could not be switched on by accident. There were no systems for locking off the power, only tape, to indicate which circuit could be switched on or off. The company was also fined £750 for breaking working time regulations. Judge Richard Hone said it was an 'unnecessary and tragic death', adding that it was a 'matter of regret' it had taken four years to come to court. After the case, Health and Safety Executive (HSE) inspector Anne Gloor said: 'The judgment goes to show that companies should ensure that all staff are safe at work, and that there should be good arrangements for locking off all power supply systems.' The HSE investigation found that CFR Group plc should have carried out a risk assessment for the work, and ensured there was proper signage and measures to lock off the power. Working time regulations had also been breached over a prolonged period.

Firm pays for ignoring enforcement notices

A defunct construction firm has been fined £6,000 after failing to comply with Health and Safety Executive (HSE) improvement notices. Harry Kindred (Newcastle) Ltd, which is now in receivership, pleaded guilty to four breaches of health and safety law. HSE inspector Michael Brown said the prosecution arose out of conditions found during autumn 2006 at a site in Bamburgh, Northumberland, where the firm was principal contractor for the construction of a four-bedroom detached house. The improvement notices instructed site bosses to put right safety breaches including a danger of trips and slips and inadequate welfare facilities. When the site was revisited a month later, the problems had not been remedied. HSE's Michael Brown said: 'Failing to comply with the requirements of an improvement notice is a very serious matter and companies should be aware that the HSE will take appropriate action in such cases.' He added: 'In this case conditions on the site presented a danger of causing trips which, together with slips, are the single most common cause of injuries in British workplaces, with almost 11,000 major injuries a year, including over 1,000 in the construction industry. I would also remind companies that they must provide a decent minimum level of welfare facilities for their employees and it is part of HSE's remit to regulate workplaces so they are healthy as well as safe.' Harry Kindred (Newcastle) Ltd was fined a total of £6,000 for the four breaches of health and safety law. It was ordered to pay £608.40 costs. Ignoring an HSE enforcement notice is one of the few workplace safety offences which can result in a custodial sentence.

Police withdraw bikes after death crash

Scottish police forces have taken a number of motorcycles out of service after the death of an officer in a crash in England. Merseyside Police motorcyclist David Shreeve was crushed under a lorry after falling from his Honda ST 1300A. The bike was the same model used by three Scottish forces. An inquest into Constable Shreeve's death in 2005 found he crashed after his bike began shaking violently as he reached about 110mph. The inquest in April heard that the problem, known as high speed weave, only affects the police version of the motorcycles as they are fitted with extra kit which affects their centre of gravity. Coroner Dr James Adeley said that since the death, several of the ST 1300As had undergone safety checks. In one test an examiner broke a leg and fractured both wrists after experiencing similar problems. Last week, the Association of Chief Police Officers (ACPO) recommended the bikes they should be withdrawn from use. Meredydd Hughes, chief constable of South Yorkshire Police and head of the ACPO uniformed operations business area, said: 'Detailed testing was carried out on a sample of motorcycles from a number of forces. Following this testing, aspects of the maintenance and set-up of the motorcycle were considered, and as an interim measure, precautionary guidance was issued to all forces, limiting the speed and use to which these motorcycles should be put.' Strathclyde Police has withdrawn its 31 bikes from operational use until a risk assessment has been carried out. Central Scotland Police has taken its three bikes off the road, while Lothian and Borders has already modified its 10 bikes to stop them reaching more than 100mph.

Cameron u-turn on construction law

Conservative leader David Cameron last week did a u-turn on his opposition to regulations that could play a key role in improving health and safety in the construction industry (Risks 299). The move came after his Early Day Motion calling for the Construction (Design Management) (CDM) Regulations 2007 to be annulled attracted just 12 signatures from MPs. The motion had been criticised by unions and safety professionals' organisation IOSH. Tory health and safety spokesperson Andrew Selous MP told a Commons debate last week it was never in fact the intention of his party to seek the annulment of the regulations. 'There is a set form of words for an early day motion and I personally think it unfortunate that it has to use the phrase 'annul' the regulations,' he said. 'My party and I are wholly committed to the highest possible standards of health and safety.' The parliamentary under secretary of state for work and pensions, Anne McGuire MP, accused the Conservatives of 'a feat of political athleticism'. She added: 'The Opposition give out the message that on health and safety issues they see regulation and burden, whereas we see the welfare of the construction worker. The message that has been given here to the construction industry, to clients and to cowboy builders is that the Conservatives want to annul regulations that are about improving the health and safety of workers in this country.' Richard Jones, IOSH's director of technical affairs, commented: 'Seeking an annulment was wholly inappropriate and sent out entirely the wrong message to business. This type of knee-jerk reaction to health and safety improvements must never be repeated. We hope that those in positions to make decisions and influence public opinion act in a more responsible and considered way in future.' Provisional Health and Safety Executive (HSE) figures released in March suggest construction deaths in 2006/07 increased by over 30 per cent on the preceding year (Risks 305).

New NHS workplace health resources

Businesses in five areas across the country are to benefit from NHS advice and support to improve the physical, mental and social well being of their staff, health minister Rosie Winterton has said. The five new demonstration projects located in Yorkshire, Cambridgeshire, Buckinghamshire, London and Hampshire, will share £10m of capital funding to provide better quality occupational health services for local businesses. The government says the schemes, to be managed by NHS Plus, will pave the way for other trusts to develop similar programmes. Rosie Winterton said: 'The funding of these schemes highlights the importance of occupational health services and their important role in supporting health, safety and well being in both the workforce and the community. The chosen sites are excellent examples of the good work going on throughout the NHS to reduce ill health and accidents, and improve employee morale and performance in the NHS and beyond.' The government says occupational health advice from the NHS to businesses can significantly reduce health problems amongst staff. It adds this advice can include the management of sickness absence, rehabilitation and guidance on a wide range of workplace issues.

INTERNATIONAL NEWS
Global: Gene screens have no place at work

The International Labour Organisation (ILO) is to warn employers not to use genetic information relating to their employees to discriminate in the workplace. A report published on 10 May and to be discussed at the International Labour Conference later this month deals with equality issues at work. It widens the scope of the usually equality debate, covering new forms of discrimination including genetic testing in hiring. 'Genetic testing may easily lead to unjustified dismissals or denial of a job,' commented report author Manuela Tomei. 'Making an employment decision on the basis of the probability that an individual may be prone to develop a certain disease, rather than on his/her actual capacity to perform the work, is discriminatory.' The report gives several case histories, including a US case where the Equal Employment Opportunities Commission fined the Burlington Northern Santa Fe Railroad for secretly subjecting its employees to surreptitious testing for a genetic marker linked to the work-related strain injury carpal tunnel syndrome (Risks 228). 'While the debate is still open as to whether or not there are objective reasons to exclude or treat less favourably an individual because of his/her genes, any such differential treatment must be objective, reasonable, appropriate and proportionate', Manuela Tomei said. 'One key aspect of the principle of non-discrimination and equality at work is that all employment decisions must be based on a person's capacity to perform a job.' In April, a bill that would prohibit genetic discrimination against people, for instance not hiring or insuring someone predisposed to a given illness, won overwhelming approval in the US House of Representatives. The measure now goes to the Senate, which has consistently supported this type of legislation (Risks 196). The White House has also voiced support for the bill, but it is opposed by the US Chamber of Commerce, a leading business lobby. In September 2003, TUC backed a report calling for a similar block on genetic discrimination in workplaces (Risks 125). There is currently a voluntary UK moratorium on the use of these tests by employers.

Global: Moves to tackle toxic wood boards

Wood-based boards that can lead to workplace exposures to a mix of two known carcinogens pose an unacceptable risk, campaigners have warned. Australian construction union CFMEU says it may consider a ban on imports of MDF - medium density fibreboard - because of concerns about formaldehyde risks. The chemical is used in the glue binding the wood/resin mix. Both formaldehyde and wood dust are recognised as a potential cancer risk to humans; when wood boards are machined, they can be inhaled as a toxic cocktail. The union says that MDF manufactured in Australia or New Zealand must comply with four national standards. But tests carried out on board manufactured elsewhere by the Australian Wood Panels Association have revealed that some imported products do not comply, with some products having 10 to 12 times the formaldehyde emissions of the Australian made products. CFMEU national safety officer Martin Kingham said: 'The CFMEU will be campaigning for construction companies to stop using cheap and poisonous MDF products and to replace them with safe, Australian-made MDF.' Californian clean air regulators last month approved restrictions on formaldehyde use in wood-based boards, which will require manufacturers to reduce by more than half the amount of formaldehyde. Welcoming the move, Harry Demorest, chief executive of Columbia Forest Products, an Oregon-based manufacturer that began taking formaldehyde out of its plywood in 2002, said: 'There is no safe threshold for this carcinogen, and we know how to eliminate it.' Reducing risk arising from exposure to dust and chemicals from wood and wood-based boards is one of the priorities of global building and wood union federation BWI's new prevent cancer campaign.

South Africa: Benzene 'harms refinery staff'

A study at a fuel refinery in South Africa has found that benzene in petroleum causes high levels of DNA damage in refinery workers, distribution workers, tank drivers and office staff alike. The Wits School of Public Health study found that continued exposure of workers reduced the ability of their bodies to repair the damage to DNA, the body's genetic code. Researcher Andrew Swanepoel said this was a concern as benzene was a known cause of cancer. The study analysed the blood samples of 27 refinery workers and nine office staff at the refinery, taken before and after their shifts. Benzene is a natural constituent of crude oil, but it is usually synthesised from other compounds in petroleum. Occupational exposure to benzene can cause leukaemia and other cancers. Swanepoel said the DNA damage was highest in refinery workers but was also found in people who worked in offices about 2km from the refinery. The test found that cell damage was highest among the refinery workers but it was also present in office staff. 'This shows that the time between shifts was not enough for DNA to repair successfully,' he said. The study did not identify the refinery.

South Africa: Move to intensify inspections at work

South African workplaces need more and better inspections and greater input from unions if their poor safety record is to be improved, the country's top labour official has said. Department of Labour director general Vanguard Mkosana warned employers that the department is to intensify inspections of workplace law compliance throughout the year. 'National roving and blitz inspections will make sure that an inspector walks into a workplace at anytime, our visibility will be at a high level,' Mr Mkosana said. He urged hundreds of delegates from all three major trade union federations - Cosatu, Nactu and Fedusa - attending the 3rd KwaZulu-Natal Workers' Parliament to form health and safety committees in their workplaces, adding that it was the right of every worker to refuse dangerous work. He asked all employees to become whistleblowers for the department's inspectors. 'We want clean workplaces, we do not want fatalities and accidents, occupational health and safety (OHS) is one of the areas that needs maximum co-operation in order to reduce accidents," said the director general. Praising the Workers' Parliament initiative, Dr Mkosana urged workers to organise and unionise themselves to make compliance easier at all workplaces. A November 2006 report from the International Labour Organisation (ILO) based on global evidence concluded beefed up health and safety inspection systems reduce costs and injuries (Risks 284). Inspections in the UK have fallen dramatically in recent years (Risks 281). In August 2006, the Health and Safety Executive announced up to 350 jobs were to go (Risks 270).

RESOURCES
Call centre guide on trips and slips

A call centre project bringing together representatives of the industry, unions, safety bodies and the Health and Safety Executive (HSE) has produced a new resource aiming to reduce slip and trip pitfalls in the sector. Guidance prepared by the project was launched this month at the BT Call Centre in Warrington by HSE regional director David Ashton, Lee Davies from the Communication Workers' Union (CWU), Ruth Hudson from BT and Frances Molloy from health@work. The initiative was coordinated by the North West Contact Centre Project. At the launch, HSE's David Ashton said: 'The guidance has been drawn up by representatives of the industry, the HSE, local authorities, trade unions and other experts to try and reduce the number of accidents which can cost the industry dearly.' He added: 'Measures needed to reduce slips, trips and fall are often simple and low cost, but their introduction will bring significant reductions in reducing both human suffering and loss.' Lee Davies of CWU's Liverpool branch, who was closely involved in the project, said: 'This guide demonstrates good practice in the industry.'

ACTION
Did organising work for you?

In September 2005 the TUC published 'Organising for health and safety', a practical guide to... well, you get it (Risks 226). The resource was intended to help union branches achieve a more active membership, with more safety representatives, more effective on the ground. Now TUC wants to know how well the approach has worked. It is asking union reps to complete an online survey. The results will inform the TUC on whether the resource tool needs revising and how it could be used in future activities. It takes barely a minute to complete, so don't put it off!

Support Costa Rica's banana workers!

Two workers employed on a banana plantation supplying the multinational Chiquita have been fired after raising serious safety concerns. The sackings came after an incident where field workers employed by Compañia Bananera Atlántica Limitada (COBAL), a Chiquita subsidiary, on the Coyol plantation in Costa Rica, were sprayed with a highly toxic pesticide and poisoned. A few minutes after the incident Alexander Zuñiga and Jaime Juárez became nauseous and dizzy. Juárez was taken to a clinic where he remained under observation for several hours, on a drip. His colleague reported the incident to his superiors, who told him to take milk with sweetened water and sent him home without any further care. The next day Alexander Zuñiga told his supervisor that he was still suffering from the same symptoms of poisoning. However, since the supervisor did 'not have enough workers', he ordered him to return to work. Zuñiga and another worker who then raised concerns about fumigation taking place in the same area people were working unprotected were dismissed immediately for 'misconduct'. The firm has been condemned by SITAGAH, the union of agricultural workers of Heredia and by COSIBA-CR, the coordinating committee of Costa Rican banana workers' unions. The unions are calling for letters of protest to be sent to Chiquita.

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