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Risks Newsletter

Number 329 - 27 October 2007

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hazard 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 15,000 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 OTHER NEWS INTERNATIONAL NEWS EVENTS AND COURSES USEFUL LINKS
UNION NEWS
New TUC website to support Polish workers

The TUC has launched a new Polish language website to support the increasing number of Polish workers in the UK. The website - http://www.pracawbrytanii.org/ - run by the TUC in partnership with Citizens Advice and Solidarnosc, explains the rights workers can expect at work, including health and safety, working time, holiday entitlement and sick pay. There's also information about social issues such as housing and health and guidance about what living and working in the UK is really like. Since Poland joined the EU in 2004, hundreds of thousands of Polish workers have joined the UK workforce. TUC says many of these workers have fallen prey to unscrupulous employers and have been forced to work long hours for little pay, in unsafe workplaces with very few employment rights. General secretary Brendan Barber said: 'Polish workers are making a substantial contribution to Britain's economy, and sectors like agriculture and construction would struggle without their valuable contribution. However, some rogue employers are taking advantage of this new, vulnerable workforce, and exploiting their lack of understanding of British working culture and problems with language.' He added: 'It is clear Polish workers need help both to understand and also secure their rights. By using this new website and working with unions, advice agencies and other similar organisations, migrant workers can get all the support and protection from crooked employers they are entitled to.' TUC head of safety Hugh Robertson said: 'This site will hopefully be of use to Polish workers in the UK who face difficulties on health and safety. Basic health and safety information is already on the site and this will be expanded over the coming months. We would also encourage unions that have produced materials electronically in Polish to send them to the TUC so we can link to them.'

Grass cutting caused vibration injury

A council gardener has developed debilitating vibration white finger (VWF) as a result of cutting grass with strimmers and mowers. GMB member Robert Llewellyn received £3,000 compensation from Cardiff County Council. He had worked since as a gardener and sexton in the council's bereavement section. 'My job meant that I was strimming for most of the day with a 10 minute break in the morning and a 30 minute break at lunchtime,' he explained. 'I used an industrial strimmer which weighed between 28-30 lbs, but I was never provided with any gloves. My doctors have now confirmed that this ongoing exposure has caused vibration white finger which means that I suffer from ongoing pain and numbness.' Allan Garley, regional secretary of the GMB's south western region, commented: 'Clearly this settlement will assist other union members who have been exposed to vibrating tools for long periods during the course of their employment.' He added: 'GMB members in local government might not be aware that VWF is a condition affecting council workers as well as our members working in traditional heavy industry such as those working in the steel industry. If you regularly use vibrating tools and suffer from tingling, numbness, loss of grip in your fingers or whitening of the fingers you should take action and contact your local GMB representative.'

Minister backs union strains campaign

Health and safety minister Lord McKenzie has added his weight to a union bad backs prevention initiative. The minister joined trade union safety representatives and experts from the Health and Safety Executive (HSE) on a London unionlearn course this week, to mark the start of European Health and Safety Week. The unionlearn course demonstrated tools union reps can use to help prevent back pain and repetitive strain injury in the workplace. Speaking at the event at TUC's Congress House, Lord McKenzie said: 'Every year more than 1 million workers in Great Britain suffer from back pain or repetitive strain injuries, making these the most common form of work related injury in the country. Partnership working and events such as this play a key role in making progress in reducing the number of workplace injuries.' Geoffrey Podger, chief executive of HSE, said: 'When employers and employees work together on health and safety issues, there can be real improvements. HSE is committed to raising awareness and reducing the incidence of work related MSD cases. Early next year we will be working on further planned initiatives with stakeholders.' Liz Rees, unionlearn trade union education manager, said she was delighted the minister could 'see at first hand what difference safety representatives are making in the workplace. Safety at work is a concern for every worker and employer as well as the TUC. Unionlearn together with trade unions are all playing a part to make workplaces safer.'

Workplace visit leads to costly slip up

A Birmingham woman who injured her back and knee after slipping on vomit on the floor of a college nursery has received damages of £8,500. The woman was carrying her nine month old baby boy whilst visiting her employer. The unnamed UNISON member was on maternity leave from Birmingham's City College and was visiting her manager to finalise her return to work. As she was walking through the corridor, she slipped in vomit which had not been cleared. As she fell, she instinctively held the baby tighter and smashed to the floor on one knee. UNISON rep Tracey Hancock said: 'UNISON are pleased that our member has received the compensation she so justly deserves. It's essential that individuals realise that the success of this case is partly due to the fact that the individual concerned is a member of one of the UK's biggest and most influential unions - UNISON.' Tony Mikhael of Thompsons Solicitors, who acted for the UNISON member, said: 'This was a nasty accident which could have been worse. The area should have been cleaned or cordoned off, but neither of these actions was undertaken. Thankfully the baby came out unscathed, but his mother didn't.' With support from UNISON and the law firm, the woman successfully claimed against the college's insurer, who eventually admitted liability.

OTHER NEWS
TUC dismay at EMF law delay

A European law intended to protect workers from possible health risks caused by electromagnetic fields, is to be delayed for four years. The European Commission's decision came because the move would have led to restricted the use of MRI scanners. The commission's physical agents directive was issued in 2004 to impose limits on occupational exposure to electromagnetic radiation, which can cause cancer and other health problems. The TUC believes the MRI issue could have been dealt with without shelving what was intended solely as a workplace health and safety measure. The directive, which was due to be implemented from 2008, put limits on exposure of operating staff to electromagnetic fields from zero to 300GHz. Hugh Robertson, head of health and safety at the TUC, said: This decision is a great disappointment. Although we shared the concern expressed over the effect of the directive on MRI scans, the Commission could have dealt with this by simply giving that industry more time to develop safer alternatives.' He added: 'Instead they have delayed the entire directive. This will put millions of workers at risk of unnecessary exposure to potentially damaging levels of electromagnetic radiation.' Electromagnetic radiation has been linked to high rates of breast cancer in flight attendants (Risks 222) and to cancers and other health effects in other groups of workers, including railway staff (Risks 308). Concerns have also been raised about a possible contribution from electromagnetic fields to elevated cancer risks in microchip workers (Risks 280). Recent reports have also suggested a link between radiation from mobile phones and certain cancers (Risks 327).

Hospital trust fined for asbestos blunders

A South London NHS trust has been fined after failing to take proper precautions to manage asbestos in their buildings, resulting in workers being exposed to asbestos dust. St George's Healthcare NHS Trust was fined £5,000 and ordered to pay costs of £6,432 at the City of London Magistrates' Court, after it pleaded guilty of breaching the Control of Asbestos at Work Regulations 2002. An HSE investigation found that the Trust did not have an effective system to manage asbestos materials at The Groves residential block nor did it control the risk of exposure to asbestos fibres in the building, despite being repeatedly made aware of its presence over a number of years. Asbestos containing materials were present in the building and were regularly damaged by workers and cleaned up or repaired by Trust employees. HSE inspector Hazel McCallum said: 'It is disappointing when large organisations such as the Trust put people at risk by not taking a responsible approach. The risks associated with exposure to airborne asbestos fibres are well known and the measures required to control it are easily achievable.' The magistrate commented 'that this was a serious offence. There was a lack of communication and a lack of action by the defendant. However, credit was given for the early guilty plea and this was the reason for not committing the case to the Crown Court.'

Contractors warned on asbestos risks

A Preston building contractor has been fined after safety lapses led to two workers from another company being exposed to asbestos. Mustaq Bargit, trading as M and B Builders, was fined £10,000 and ordered to pay costs of £5,137.73 after being found guilty at Preston Magistrates Court of safety offences. He had allowed work on a construction site to take place without an asbestos survey being completed. During a visit, HSE inspectors became concerned that asbestos was present in a building that Mr Bargit's company was working on. This was later confirmed. HSE inspector Joanne Eccles said: 'All contractors have a duty to ensure people's health and safety. In this instance Mr Bargit had been made aware of the possible presence of asbestos but failed to take the proper precautions necessary to deal with this danger. Asbestos is the greatest single cause of work-related death in this country. Asbestos is only dangerous when disturbed so if possible it should be managed and contained.' The inspector added: 'HSE has produced straight forward advice to building occupiers, contractors and workers on how to avoid the dangers of asbestos. Any substantial renovation work should only be started after a full asbestos survey has been carried out.'

Planes boycott by airline staff

Some crew at a leading budget airline are refusing to fly part of the company's fleet, saying poor air quality is putting them and passengers at risk. Flybe staff raised the concerns about the company's British Aerospace 146 fleet. A BBC Radio Five Live report last week said there had been 10 leaks of contaminated air into cabins in the last 15 months. During a trip from Birmingham to Belfast in July, two stewardesses collapsed after being overcome by fumes and all seven crew members had to be taken to hospital on landing (Risks 318). One was subsequently off work for more than a month. In a similar incident on the same route in February, the flight crew had to don oxygen masks and abort the flight after just 15 minutes. One flight attendant said: 'I will not get back on the 146 again. I'm angry that my health has been put at risk.' The quality of aircraft air has long been the subject of controversy. Air is bled off from the engines and cooled before being piped inside the plane, but campaigners say fumes from engine oil and toxic additives can sometimes leak into the air system causing them to be inhaled by crew and passengers. There are also fears that airline employees could be suffering damage to their health because of long-term exposure to these toxins. In September, pilots' union BALPA welcomed a government decision to test the cabins of commercial jets for toxic fumes. The move came after a government-backed report called for an investigation into whether pilots are being disorientated by poor quality air (Risks 325).

Guards could have saved man's fingers

An Enfield timber manufacturer has been fined after a machine operator lost part of two fingers. Jennor Timber Ltd was fined £4,000 and ordered to pay costs of £3,921 at the City of London Magistrates Court after pleading guilty to breaches of safety law. In May 2005, employee Peter Brooks, 64, was working on a piece of wood about five feet long using a heavy duty spindle moulder. The wood was apparently ripped out of his hands, exposing them to the cutters. There were no 'end stops' to prevent the wood from ejecting and Mr Brooks had decided not to use a jig, which would have acted as a barrier between his hand and the blade, as the material was considered too long. HSE inspector Gavin Pugh said: 'It is essential that safe systems of work are adhered to and there should be management systems in place to monitor workers at all timber mills. Machine jigs should have been used with limited cutter projection tooling, which should be in place to prevent very severe injuries if any part of the body touches the rotating blade.'

Firm fined after worker is paralysed


A firm has been fined £40,000 after an accident in Leeds left one of its warehouse employees paralysed. Kelly Cookes, 32, was crushed when a pallet of insulation material fell on him, leaving him with spinal injuries and no movement from the waist down, unable to live his life independently. FGF Limited had pleaded guilty at Leeds Magistrates Court to health and safety failures following the incident on 6 February 2006, and was sentenced this week at Leeds Crown Court. The prosecution by the health and safety services department of Leeds City Council was mounted against the Birmingham-based firm under Section 2 of the Health and Safety at Work Act 1974 for failures in its policy and procedures, risk assessment and training. The company, distributors of specialist building and insulation materials, has a number of satellite units around the country, including a distribution warehouse in Leeds. Health and safety inspectors found that the company's safety record was poor and, at the time of the incident , contact between the head office and the Leeds depot was less than adequate. The court heard the company has now appointed a health and safety officer.

Call for Scottish action on work deaths

Campaign organisation Families Against Corporate Killers (FACK) is to push for corporate safety crimes measures in Scotland that go beyond those in the UK-wide Corporate Manslaughter and Corporate Homicide Act, due to take effect in April next year. It says the exclusion of explicit directors' duties from this law was 'a huge disappointment'. During the passage of the Westminster Bill, Karen Gillon, the Labour MSP for Clydesdale, was campaigning in the Scottish parliament for separate and more far reaching culpable homicide legislation. FACK says i n 2006 she presented a private member's bill that ' would have delivered much of what we want in an effective law, including individual charges and imprisonment of directors. This Bill received cross party majority support but was withdrawn when Westminster claimed that health and safety was a reserved issue and the Bill would cover Scotland too. ' Scottish FACK members and Ian Tasker of the STUC met with Karen Gillon on 12 October. Dorothy Wright, a founder member of FACK whose son Mark was killed in an explosion at a recycling plant in April 2005, said: 'We will be writing to every MSP explaining our aims, the urgency of implementing strong deterrent legislation in order to save lives and asking that all parties support this. We would like to meet with sympathetic MSPs in Edinburgh to put our case forward and to explain why the Westminster Act fails to address the problem.' Another FACK member, Louise Adamson , whose brother was electrocuted at work in August 2005, added: 'FACK feels there is a huge groundswell of support for action now in the light of the ICL/Stockline tragedy and that every single day of procrastination means more deaths and more families destroyed. Scotland has long been proud of its legal system and its strong sense of social justice. We, the Families Against Corporate Killers, demand that Scotland now lead the way in protecting its citizens' lives instead of being the lapdog of Westminster.'

HSE warning on deadly vehicle falls

The Health and Safety Executive (HSE) says the transport industry continues to have one of the worst records for major injuries, with falls from vehicles during the loading and unloading of goods a serious contributory factor. Commenting on HSE's new awareness campaign, Judith Hackitt, chair of the Health and Safety Commission (HSC) said: 'Every year 2,000 workers are seriously injured after falling from their vehicle. It is vital that those who work in the transport industry take this issue seriously. Last year four workers actually lost their lives after falling from their truck or lorry and the cost of these deaths and serious injuries to the industry is in excess of £35 million a year.' She added: 'A majority of falls lead to serious injuries that affect workers and their families. Simple sensible precautions can avoid these incidents and the distress they cause. Those who buy and manage the many fleets of workplace vehicles up and down the country have an opportunity to set a real leadership example.' The awareness campaign aims to help those who are responsible for buying and managing workplace vehicles with simple steps that can be taken to improve the safety of vehicles. HSE's construction division is also running a falls from vehicles campaign, with focused inspections in October, November and December 2007.

HSE faces nuclear inspector shortage

The government is so short of nuclear inspectors that the programme of new reactors being planned may have to be put on hold, leaked papers show. The business secretary, John Hutton, this week warned Gordon Brown that the government has only five inspectors working on the design assessments of the three types of reactors being considered for Britain. Papers obtained by The Guardian newspaper show an additional 35 inspectors are needed to be in place within 16 months. But despite offering 15 per cent more money, the government is finding it hard to recruit more because the Treasury refuses to offer a better pay package. 'We understand that the Health and Safety Executive and Nuclear Installations Inspectorate [are] unable to recruit new inspectors and are vulnerable to losing staff through retirement, as around 50 per cent of their inspectors are over 57,' say papers which are understood to have formed the basis of Mr Hutton's presentation to the prime minister. HSE union Prospect warned in July 2007 that the safety watchdog had already lost over 250 jobs since April 2006 and faces a further 100 job losses in the second half of the financial year ( Risks 317 ). Since 2002, HSE has lost over 1,000 posts as a result of government spending cuts said Prospect, adding the organisation now employs fewer than 3,250 staff.

INTERNATIONAL NEWS
Australia: Neglected toll of workplace cancers

There is no mention of cancer caused by occupational exposure in Australia's national cancer prevention plan - it is instead focused on smoking, obesity and melanoma. Yet it is estimated that there are 5,000 invasive cancers and a further 34,000 non-melanoma skin cancers caused by occupational exposures each year, many related to the use of chemicals and pesticides in the workplace. And Australia has been labelled the mesothelioma capital of the world, with rates of the asbestos cancer even higher than in the UK. Labouring under the misapprehension that occupational cancer in a modern economy is rare, or that occupational health and safety regulations protect those exposed, governments have taken a hands-off approach as 1.5 million Australian workers are exposed to cancer-causing agents every year. There is no doubt it is difficult to determine if a cancer is caused by occupational exposure, says Tim Driscoll, a senior lecturer at the University of Sydney. Dr Driscoll, who with Lin Fritschi co-authored a review of cancer by occupation in Australia, is urging a re-evaluation of the issue and an immediate increase in exposure monitoring (Risks 262). 'Up until fairly recently there tended to be a concentration on injury, [because] it is much easier to measure,' Dr Driscoll said. 'There has been an increased recognition in the last 10 to 15 years, because of a long latency of exposure when it comes to diseases like cancer, that if all you do is try to count the number of cancers, all that is doing is reflecting exposures from 10 to 20 years previously.' The chief executive of the Cancer Council of Australia, Ian Olver, says it is difficult to link a particular exposure to cancer, although a working group at the council was now focused on occupation exposure, which would be included in new guidelines for 2009 to 2011. Australia's national union federation ACTU launched a national zero occupational cancer campaign earlier this year.

China: Dozens die in shoe factory fire

A fire erupted at an unlicensed shoe factory in Fujian province, China, on 21 October, killing 37 people in the latest industrial tragedy to hit the world's fourth largest economy, officials and state media said. The blaze at the Feida workshop, near the city of Putian, broke out at 9:50pm on Sunday and was extinguished an hour later, Xinhua News Agency said. None of the 56 workers escaped unhurt; some of the survivors are in a critical condition. Safety and law enforcement officials have launched an investigation to determine what caused the blaze, Xinhua said. Chen Zongfei, the owner of the factory, and his wife Huang Shubin, its manager, had been detained by police, according to Xinhua. Local government sources told the agency that the factory had been operating without a licence. Fujian is home to one of the mainland's densest concentrations of sweatshops, often staffed by migrant workers from around the country who produce relatively simple products for world markets in often poorly regulated conditions. Despite repeated attempts to improve workplace safety, officials have little incentive to crack down on such factories as their operations help local economies grow. In China, 320 people are killed each day in work-related accidents, the government has said, many in industrial, coal mining and traffic accidents. The factory fire was not the only workplace tragedy in China on Sunday - a fireworks plant exploded in Chongqing municipality, killing 16. The blast levelled several houses and left 15 injured and one missing, Xinhua said.

Italy: DHL forced to negotiate after strike

Managers at DHL's air cargo fleet operations in Italy have promised to enter into talks with unions over safety after their hand was forced by strike action. Workers at DHL's Bergamo hub went on strike on 10 October prompted by managers' refusals to discuss safety concerns following an accident that seriously injured a worker; he was crushed by a 2000 kilogramme pallet that fell from a forklift truck. The Italian union Federazione Italiana Lavoratori Trasporti (FILT-CGIL), an affiliate of global union federation ITF, believes the accident was caused because safety measures were not being properly implemented. The union called for a meeting with managers over the issue but they refused to attend. This management approach, claims the union, is just the latest in a series of moves set out to weaken unions within the company. Marco Sala of FILT-CGIL commented: 'The management has been trying to destroy the strength of the unions in DHL in Bergamo, which has been built up over the years. Their policy has been to stop union meetings from taking place and to undermine trade unionism. DHL has also been cutting corners on safety. That's why we decided to go on strike. The strike was a big success and DHL will now meet us to talk about safety and other issues that we are concerned about.'

South Africa: Mining union moves for safety strike

South Africa's main mining union is moving towards a national safety strike. The National Union of Mineworkers (NUM) petitioned South Africa's Commission for Conciliation, Mediation and Arbitration (CCMA) last week to conduct a one-day strike. The strike would call attention to severe safety deficiencies by mining houses operating in South Africa in the wake of the near catastrophe at Harmony Gold's Elandsrand Mine on 3-4 October. Some 3,200 miners were trapped there when a piece of steel pipe dropped 2.2 kilometres down an elevator shaft, severing electrical cables and shattering the framework of the mine's main elevator. Fortunately, all were rescued, but it took the company 38 hours to complete the rescue. However, several miners have died this month in tragedies at gold and platinum mines. The world's biggest producer of platinum, Anglo Platinum (AngloPlats), said on 18 October it shut a shaft at its largest operation the day before after one worker was killed, sending platinum prices to a new record. NUM general secretary Frans Baleni said: 'The NUM formally applied to the CCMA for a certificate to strike on the same day of the AngloPlats Rustenburg tragedy.' In a statement, the NUM said a 'genocide is unfolding, and the NUM is preparing for a strike that seeks to divert attention from the obsession with production targets to the one that deals with realising the sacrosanct human life.'

USA: Beware of 'good news' on work injuries

Did incidents of workplace illness and injury in the US decline last year? On the surface, the data in a report last week from the US Bureau of Labor Statistics (BLS) would seem to suggest this. Secretary of Labor Elaine Chao announced that workplace injury and illness rates for 2006 were the 'lowest ever recorded' and noted it was the fourth consecutive year of a rate decline for private sector employers. But the US national union federation AFL-CIO says the figures are misleading. 'BLS bases its figures on data recorded on the Log of Injuries and Illnesses required by the Occupational Safety and Health Administration (OSHA). And as workplace safety advocates and academics long have pointed out, these figures have a major flaw - they are compiled from one source - employers.' Lee Friedman of the University of Chicago Illinois studied how recent changes in OSHA regulations defining injuries and illnesses affected the reported rates. He commented: 'A recent study we published illustrates that the steep decline in reported occupational injuries and illnesses during the past 10 years in the US workforce is an artifact resulting from changes to the recordkeeping rules and regulations rather than an improvement in workplace safety.' The study mentioned by Dr Friedman was published earlier this year in the Journal of Occupational and Environmental Medicine and concluded that '83 per cent of the decline [in injury/illness rates] can be attributed to the change in the OSHA recordkeeping rules.' Other scientists have also identified problems with the US system of tracking and assessing work-related injury and illness trends. Ken Rosenman of Michigan State University and colleagues matched records reported to BLS with data from workers' compensation, OSHA reports and other sources to assess the number of cases missed. The scientists reported 'the current national surveillance system did not include... up to 68 per cent of the work-related injuries and illnesses that occurred annually in Michigan.' Commenting last week, Celeste Monforton of the Project on Scientific Knowledge and Public Policy (SKAPP) said: 'Celebrating legitimate improvements in working conditions is A-OK with me, but the statistics touted by the Secretary are too questionable for me to put on my party hat.'

EVENTS AND COURSES
Stress and bullying awareness days, 7 November 2007

In what is either a great example of joined up thinking or a stunning failure of consultation, National Stress Awareness Day and National Ban Bullying at Work Day both take place on 7 November. The stress day is an annual event organised by the International Stress management Association. The bullying day is spearheaded by the Andrea Adams Trust.

HSE stress webpage. TUC stress and bullying webpages.

TUC courses for safety reps

COURSES FOR SEPTEMBER TO DECEMBER 2007

USEFUL LINKS

Newsletter (5,200 words) issued 26 Oct 2007

This page http://www.tuc.org.uk/workplace/tuc-13873-f0.cfm
printed 22 May 2012 at 22:03 hrs by 38.107.179.234