PDF version available for download (PDF help)

Risks Newsletter

Hazards magazine advertisement

'Falls from vehicles campaign'

Hazards 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
RMT demands action on rail runaways

Urgent action to stop the succession of runaways on Britain's railways has been demanded by Britain's biggest rail union. The call came after another road-rail vehicle ran out of control for seven miles between Brentwood and Romford in Essex on 4 November. The union says the incident, involving a privately owned and operated road-rail vehicle, would not have been possible had modifications, required under an improvement notice issued by the railways inspectorate last year, been carried out. However, the improvement notice gave Network Rail until the end of 2007 to implement changes and allowed contractors to continue operating unmodified vehicles. RMT said the vehicle involved was due for modification next week. The Romford incident brings to 12 the number of runaways recorded since four rail workers were killed by a runaway trailer at Tebay in Cumbria on 15 February 2004 ( Risks 298 ). 'Every one of these runaways is a potential killer and every one of them is preventable, but the industry has so far failed to protect track workers,' RMT general secretary Bob Crow said. 'There could have been 12 more Tebays since our four members were killed in Cumbria in February 2004, and that is unacceptable.' The union leader said 'the common thread' linking all of these runaways is that not one of the vehicles was owned or operated by Network Rail itself. 'It is only when Network Rail takes proper control of the assets and skills needed for renewals that we can begin to ensure that these vehicles are in working order and operated safely,' he said. 'Network Rail has already made its maintenance safer and more efficient by bringing it back in-house, and they now need to complete the job and bring renewals back in-house too.'



Banish the office bullies says TUC

The TUC is urging employers to protect their staff from victimisation and harassment. To coincide with National Ban Bullying at Work Day, 7 November, the TUC has produced a guide to help union safety reps work with employers to create a new workplace culture where bullying, intimidation and harassment is a thing of the past. The new guide cites research from the University of Manchester which suggests that 1 in 10 workers was bullied in the last six months, one in four has fallen victim in the last five years, and 47 per cent of employees have witnessed bullying at work. TUC says the worst workplaces are those where a culture has developed that condones bullying. TUC general secretary Brendan Barber said: 'People on the receiving end of cutting remarks or verbal outbursts from the workplace bully are the ones paying a heavy price for employers' failure to deal with the problem. The stress and anxiety felt by the victims can make them physically ill, lose all their self-confidence and mean that they dread coming into work.' He added that employers pay a price through sickness absence, low morale and damaged productivity. 'But bullying is not hard to tackle and employers who ignore the problem and fail to protect their staff are breaking the law,' Mr Barber said. 'Every workplace should have a policy which makes clear that intimidating behaviour towards colleagues will not be tolerated and that those who persist in undermining their fellow members of staff will be dealt with severely.' Lisa Fowlie, president of safety professionals' organisation IOSH, said: 'Research indicates that victims of bullying take seven extra days each year off work compared to those who are not bullied, contributing to the loss of 18 million working days nationally. That's a lot of unnecessary suffering for the victims, and a huge waste of resources for business.'

NHS workloads are stressing staff out

Overworked and overloaded health service workers are so stressed six out of 10 say they have considered packing in their jobs in the past year. A survey for health unions of just under 25,000 employees working throughout the NHS found that over half the staff questioned (57 per cent) were working more than their contracted hours and over four-fifths (84 per cent) said that their workload had increased in the last year. Almost two-thirds (65 per cent) of staff working more than their contracted hours were not getting paid for this extra work. Citing the reasons for their extra workload, over three quarters (77 per cent) blamed additional duties and responsibilities, nearly half (47 per cent) said it was down to insufficient sickness, maternity or holiday cover, and another 45 per cent identified vacancy freezes and redundancies as the cause. TUC general secretary Brendan Barber said 'recent recruitment freezes and redundancies are leaving health employees with bigger workloads and unpaid overtime is increasingly becoming the norm.' The survey - undertaken for NHS unions by Incomes Data Services - found that over half (54 per cent) the NHS staff questioned reported that their increased workload had lead to them experiencing increased levels of stress which was having a negative impact on their relationships with family and friends. Four in 10 of the staff (42 per cent) who had more work to do said the extra stress was also damaging their health. Nearly two-thirds (60 per cent) had considered leaving their job in the last year. Violence and harassment at work were also commonplace, with four in 10 (41 per cent) saying they had been the victims of violence or abuse in the past year. Nearly two-thirds (61 per cent) said they had been bullied or harassed by patients or patients' families.

UNISON calls for NHS assaults register

Health service union UNISON wants a national system to record all assaults on NHS staff. The call came in the wake of new figures from the NHS Security Management Services (NHS SMS), showing a small decrease in violence against NHS staff in England. Karen Jennings, head of health for UNISON, said: 'We welcome the small reduction in attacks on NHS staff, but 55,700 assaults is still 55,700 too many. These figures only include physical assaults and those that have been reported. We know that many staff face verbal abuse and aggression and many attacks still go unreported, so the real figure is much higher.' She added: 'If a national system for recording all assaults on NHS staff was implemented, the results, though shocking, would reveal the full extent of the problem. As it is, there are startling variations between Trusts, even among those with similar catchment areas. This complacency needs to be addressed as a matter of urgency.' NHS SMS has introduced a range of measures to try to cut the number of assaults, such as training in conflict resolution, a tougher line on prosecutions and the introduction of local security management specialists in Trusts. UNISON said it is alarmed at the rising levels of assaults on workers across the public sector and is calling for a more robust policy on prosecutions. The union says the work of NHS SMS should be mirrored across all public services, to ensure that all public sector workers receive the same protection. In September, health secretary Alan Johnson announced a £97m cash injection over four years to address violence and intimation in the NHS ( Risks 325 ).

Unions condemn 'Dickensian' health board

A health board in Scotland that discussed issuing sick staff final written warnings has been condemned by unions. Commenting on the strategy document considered by NHS Glasgow and Clyde and prepared by its human resources director Anne McPherson, UNISON regional organiser Matt McLaughlin said: 'Yet again NHS Glasgow and Clyde have managed to infuriate staff and trade unions with their aggressive and narrow minded approach to managing staff and dealing with workplace issues. We would expect a reasonable employer to be proactive about sickness at work and look at issues such as staffing levels, working practices, improved training and support for staff rather than simply adopting a blanket approach which will put hard worked staff under even more pressure.' The union says nurses in Glasgow could for example be sacked if they follow a key health board policy to prevent deadly infection outbreaks. Glasgow Royal Infirmary last week asked visitors to stay away if they show signs of stomach upsets after it closed three wards during a winter vomiting outbreak. But ward staff who follow the same advice risk the sack as a result of the crackdown on sick leave. UNISON's Matt McLaughlin said the approach was 'disgraceful', adding: 'It is clear from these proposals staff who are injured at work or are terminally ill will be given final written warnings and could be sacked. NHS Glasgow and Clyde might claim to be in pursuit of 21 Century health care but they seem hell bent on adopting employment practices which would be easily recognisable to Charles Dickens.' UNISON is calling for an urgent meeting with NHS employers to discuss their approach in a bid to 'bring some humanity and common sense to the issue,' he said. Grahame Smith, STUC general secretary, commented: 'It is ludicrous that employers can even consider dismissing employees even when the illness or condition may have been caused by the employer's failure to protect their staff.' He added: 'This nonsense from NHS Greater Glasgow and Clyde appears to suggest that it is acceptable to discipline those made ill or injured by their work. It is clear that this employer is prepared to jeopardise the livelihoods of their workers including the ones they fail in their duty to protect occupational injury or ill-health.'

Your money or your life

The government is giving a greater priority to enforcing financial regulations than ensuring the safety of UK workers, the union representing Health and Safety Executive (HSE) inspectors has warned. Responding to official HSE fatality statistics released last week ( Risks 330 ), Prospect said it is unacceptable that the organisation responsible for enforcing health and safety law has been facing year-on-year real term cuts and dwindling staff numbers while the Financial Services Authority (FSA) has seen a rise in both funding and staff over the same period. The latest HSE figures showed a sharp increase in the number of people killed at work. Commenting as the figures were released, Prospect HSE branch chair Neil Hope-Collins said: 'The government needs to be clear about its priorities as workers in Britain will only get the protection that society and politicians are prepared to pay for. Do they want to protect your money or your life? Today's figures suggest that it's not your lives.' He warned that if HSE is forced to accept further proposed year-on-year cuts over the next three-year financial settlement the situation will only get worse. HSE's own estimates suggest its total workforce will be no more than 2,600 full-time equivalents by 2011. 'Reducing resources to the HSE is a false economy and has impacted on today's fatal accident figures. It will continue to have an impact in the future unless these cuts are reversed,' said Hope-Collins. 'We believe that HSE has gone beyond the critical mass at which it is capable of performing the functions that the public and politicians expect of it.' HSE employed 4,162 full time equivalents in April 2003, but this had dropped to 3,548 by April 2007. It plans to reduce staffing to around 3,100 by April 2008. HSE has 300,000 duty holders and a budget for 2006/07 of £295m compared to FSA's 29,000 duty holders and a budget of £276m.

Union delivers knock out service

A worker knocked out by a flying crate has been awarded £9,500 compensation. Unite member Roger Loughran, 37, was employed as a sweeper/driver by Onyx. He was loading bread crates, which were left on a pavement, on to an open caged lorry when he was hit in the face by a crate thrown by his work colleague. He was knocked unconscious and fell to the ground and was immediately taken to University College Hospital for treatment. Mr Loughran said: 'My colleague took me to hospital, despite being told by my employers not to do so. My teeth had been pushed back into my throat. The accident happened just before Christmas and I had to eat through a straw for a month and to wear a brace for some weeks. I was worried sick as I was advised that I would lose all of my teeth and have to wear false teeth.' After a considerable amount of dental treatment, all but two teeth were saved. Representing Mr Loughran, Deborah Smith from Pattinson & Brewer Solicitors, said: 'It is a pity that the defendant chose to dispute this case and settle the claim a matter of weeks before a trial was due to be heard. The company throughout maintained that Mr Loughran was partly to blame for this accident and that argument is very difficult to understand.'

Rigger gets broken wrist payout

A ship's rigger from Plymouth has been awarded £12,000 damages after breaking his wrist helping HMS Somerset to dock. The Ministry of Defence (MoD) and Devonport Royal Dockyard Ltd agreed the payment to Unite member Kevin Renyard, 44. Mr Renyard, who has 21 years experience as a rigger, explained: 'On the day of the accident I was relaying instructions by radio to the sailors on board to prevent the ship from moving too close to the dockside wall. As the ship moved, the rope suddenly fused and melted and whizzed through the hands of the sailors holding onto it. The rope flew towards me and whacked me on my right wrist, on my watch. I was taken by ambulance to Derriford Hospital and was told that my wrist was fractured. I had to have an operation to put a steel plate in my wrist and six screws.' Representing Mr Renyard for Unite, Laura Murray, from Thompsons Solicitors, said: 'Mr Renyard's injuries could have been avoided if the correct quality rope materials had been used. The appropriate materials were readily available on the day of Mr Renyard's accident. If a proper assessment of the risks had been carried out, this accident could have been avoided.' Andy Frampton, Unite regional secretary, said: 'Mr Renyard has suffered a serious injury which has impacted on his working life and his social life.'

Settlement For severed finger

A Kent warehouse worker has received over £4,000 compensation after losing the tip of his finger in an incident at work. Unite member Keith Deehy was working for MBL Thamesmead when as he attempted to close the roller shutter door of a vehicle it moved forward, trapping his fingers and slicing off the top of his left middle finger. Mr Deehy said: 'My employers had found my finger, which was still on the handle to the door and they placed it in a bag. Unfortunately the hospital told me that my finger could not be sewn back on and instead they had to reshape and rebuild my finger. I was due to go on holiday a few days after this accident and this accident simply ruined my holiday.' Representing Mr Deehy, Marcus Weatherby of Pattinson & Brewer Solicitors said: 'This accident occurred due to a failure to maintain the roller door. Employers need to take responsibility for the health & safety of their staff and ensure that such accidents are avoided.'

Injured bus driver walks away with ten grand

A bus driver from Walthamstow has secured £10,000 compensation following injuries sustained in a road traffic accident. Unite member Cenk Suleyman Ahmet was driving his double decker bus when a driver approaching from the opposite direction, lost control of his car and smashed into the bus. Arriva employee Mr Ahmet said: 'The car smashed into my bus. I was thrown around in my seat. Some of my passengers were thrown to the floor. An ambulance was called and I was taken to hospital. I suffered from pain in my neck and as time went on, the pain increased. I also suffered from numbness and tingling in my right hand. I was unable to work for three months after this accident.' Representing Mr Ahmet, Caroline Phelan from Pattinson & Brewer Solicitors said: 'Mr Ahmet suffered very serious injuries in this accident as a result of a negligent driver.' She added: 'The claim was strenuously defended and settled one day before trial. I am pleased that Mr Ahmet has now been awarded the compensation to which he was clearly entitled.'

FBU warning over firefighter training

Inadequate training in basic firefighting skills has resulted in a sharp increase in fatalities, firefighters' union FBU has said. The warning came in the wake of the Atherstone warehouse fire that last week claimed the lives of four firefighters. This brings to seven the number of firefighters who have perished in the space of 11 months. Ten firefighters died between 1997 and 2006, six of them in the last three years of that period. 'There's been a decrease in the hours spent in practical training,' said John McGhee, the FBU's national health and safety officer. 'And in our view that's a contributory factor in firefighters' death. There needs to be greater balance between [fire] prevention and intervention.' Another FBU spokesperson added: 'We'd like to see more focus on constant repetitive practical training. Less time is being made available for training. People are being distracted in other areas.' The four firefighters that died in the warehouse fire at Atherstone-on-Stour on Friday 2 November were named as Ian Reid, 44, John Averis, aged 27, Ashley Stephens, aged 21 and Darren Yates-Badley, aged 24. FBU general secretary Matt Wrack said: 'We are devastated by the loss of our four colleagues who died in the line of duty in Warwickshire. Our thoughts are with the families, friends and colleagues who have been stunned by these events. This is the worst loss the fire service has faced in decades. Our service is traumatised by what has happened.' He added: 'Local and national FBU officials are already looking at all health and safety issues relating to this incident. They will be co-operating fully with the Health and Safety Executive and local brigade managers.' A memorial fund has been set up.

OTHER NEWS
Outrage at 'paltry' bakery death fines

Campaigners have denounced 'paltry' fines totalling £33,500 imposed on two companies after the death of an agency worker. Father-of-four Graham Meldrum, 40, died after being hit by a faulty tail-lift on his truck at the former Allied Bakery plant in Maryhill, Glasgow. At Glasgow Sheriff Court ABF Grain Products Ltd, formerly Allied, admitted three health and safety breaches. TNT Logistics, which supplied Mr Meldrum as a driver through an agency, admitted a single breach. ABF Grain Products Ltd was fined £19,500 and TNT Logistics fined £14,000 after the court heard that Mr Meldrum died due to a lack of adequate training and a failure to maintain vehicles. The court heard how the chemistry graduate, described as 'popular and bright' by colleagues, died on 12 July 2005. Sheriff Norman Ritchie QC said no sum could compensate for the loss of life, but added that he had been 'restricted' by parliament to the level of fine he could impose. Mr Meldrum's wife Karen Thomson stormed out of the courtroom as the fines were announced, branding the firms 'murderers.' The court heard how ABF staff had raised concerns about trailers and associated devices as early as 1997. Another driver later reported a problem with a lorry - the same one that Mr Meldrum drove 24 hours later on the day of his death. Issma Sultan, prosecuting, said the death had been caused by the faulty platform 'violently striking' the dad. The court heard that Mr Meldrum had received only 90 minutes training from TNT - but in a truck that had different mechanisms from the one he drove on the day of his death. Commenting on the fines, STUC general secretary Grahame Smith said: 'It is appalling that the two companies have been able to walk away from court having been fined such a paltry amount given the tragic consequences of their failures. Meanwhile, his surviving partner Karen left court feeling cheated by a justice system that continues to differentiate between involuntary acts of homicide in society and those that take place in the workplace.' Dorothy Wright, a spokesperson for FACK - Families Against Corporate Killers - who attended the trial said: 'It is utterly unacceptable that the two companies responsible for Graham's death have escaped with such paltry fines since it was their failures which directly resulted in his death. Graham's partner Karen has been utterly betrayed by the justice system which treats involuntary homicide by employers in the workplace as a minor misdemeanour compared with involuntary homicide in the rest of society.'

Widow 'disgusted' by inquest verdict

The widow of a worker killed by a falling platform at Wembley Stadium has said she is 'disgusted' by a verdict of accidental death at his inquest. Carpenter Patrick O'Sullivan, 54, died after a platform landed on him from more than 300ft while he was working on the construction of the new Wembley Stadium in January 2004. North London coroner Dr William Dolman recorded the verdict of accidental death after it took the jury less than an hour to reach their unanimous decision. Giving her reaction to last week's ruling at Hornsey Coroner's Court, Mary O'Sullivan, 58, Mr O'Sullivan's widow, said: 'We've waited almost four years for this and I am disgusted with the verdict.' During the hearing, the jury heard how the platform fell from a tower at the Wembley site after a crane carrying a concrete skip snagged on it. The impact brought the platform crashing to the ground, crushing Mr O'Sullivan. He suffered multiple injuries and died at the scene, the inquest heard. A memorial to Mr O'Sullivan, who died in January 2004, was unveiled at the 90,000-seater stadium last month. The Health and Safety Executive is conducting an investigation into Mr O'Sullivan's death .

Another tragedy at deadly Corus plant

A 46-year-old contract worker has died in an incident at Corus's Port Talbot works. Robert Gillard was operating a tipper truck when the vehicle overturned. He was employed by international contractor Multiserv. The death came just four days before the sixth anniversary of the explosion at the plant which killed three workers and left a dozen others seriously injured. Police and experts from the Health and Safety Executive are investigating. It has emerged the latest victim was the driver-operator of a tipper truck that was dumping up to 25 tonnes of coke into a vessel when the incident happened late on Sunday 4 November. Corus spokesperson Robert Dangerfield said: 'At the moment the whole situation is still being assessed. Multiserv is a wholly professional international company, highly trained and health and safety aware.' Workplace safety campaigners have criticised Corus's safety record, which in recent years has included a sequence of fatalities on its work sites, with at least 10 deaths recorded in the last seven years ( Risks 289 ). The explosion at the Neath plant on 8 November 2001 destroyed blast furnace number five, lifting it off its base and blasting out 200 tonnes of steel slag and hot gases. Len Radford, 53, Andrew Hutin, 20, and Stephen Galsworthy, 25, all died. In December 2006 a High Court judge ordered the firm to pay more than £3m in fines and costs for related breaches of health and safety laws ( Risks 288 ).

'Scandalous' abuse rise in Scottish schools

Incidents of violence and verbal abuse against teachers in Scotland are at record levels after rising by more than 4 per cent since last year, new figures show. Teaching unions described the rise as 'scandalous'. Statistics from local authorities made public under Freedom of Information legislation show there were 7,306 physical or verbal attacks on school staff in 2006/07 compared to 7,003 in 2005/06. Of these, 4,608 involved physical violence, a rise of 2.2 per cent. Teaching unions and politicians condemned the figures and called for violent pupils to be permanently excluded from the classroom. Figures published last year show that although there were more than 5,000 assaults on pupils and teachers in Scotland in 2005, only 2 per cent ended in permanent expulsion. A spokesperson for the teaching union EIS spokesman said: 'Any rise in the number of attacks on teachers, no matter how small, is a matter of serious concern and all attacks on teachers are unacceptable.' Chris Keates, general secretary of NASUWT, said: 'These figures are very disappointing and show that more still needs to be done if the worrying trend of increasing abuse is to be reversed. It is scandalous that teachers are verbally and physically abused at work and schools need to ensure that they are operating a zero tolerance policy with regard to such behaviour.' She added: 'Repeated verbal abuse is corrosive and when sustained over a long period can have as devastating an impact on the health of a teacher as a violent attack.'

Vicious mail van jacker jailed

A man who carried out a string of vicious assaults and 'van jackings' on Royal Mail delivery vans along the east Kent coast has been jailed. Paul Andrew Walker was sentenced to five years for two of the three offences with the third to lie on file. The three attacks occurred between May and December 2006 in Whitstable, Ramsgate and Herne Bay, all on a Friday morning at similar times and in the same postcode area ( Risks 289 ). In each robbery two violent robbers, led by Walker, assaulted the drivers and then stole the vans that were robbed and abandoned. CWU national safety officer Dave Joyce said the union had ensured the attacks had been kept in the public spotlight and 'high on the Kent Police's agenda.' He added: 'I think postal workers in east Kent will be satisfied with the outcome. It's the court's duty to protect postal workers out on the street from people like Walker and sentences must try to deter others from similar violent offences against our members.' He said a new national assaults policy agreed with Royal mail has 'ensured the full involvement of our CWU area safety reps and area delivery reps,' adding 'our union can't be complacent, as assaults on our people have sadly become too commonplace.'

Company fined £20,000 for asbestos breach


Bedford magistrates have fined a company £20,000 for exposing workers to asbestos. The prosecution comes as new figures show record numbers are dying of asbestos cancers. Galamast Ltd, based in Bromley, Kent, was convicted of two breaches of the Health and Safety at Work etc Act. The company was carrying out a 'strip-out' of the old Littlewood's store in Bedford's Harpur Centre in March 2006 when verbal instructions were misunderstood, leading to its employees, sub-contractors and health and safety inspectors being exposed to asbestos. Galamast Ltd was fined £10,000 for each breach and ordered to pay £16,140 in costs. The work was being carried out on behalf of Primark, which took over several Littlewood's stores during 2005/6. The prosecution was brought by the Health and Safety Executive. Britain's asbestos disease crisis continues to claim a record number of lives. Latest figures show 2,037 people died of the asbestos cancer mesothelioma in 2005, an all-time high, with other asbestos cancers contributing considerably more ( Risks 330 ). Unite member Doug Conroy, 70, is one of the latest casualties. He has just been awarded £130,000 in compensation for mesothelioma, the result of exposures to asbestos while working as an electrician. He said: 'Most people who get this illness do not live to see the compensation. It can take a long time for it to come through. I am just pleased that now I can provide for my family after I am gone and while I am still here I can enjoy a little bit of comfort.' Andy Richards, Unite regional secretary, added: 'We will continue to fight to ensure asbestos victims, like Mr Conroy, retain their right to claim full compensation for the injuries they have suffered through merely carrying out a hard day's work. It is only right that these victims are compensated by their employers' insurers for the hardship caused by unwittingly being exposed to asbestos.'

INTERNATIONAL NEWS
Global: IUF calls for action on lung destroyer

A global union body is demanding urgent control measures on the food flavouring diacetyl, a widely used chemical that can destroy workers' lungs. IUF, the international federation for foodworkers' unions, says the ingredient in artificial butter flavours has been shown to cause disabling and sometimes fatal illnesses in exposed workers. Evidence has linked diacetyl to the crippling lung disease bronchiolitis obliterans, now widely known in the US as 'popcorn workers' lung,' where hundreds of cases and a number of deaths have been reported. The chemical is widely used in frozen and snack foods, confectionery, baked goods, dairy products, commercial baking mixes and other processed foods. Diacetyl is rarely identified as a specific ingredient in food products, lurking with other chemicals under the generic 'artificial flavour' badge. In the European Union, IUF says it has uncovered 'an alarming pattern of complacency and denial of responsibility in the face of this dangerous threat to worker health.' It adds: 'Regulatory, safety and trade bodies approached by the IUF have acknowledged extensive use of diacetyl in food processing but would not provide details on where or how the chemical is used, the size of the exposed population or any details of health surveillance or research into diacetyl exposure as an issue in EU workplaces.' It says health and regulatory authorities in the EU appear unaffected by the accumulating evidence of diacetyl's chronic health effects. The European Commission says it has no exposures standard and currently has no plans to review the product's safety, stating only that is not on the priority list of substances for review. According to IUF: 'No worker should be expected to work with a substance linked to a debilitating and potentially fatal occupational disease... In view of this threat to workers' health and lives, the IUF is therefore calling on its member unions, on the wider labour movement, and on health care and medical organisations concerned with worker health and safety to immediately demand action by national and supranational health and safety regulatory agencies.' In September, researchers reported that cases of bronchiolitis obliterans in Dutch factory workers had been misdiagnosed and had not been recognised as a work-related condition. Similar mistakes occurred with the US outbreak.

Nicaragua/USA: US payout awarded over pesticide

A US jury has awarded a total of $3.3m (£1.58m) to six workers who claim they were left sterile by a pesticide used at a banana plantation in Nicaragua ( Risks 208 ). The workers accused Dole and Standard Fruit Co and Dow Chemical Co of concealing the dangers posed by the pesticide, used in the 1970s. It contained the chemical Nemagon (DBCP), used to kill tiny worms on the roots of banana plants. The plaintiffs were among 12 workers suing Dole and Dow Chemical Co. Jurors in the Los Angeles County Superior Court found that the two companies were a substantial factor in causing harm to the six. The other plaintiffs were awarded nothing after the jury ruled that the companies had not substantially harmed them. The individual awards ranged from $311,200 to $834,000. The jury decided that Dole - a California-based company - would be responsible for the bulk of the payments. The suit also alleged that the manufacturers of the pesticide, Dow Chemical Co and Amvac Chemical Corp, 'actively suppressed information about DBCP's reproductive toxicity.' Amvac reached a $300,000 settlement in the case before the trial. Duane Miller, the workers' lawyer, accused Dole of applying the pesticide in amounts, which far exceeded guidelines. The case is the first of five lawsuits involving at least 5,000 agricultural workers from Nicaragua, Costa Rica, Guatemala, Honduras and Panama, who claim they were left sterile after being exposed to the pesticide. Other growers and manufacturers are named as defendants. Dole said it plans to appeal the awards.

South Africa: Mines safety strike moves closer

A general safety strike across South Africa's mining industry is still on the cards this month, according to the National Union of Mineworkers (NUM). The 300,000-member union has rejected a mediated offer put forward by the Chamber of Mines to conduct only shift strikes and says it intends to proceed with a one day all out strike. NUM had applied to South Africa's Commission for Conciliation, Mediation and Arbitration (CCMA) for the right to strike ( Risks 329 ). The union is awaiting a certificate granting them 48-hour strike notice. It says the strike is to call attention to serious safety deficiencies brought on by high production. NUM is now conducting mass meetings of miners and says it will ratchet up these efforts ahead of the general strike. A statement issued after a meeting of the union's national executive last week said: 'Our members would like to go on strike to protest safety today but the legal system is a disappointment to them since it stipulates processes.' The union said: 'A showdown looms over safety,' adding NUM was 'determined to have a solution to the escalating fatalities' in the mining sector.

Sweden: Warning on 'large risks with tiny particles'

Firms developing nanotechnologies must take a precautionary approach to the sector to prevent environment and health risks, the Swedish chemicals inspectorate said in a report released on 31 October. 'Companies should apply special precautions in the development and use of nanomaterials,' Kemi said, because of the 'rapid development in this area and the great lack of knowledge about risks.' Though the sector is covered by legislation, Kemi said in many cases nanomaterials used in finished products will fall through the chemical safety assessment net being introduced in the EU's new Reach chemical policy. Governments will need to 'complement the EU regulatory framework for nanomaterials,' including on the way companies must test for health and environmental effects, it said. Kemi proposes to hold a conference during Sweden's EU presidency in 2009 on how nanotechnology should be dealt with by legislation. Ethel Forsberg, director-general of Kemi, said: 'The combination of the rapid development in the area of nanotechnology and the lack of knowledge concerning the risks to humans and the environment is worrying. A strategy for nanotechnology, which includes research on health and environmental risks, needs to be devised without delay.'

EVENTS AND COURSES
TUC courses for safety reps

COURSES FOR SEPTEMBER TO DECEMBER 2007

USEFUL LINKS

Newsletter (6,100 words) issued 9 Nov 2007

This page http://www.tuc.org.uk/workplace/tuc-13942-f0.cfm
printed 22 May 2012 at 22:06 hrs by 38.107.179.232