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Risks Newsletter

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HSE campaign 'slips, trips and falls at work'

Hazards warning signEditor: 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
Campaign wins manslaughter admission

The owner of a roofing company has admitted manslaughter following the death of a 17-year-old employee who fell through a store skylight. On the eve of a trial at Cardiff Crown Court, Roy Clark admitted the charge relating to the death of Daniel Dennis in April 2003 (Risks 328). The prosecution was only brought after a successful Judicial Review, backed by the union GMB, against the Crown Prosecution Service's (CPS) original decision not to bring manslaughter charges (Risks 289). The review overturned an original decision by the CPS in 2006 not to proceed because it considered there was no realistic prospect of a conviction. Daniel had been in his first proper job for a week when he fell while working for North Eastern Roofing. A High Court judge in December 2006 said a solicitor acting for the CPS did not take into account the 'seriousness of a failure to give proper instruction not to go on the roof prior to induction or proper instruction.' An inquest jury in Newport had returned an unlawful killing verdict. Clark, 50, was bailed this week. The case was not opened, but adjourned for sentence on 28 April - Workers' Memorial Day. Judge Mr Justice Griffith Williams warned Clark that he could expect a jail term. Allan Garley, regional secretary for the GMB, which has backed Daniel's family throughout the lengthy legal ordeal, said: 'I'm pleased for Daniel's family because they have been through a very, very difficult five-year period. They believe they have achieved justice for Daniel.' Daniel's father, Peter Dennis, commented: 'A prison sentence is immaterial - he has pleaded guilty and that's all we wanted. We have to serve a life sentence ourselves - me and my family will always be grieving.'

TUC looks for manslaughter action

The TUC has said the new Corporate Manslaughter and Corporate Homicide Act is a step in the right direction, but would have been more effective if it had provisions to see dangerous directors in the dock. The Department of Justice said under the new law 'companies, organisations and, for the first time, government bodies face a criminal offence and larger fines if they are found to have caused death due to their gross corporate health and safety failures.' The department's news release added: 'The Corporate Manslaughter Act is a landmark in law and the culmination of ten years of campaigning by unions and other groups.' TUC general secretary Brendan Barber said the new law, which came into force on 6 April, was an overdue measure. 'Too often in the past senior executives have taken an overly casual approach towards the safety of their employees. The catalogue of avoidable workplace deaths in recent years has highlighted in stark terms the need for a new law and for a change of attitude from those at the top of British companies.' He added: 'Although unions would have preferred to see the new law make individual company directors personally liable for safety breaches at work and for it to have introduced tougher penalties against employers found guilty of workplace safety crimes, we hope the Corporate Manslaughter Act will see the start of a change in the safety culture at the top of the UK's companies and organisations. The new law would be tougher if it were accompanied by a new legal health and safety duty on directors and a requirement on companies to report annually on their workplace safety culture.' Announcing the new law, justice minister Maria Eagle said: 'We are sending out a very powerful deterrent message to those organisations which do not take their health and safety responsibilities seriously.'

Unions seek stronger work death measures

Unions have said additional measures are necessary to make negligent employers fully accountable for workplace deaths. Commenting on the new Corporate Manslaughter and Corporate Homicide Act, Tony Woodley, joint general secretary of Unite, said: 'The new act has been so long in coming that it is difficult not to welcome its arrival but unfortunately the new legislation does not go far enough. Although it does create a new homicide offence that should make it easier to prosecute companies, individual directors or senior managers will still not be held responsible for health and safety failures that result in the death of either their employees or members of the public.' He added: 'We believe that individuals found guilty of gross breaches that result in people's unlawful death need to face stiffer personal penalties including imprisonment, larger fines and disqualification.' UNISON health and safety officer, Robert Baughn said 'the Act needs to step up a gear and go further to protect workers. Individuals must be held responsible, so they can face a prison sentence if they are convicted of corporate manslaughter. We would also like to see wider sanctions such as corporate probation and the disqualification of directors to make this legislation more effective.' GMB national safety officer John McClean said: 'Employers who kill their employees can rely on GMB to put the new Act to the test,' but added 'until there is a real threat of individual director prosecution unfortunately GMB cannot see the industrial death rate falling.' Alan Ritchie, general secretary of the construction union UCATT echoed this sentiment. 'The new Act will not save the life of a single construction worker. Only by creating the possibility that directors will go to jail, will there be a change of culture in the construction industry. Too many bosses play fast and loose with workers' lives because they know that the worst that will happen to them is that they will be fined.'

STUC challenge on Scottish work deaths

The Scottish Trades Union Congress (STUC) is urging Scotland's government to act quickly to remedy deficiencies the new Corporate Manslaughter and Corporate Homicide Act. STUC general secretary Grahame Smith said: 'While this legislation is being peddled as the machinery to deliver that justice for bereaved families, it is clear that the governments in both Westminster and in Holyrood have let down the families of workers killed by their employers.' He added: 'This legislation will not allow for prosecution of individuals, but only of the company. Even then, only if the failures of a senior manager can be identified.' He said STUC and victims' families believed this was a 'fudge' that would undermine the new law. He challenged the country's government, which has devolved responsibility for justice issues, to take action to improve on the Act's provisions. 'The Scottish government has stated that they want to see how this settles in before considering legislation to amend the current common law of culpable homicide. The trade union members of Scotland and their families must ask cabinet secretary for justice, Kenny MacAskill, a question today. 'Is waiting for a negligent employer to cause a workplace fatality the Scottish government's vision of delivering justice to victim's families?'' A total of 31 workers were killed in Scotland in 2006/07, according to the Health and Safety Executive.

Assaults register call after stabbing tragedy

Public sector union UNISON is demanding a national system to register attacks on local government workers. The call comes after the tragic death of a council worker in Lancashire. Social care worker Philip Ellison, 47, was stabbed and later died in an attack in Preston on 7 April. UNISON head of local government, Heather Wakefield, said: 'This is a tragic incident and our sympathy goes out to the victim's family and friends. It only goes to show the dangers that frontline public sector workers face. Thankfully such cases are extremely rare, but other forms of attack are not.' She added: 'Time and again we have called on employers to provide proper risk assessments for their staff. Our members have a right to be made as safe as possible at work. We are urging the employers to keep a central register of all attacks so that we can assess the extent of the problem and deal with it appropriately. The government has pledged resources to protect NHS staff, and we would like to see the same protection for local government workers' (Risks 331). Mr Ellison, a Lancashire County Council worker and a father-of-three, was 'much loved', his family said in a statement. The statement added: 'He was very committed to working in a job he had done for eight years and was known and loved in a variety of different communities and he will be missed by all.' A 51-year-old man has been arrested by police on suspicion of Mr Ellison's murder and is being held under the Mental Health Act.

Colleges warned after acid explosion injury

Lecturers' union UCU has urged colleges to learn urgent safety lessons after the prosecution of City of Bristol College. The legal action came after a UCU member was injured in an acid explosion. At a hearing last week at Bristol Magistrates Court, the college was fined £14,000 and required to pay £18,000 costs, after admitting it was guilty of failing to adequately protect, train and supervise its staff and that it had failed to store and manage safely a hazardous substance. The magistrate said that there had been a 'very serious breach of health and safety duties.' Gary Baird, a lecturer in welding, was preparing materials used in weld tests, when a litre jar of concentrated nitric acid became unstable and exploded. He suffered acid burns which required two separate skin grafts and a second operation to his right hand. It is likely his face will be permanently scarred. He has also suffered nightmares and flashbacks. The criminal prosecution was brought by the Health and Safety Executive (HSE). During the course of its investigations, HSE served a prohibition notice and two improvement notices on the college, requiring it to review its systems relating to hazardous substances in the workplace. Roger Kline, head of employment rights at UCU, commented: 'Gary Baird was badly injured because of the sloppy management and lack of proper concern by his employers.' He added: 'If this can happen in one college it may happen in others putting staff and students at risk, unless colleges and universities thoroughly examine their procedures and safeguards and take action.' UCU is providing legal support in Mr Baird's compensation claim.

MoD ignored work injury warnings

A Ministry of Defence (MoD) stores assistant who suffered a serious back injury due to continuous heavy lifting and whose employer then failed to shift her to lighter work has received £60,000 in compensation. GMB member Karen Coulthard, 45, from Carlisle, injured her back at work in May 2002, requiring several weeks off sick. On returning to work, Ms Coulthard's GP provided a letter to her employer advising she should be placed on light duties as heavy lifting would aggravate her back injury. This advice was supported by the MoD's own occupational health physician. Nevertheless, Ms Coulthard was returned to heavy lifting duties by her employer. She continued to do the same job and was eventually put on light duties in October 2004. In January 2006, Ms Coulthard was again put back on heavy lifting duties and, again, another letter from her GP advised against this type of work. In May 2006, Ms Coulthard fell sick and she never returned. She was medically retired in 2007. Helen Marshall, GMB Northern senior organiser, said: 'It doesn't matter if you're injured in work or outside of it, if your employer is aware that you have a medical condition they need to take responsibility to ensure that you are not in any danger of making things worse. In this case Ms Coulthard did everything she could to alert her employer, but clearly her cries for help were falling on deaf ears.' Linda Redhead of Thompsons Solicitors, who acted for Ms Coulthard, said: 'Ms Coulthard's employer produced no evidence of any safe system of manual handling operations. She spent each day lifting very heavy boxes - often between 480-600, containing items such as spent munitions and other pieces of heavy metal. It was clearly an unsafe system of work, made worse by the fact that the MoD appeared to ignore the medical advice of her GP on more than one occasion.'

New rail ballots on control room safety

Safety critical operators in electrical control rooms (ECR) in Cathcart and Romford are being balloted for strike action in an escalation of a dispute over plans to slash staffing levels in the electrical control rooms (Risks 349). Rail union RMT says operators in the York ECR have already taken part in five days of strikes after voting unanimously for action over the company's insistence on pressing ahead with cuts despite serious unresolved safety issues. 'This dispute is about safety pure and simple, and our members are not prepared to see safety standards sacrificed simply for the sake of Network Rail's balance sheet,' RMT general secretary Bob Crow said. 'During the strike at York last month our members working on overhead lines had to invoke the company's own safety procedures to avoid being placed in danger thanks to Network Rail's cavalier use of managers with just a few days' training.' His letter requesting the dangerous practice be discontinued had still not received a response from Network Rail three weeks later. 'Network Rail knows as well as our members that it takes years to train electrical control room operators, and that putting managers with a six-day refresher into an ECR is putting everyone at risk,' Mr Crow said. 'We want to resolve the issues at the heart of this dispute around the table, but Network Rail's reckless actions are in danger of escalating it.' RMT says it believes the proposals are budget-led, badly thought out and could leave members dangerously exposed in the event of an incident.

Tube strike averted after safety guarantees

A three-day strike on London's Tube system was averted last week after unions won a string of safety and staffing guarantees. Rail unions RMT and TSSA say London Underground (LUL) has now abandoned what they saw as a fundamental attack on Tube safety standards and the casualisation of safety critical work (Risks 348). The unions say the company has dropped its plan to use agency staff and 'mobile station supervisors', has frozen plans to close or reduce opening times of ticket offices and has accepted that all safety critical duties at Heathrow T5 will be undertaken by LUL staff. The unions say the company has also pledged to ensure that all station staff are directly employed and fully trained to LUL safety standards. 'We were told that agency and security staff and the crazy concept of mobile station supervisors were models for the future, but we now have a guarantee that there will be proper supervision and that the current use of agency and security staff during traffic hours will be brought to an end,' RMT general secretary Bob Crow said. 'Our members have blocked changes that would have undermined the Tube's excellent safety standards.' TSSA general secretary Gerry Doherty said: 'This is a victory for common sense and the travelling public. The paramount importance of Tube safety for both staff and passengers has been recognised in this deal and our members will no longer face the threat of a two-tier workforce.'

OTHER NEWS
Lung cancer survivor gets payout

A man who developed lung cancer after being exposed to asbestos in the workplace has been compensated by his former employers. Widower, Joseph Douglas, 66, from Ellesmere Port has received £65,000 in damages after he was diagnosed with lung cancer in 2004. He was exposed to asbestos while working for HH Robertson in Ellesmere Port. The company made asbestos roofing sheets and the paint to go on them. Joseph's job involved mixing asbestos fibres into the paint. He was never warned about the dangers of asbestos and was not provided with respiratory protection. He was diagnosed with cancer in 2004 and had two operations to remove malignant tumours from both his lungs. Joseph, who was also a smoker, was told by a cancer specialist that his exposure to asbestos had more than doubled his risk of lung cancer. Although the operations to remove both tumours were successful Joseph has been told the cancer may return. He is also at a high risk of developing secondary tumours. He said: 'When we were working with asbestos we were told it wasn't dangerous because it wasn't blue asbestos. I was making a living so I didn't question it.' He added: 'The compensation means a lot to me. It will make life more bearable as I have now got money to help me with the everyday tasks. I can't even change the bed covers on my own anymore.' Sharp work by his legal representative, Joanne Candlish from Thompsons Solicitors, who met him when he was providing evidence for an asbestos claim made by a former colleague, led to the claim. Ms Candlish said: 'When I first met him I asked about the cause of his breathlessness. Given his history of asbestos exposure I was surprised to find out that this had not been investigated as a cause of his lung cancer. When we obtained medical evidence it confirmed that asbestos had contributed to causing his cancer.' Few occupational lung cancer compensation cases are settled each year, particularly in smokers, who are rarely asked if occupational factors may also have contributed to the risk. The UK has a very low survival rate for lung cancer.

Experts highlight spreading cancer risks

A global epidemic of preventable industrial cancers is killing hundreds of thousands each year because governments and employers are failing to take simple and effective preventive action. Top cancer prevention experts and trade union officers and workplace reps from around the world, meeting in Scotland later this month to prepare an occupational and environmental cancer prevention strategy, will reveal the full extent of the problem and will call for the use of safer substances and processes and a phase out of the worst cancer-causing culprits. The event, hosted by the University of Stirling and supported by UK unions, Hazards magazine and the Hazards Campaign will reveal in industrialised nationals including the UK, far more people die each year from occupational and environmental cancers than from all road fatalities and murders combined. Andrew Watterson, who leads the Occupational and Environmental Health Research Group at the University of Stirling and is co-organiser of the conference, said: 'Today, there are more people in more countries exposed to more cancer causing industrial substances than in any time in history. We use hundreds of cancer-causing substances in, quite literally, industrial quantities when there are healthier and frequently better alternatives. If we change work practices we can remedy the sick workplace rather than indulge in a hit-and-miss attempt at a cure.' He added: 'There is a silver bullet cure to occupational cancers, but it is not a drug or surgery. Industrialised countries including the UK are failing to make the link between workplace pollutants and cancer, failing to give preventive advice and failing to provide support for the affected individuals.' Researchers in the UK and in New Zealand have estimated the price to society of each occupational cancer at between £1m and £2.5m. Preventive measures like substitution of harmful chemicals with safer alternatives could introduce healthier work methods, often at minimal cost.

NHS workers sidelined and under attack

Health service union UNISON has called for action to better involve NHS staff in the running of the service and to address the stubbornly high rates of attacks and other injuries to staff. The comments follow publication of the latest Healthcare Commission annual survey of NHS staff in England. Karen Jennings, UNISON head of health, said: 'The survey shows that there is a breakdown in the relationship between NHS staff and senior managers with 23 per cent reporting a lack of involvement in decision-making. Around three quarters of staff said that they were not valued by their trusts and this was the most common reason given for wanting to leave their jobs.' UNISON said the survey found no real reduction in the 'disturbing levels of violence,' prompting the union to call for urgent action to stem attacks on NHS workers. In 2007, 13 per cent of staff said they had experienced physical violence. Karen Jennings said: 'Once again, the number of staff reporting physical violence and harassment remains depressingly high. The frankly shocking figures show that there has been no real decrease in those who have personally experienced being attacked by patients or their relatives.' The survey also found tens of thousands suffer needlestick injuries every year. UNISON is urging hospitals to introduce safer needles. Karen Jennings said: 'The number of needlestick injuries remains a blight on the NHS and should not be allowed to continue, when safer needles are readily available. There are around 36,000 injuries a year and each one represents months, possibly years of pain, distress and illness. An injury can have devastating consequences leading to costly and stressful tests for life-threatening diseases such as hepatitis, HIV and AIDS.'

Firm falls short on work at heights

A Leicester firm has been fined after an employee suffered severe back injuries in a fall from a stepladder. Air Plant Dust Extraction Ltd was fined £5,000 with £5,147 costs at Norwich Magistrates' Court this week after pleading guilty to a breach of safety law. In October 2006, Mark Lowen was fitting a new extraction system at a joinery company in Attlebridge, Norfolk. He was working approximately six-foot up a stepladder outside the customer's workshop, when he fell. The stepladder was stood on an uneven surface and Mark was handling a long length of ducting, which may have affected his balance. He suffered severe damage to his back causing him to be off work for around four months. When he returned to work he was forced to change his job role, which affected his pay. The Health and Safety Executive (HSE) investigation revealed that a proper risk assessment had not been carried out for the work and Mark had not been trained in working at height safely. HSE inspector Joanne Williams said deaths due to a slip, trip or fall in the workplace were running at one a week. 'But what these figures don't reflect is the extent to which a slip, trip or fall can affect individual workers and their families,' she said. 'It can lead to major injuries, and a lifetime of disability or time off work. The fall that Mark suffered has left him with lasting back problems and affected his earning capability at work.'

McDonald's fined after teen worker is scarred

Burger giant McDonald's has been fined £20,000 after a teenage worker was left scarred for life. The 17-year-old girl slipped on a piece of cardboard left to soak up cooking oil and, as she put out an arm to save herself, plunged it into the scalding hot liquid. The student, who worked part-time at a branch in Leicester, suffered severe scalding to her forearm and missed five months of college. Last month, the company admitted at Leicester Magistrates' Court four charges of breaching health and safety law and was fined £20,000 and ordered to pay nearly £19,000 prosecution costs. McDonald's solicitor, Katharine Vickery, told the court: 'McDonald's has a strong health and safety culture.' She added the company had co-operated fully with the council and Health and Safety Executive (HSE) and had pleaded guilty at the first possible opportunity. The company caused an international outcry last year after firing a trade union representative who raised safety concerns at a Rome outlet (Risks 313). In 2000, McDonald's workers in Rome took strike action in protest at 'inhumane' working conditions.

INTERNATIONAL NEWS
Australia: Union push for stronger safety rules

Australian unions are to call for stronger workplace safety rules, in response to the new Labor government's review of the country's safety system. The federal government has said it is seeking to harmonise laws across all states and territories in the country. At the moment, some states have far more progressive rules than others, including measures such as provisional improvement notices and workplace manslaughter provisions. Sharan Burrow, president of the national union federation ACTU, said: 'Australian workers need stronger health and safety protections and unions will seek new safeguards through this review.' She criticised the previous Liberal government, which had 'downgraded national health and safety protections and workplace compensation standards.' She added: 'The former Howard government abolished the National Occupational Health and Safety Commission (NOHSC) and replaced it with a government agency that had fewer resources and less power to safeguard workers,' had removed workers' rights and 'undermined workplace health and safety protections.' The review was launched by minister for employment and workplace relations, Julia Gillard, who said the Labor government planned to harmonise the legislation within five years.

USA: Unions urge action on serial offenders

US unions have called on politicians to take urgent action to ensure greater safety oversight of companies with a history of serious safety violations. Eric Frumin, health and safety coordinator for the Change to Win partnership, told the Senate Subcommittee on Employment and Workplace Safety earlier this month: 'Employers bear the primary responsibility for protecting workers, but too often, companies would rather squeeze out extra profit than save employees' lives.' He added: 'The price paid by fallen workers, their families and their communities is unacceptable, and without stronger laws and enforcement, the tragic human cost of hazardous jobs continues to climb.' He highlighted 'In harm's way', a report published in March by the Teamsters union and which exposes the giant sanitation firm Waste Management, Inc's (WMI) pattern of life-threatening safety violations. Teamsters general president Jim Hoffa said: 'We are calling on the Senate today to strengthen OSHA's enforcement powers. OSHA [the official workplace safety agency] needs the clout to reform bad-actor companies such as WMI, where an entrenched disregard for workers' safety is part of the corporate culture. Slap-on-the wrist OSHA fines mean nothing to these wealthy companies.' Union testimony highlighted other serial health and safety offenders, including BP, McWane Corp., Cintas Corp., House of Raeford, Smithfield Foods, AgriProcessors and Avalon Bay.

RESOURCES
Noise in music and entertainment sectors

The Control of Noise at Work Regulations 2005 coverage was extended to the music and entertainment sectors on 6 April. The noise regulations will now apply to pubs and clubs, amplified live music events, orchestras and other premises where live music or recorded music is played. You can find out more on dedicated Health and Safety Executive webpages.

Guide to the workplace killing law

The Centre for Corporate Accountability (CCA) has published an 80-page guide to the new Corporate Manslaughter and Corporate Homicide Act which came into force on 6 April 2008. CCA says the guide is intended to help a range of interested groups and individuals - lawyers, advisers, bereaved families, trade unions, managers, employers or others - to understand the nature of the new offence, the type of organisations to which it applies, the circumstances that will lead to prosecution and areas in which the Act remains open to legal interpretation. CCA says its guide also helps explain how the new 'statutory' offence differs from the old 'common law' offence, and sets out the main arguments on each of the key issues in the 12 years since the Law Commission in England and Wales published its proposals for reform in 1996. A summary of the Act's key provisions is available on CCA's website.

  • Guidance on the Corporate Manslaughter and Corporate Homicide act 2007, CCA April 2008. Publication notice. Standard price (lawyers, public bodies, businesses, any other organisations), £35 electronic copy, £50 hard copy. Individual trade union safety reps, CCA newsletter subscribers, £15 electronic copy, £25 hard copy. Free to bereaved families. Reductions for bulk orders. Further details from CCA, by email or phone 0207 490 4494.
  • CCA summary of the Act's key provisions.
EVENTS AND COURSES
Corporate killing public meeting, Brighton, 24 April

The Simon Jones Memorial Campaign is organising a public meeting on the tenth anniversary of the death of Simon Jones, killed on his first day as a casual worker on Shoreham dock. The event will include a screening of the film 'Not this time', the story of the campaign, and a discussion led by Anne Jones, Simon's mother and a leading corporate accountability campaigner.

Are you geared up for 28 April?

Workers' Memorial Day is barely two weeks away, so you should be thinking now about where you'll be and what you'll do. TUC's dedicated webpages feature a host of good ideas and a listing of UK events. And the Hazards Campaign can provide resources from posters, to ribbons to bumper stickers - it's just had to reprint this year's 'No excuses' poster, an indication this will be the biggest ever 28 April event in the UK. There will be thousands of activities worldwide - check out the global 28 April webpages for even more inspiration. This year's global theme is 'Good occupational health for all'.

TUC courses for safety reps

COURSES FOR APRIL TO JULY 2008

USEFUL LINKS

Newsletter (5,400 words) issued 11 Apr 2008

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printed 22 May 2012 at 22:29 hrs by 38.107.179.233