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Number 361 - 21 June 2008

Risks
Hazards magazine
HSE campaign 'slips, trips and falls at work'
Hazards at Work

Risks is the TUC's weekly online bulletin for safety reps and others, read each week by over 16,000 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

Editor: Rory O'Neill of Hazards magazine. Comments to the TUC at healthandsafety@tuc.org.uk

Union news

Charter calls for migrant worker rights

Scottish employers are being urged to sign up to a charter of migrant workers' rights. Around 40 migrant workers from 14 countries met in Edinburgh to present the charter to Scottish parliament members and explain the problems they face when coming to Scotland to work. Sofi Taylor, from UNISON's national executive and the founder of the union's Overseas Nurses Network, said: 'Migrant workers are vital to the continued operation of a large number of Scotland's industries and services - from food production to care homes. They too often also face exploitation and discrimination. We have arranged this event so that MSPs can hear from the people themselves what they face, and so we can launch a set of guidelines that employers can sign-up to help these key workers.' The charter seeks to use the Scottish public sector to set the standard in the treatment of migrant workers, and to put pressure on other employers. Dave Watson, UNISON's Scottish organiser, said: 'The Scottish government and the wider public sector can lead the way in providing a positive image of Scotland for migrant workers, by using their powers as employers and procurers of goods and services to promote best practice.' The charter includes specific health and safety clauses, including calling on employers to 'ensure, specifically, that health and safety information, briefings and regular updates are provided in a format which can be readily understood by all staff.' It also says they should 'ensure that accommodation which they provide for migrant workers is not overcrowded and does not pose a risk to the health and safety of those living there.'

Seafarers hear piracy action call

Amid a fresh flurry of global pirate attacks, particularly in the Gulf of Aden and off the coast of Somalia, an action call from Nautilus UK and Nautilus NL - the UK/Dutch seafarers' union - has been adopted unanimously at the International Transport Workers' Federation (ITF) seafarers' conference in Stockholm. Nautilus UK assistant secretary general Mark Dickinson warned there had been an increase in pirate attacks against merchant ships, and said areas where attacks are prevalent should be declared 'war-risk zones' to give additional insurance and contractual rights to seafarers. Nautilus UK and Nautilus NL are now calling for a global body to determine war risk agreements for dangerous areas. ITF has also been urged to enter into talks with international shipowners, and to declare piracy hotspots where the frequency of attacks on merchant ships is determined to be 'high.' The unions say the current system has proved ineffective in dealing with the escalating piracy threat.

Other news

It's worse than murder at work

At least twice as many people die from fatal injuries at work than are victims of homicide, a new report has revealed. Academics Professor Steve Tombs and Dr Dave Whyte found that at least 1,300 people died as a result of fatal occupational injuries in 2005-06 in England and Wales, compared with 765 homicide deaths. Non-fatal workplace injuries requiring hospitalisation were also likely to be greater that year than those needing such treatment following the violent offences formally recorded as crimes. The Centre for Crime and Justice Studies report 'A crisis of enforcement', argues that the recent trend towards 'light touch' regulation of business has in effect 'decriminalised' death and injury at work. Serious incidents are significantly under-reported, the research found. Professor Steve Tombs said: 'Violent street crime consumes enormous political, media and academic energy. But, as hundreds of thousands of workers and their families know, it is the violence associated with working for a living that is most likely to kill and hospitalise.' Co-author Dr David Whyte was critical of the Health and Safety Executive's (HSE) enforcement record. He said: 'HSE enforcement notices fell by 40 per cent and prosecutions fell by 49 per cent between 2001/02 and 2005/06. The collapse in HSE enforcement and prosecution sends a clear message that the government is prepared to let employers kill and maim with impunity.' The report was welcomed by unions. Alan Ritchie, general secretary of construction union UCATT, said: 'This report must serve as a grim wake up call for the HSE. Their obsession with the policies of self-regulation mean that many workers are needlessly killed at work every year. If they do not have sufficient resources to protect workers they should say so rather than spout the mantra that business must regulate itself.' A TUC spokesperson said although HSE had recently taken steps to improve levels of inspection and enforcement, this was hampered by a lack of resources.

IOSH questions ICL safety cover

The organisation representing health and safety professionals is urging the inquiry into the Glasgow ICL explosion to take advantage of safety officers' expertise to help find the underlying causes of the disaster. The Institution of Occupational Safety and Health (IOSH) has submitted a 'statement of case' to the ICL inquiry, which is due to start on 2 July, focusing on the availability and use of competent health and safety advice. IOSH president Ray Hurst said that it was important the inquiry was 'far-reaching' so that 'lessons can be learned for the future' from the tragic events of 11 May 2004, in which nine people perished and many more were injured. 'We think it's vital to find out how and why the overall system failed to keep people safe, not to blame individuals within it, so that improvements can be made for the benefit of all,' he said. 'The public will rightly want to know whether ICL was getting competent health and safety advice and also to know about the roles of others that help form the overall system of safeguards. For example, what level of health and safety knowledge, skills and experience did those working in ICL and its suppliers, or those advising them, have?' He added: 'The findings of this inquiry may be highly significant to health and safety practice in Scotland and throughout the UK.'

Safety Bill moves to the Lords

The House of Lords is to look at tougher penalties for those who breach health and safety laws after proposals were passed by MPs. The Health and Safety (Offences) Bill put forward by Labour MP Keith Hill cleared the Commons after being given an unopposed third reading. Under the Bill, the maximum fine in magistrates' courts will be raised to £20,000 for most offences and imprisonment will be made an option for a wider range of breaches. Mr Hill said his aim was to 'punish the criminally negligent who put life and limb in danger in the workplace, and to deter those who are tempted to cut costs by breaking the law.' Junior work and pensions minister Anne McGuire welcomed the Bill, saying it was important that penalties 'fully reflected the seriousness of offences' and deterred irresponsible behaviour. Ray Hurst, president of safety professionals' organisation IOSH, commented: 'We hope this bill will become law soon and help provide a safety boost for Britain.' The TUC, while welcoming the Bill, called on the government to ensure that it was given sufficient time to progress. It said it was concerned that similar Bills had fallen due to a lack of parliamentary time.

HSE dismay as most sites fail safety test

Thirteen out of 15 Merseyside construction sites visited in a Health and Safety Executive (HSE) inspection blitz were issued with enforcement notices for breaches of safety law. HSE inspectors arrived unannounced on 9 June at the 15 construction sites across Sefton, concentrating on Southport, Crosby and Bootle. The watchdog was prioritising sites involved with refurbishment work. Seven prohibition notices were served, stopping work immediately and preventing it from restarting until remedial action had been taken. Six improvement notices were issued where safety measures had to be carried out within a specified period. HSE inspector Susan Ritchie said: 'I was dismayed to find that 13 enforcement notices were issued in one day when we inspected just 15 sites.' She added: 'Companies have a legal responsibility to protect the lives of workers and site safety should be paramount. HSE inspectors are committed to protecting workers by taking firm action against those who continue to flout basic health and safety regulations. This is evident in the number of notices we served during the initiative.' A February blitz of over 1,000 sites saw over 300 sites shut down for serious safety breaches. Ten out of the 11 sites visited in Aberdeen were shut down.

Government told to fund site safety or fail

The government needs to provide adequate safety training and an increase in Health and Safety Executive inspectors if its new strategy for the construction industry is to succeed, a top safety organisation has said. The Business Enterprise and Regulatory Reform (BERR) 'Strategy for Sustainable Construction', announced in February in response to a government consultation, includes commitments to recruit 230,000 additional construction workers, offer 13,500 extra placements and to cut worker fatalities by 10 per cent. Safety professionals' organisation the Institution of Occupational Safety and Health (IOSH) said for the government strategy to succeed there must be 'an eventual doubling' in the number of frontline inspectors. It added training for new construction workers must include health and safety and language skills for migrant workers. John Lacey, the chair of IOSH's construction group, said: 'To achieve a 10 per cent reduction year on year, there must be adequate enforcement. There must be enough inspectors to be a real presence on construction sites in Britain.' He added: 'With the expected growth in the workforce, increasing number of migrant and at risk work groups, and the increase in construction in the lead up to the 2012 Olympics, 2017 cross-rail project and 2020's target for 3 million new homes, there really does need to be a phased and eventual doubling of the number of HSE inspectors to allow us to achieve these targets. Without adequate funding, it just won't happen.'

Fall leads to £15,000 fine

A Darlington building firm has been fined £15,000 following an incident in which one of its workers was seriously injured in a workplace fall. Bussey and Armstrong Ltd pleaded guilty to a safety offence and was fined £15,000 and ordered to pay costs of £3,193 at Darlington Magistrates' Court. The company was also ordered to pay £5,000 compensation to the injured worker and a £15 victim surcharge. The injured worker was undertaking joinery work next to an unguarded stairwell and lost his balance. He fell into the stairwell and 5.4 metres to the concrete ground floor. He sustained serious injuries, including crushed vertebra and a fractured pelvis. HSE inspector Jonathan Wills said: 'It is totally unacceptable that so many lives of employees who work from height continue to be put at risk. Falls from height remain the most common kind of accident causing fatal injuries. Last year, 45 people died and more than 3,000 suffered a serious injury after a fall from height in the workplace.' He added: 'This case illustrates why risks should always be properly assessed. This incident could have been avoided, and a man not seriously injured if a safe working plan was in place.'

Chemical burns blast firm pays twice

A worker who suffered serious burns after an explosion at a Brighouse chemical container site has been awarded £15,000 compensation. Mohammed Ahmed Ali suffered 15 per cent burns to his forearms, thighs, genitals and lower abdomen when a chemical container he was working on at Pack2Pack exploded in March last year. A spokesperson for Davies and Company, the law firm that represented Mr Ali, said their client also sustained soft tissue injuries to his neck and back and psychological symptoms, including nightmares and flashbacks. 'Mr Ali continues to remain in employment with the company although he has been unable to return to work since the date of the accident. This is despite his employers stressing that following the accident, changes in systems and procedures have been made which they say will prevent a repetition of the accident. He remains wary and afraid.' News of the compensation settlement was revealed after the company appeared at Calderdale Magistrates' Court, Halifax, where the company admitted three safety offences. It was fined a total of £12,000 - £4,000 on each charge - and ordered to pay £6,926 costs.

Weetabix worker loses fingertips

Cereal manufacturer Weetabix has been fined £3,500 after a worker lost his fingertips in a workplace machine. The incident on 23 August 2006 occurred when the 58-year-old Kettering man was attempting to clear a rotary value blockage while operating machinery at the Weetabix factory. He was exposed to moving parts of the valve and caught his hand in the machine, which resulted in a loss of his fingertips. HSE inspector Peter Snelgrove said the injury could have been avoided if the company had obeyed the law. 'Weetabix should have ensured that machinery was adequately guarded,' he said. 'There is plenty of advice and guidance available to help employers meet their legal responsibilities and keep their workers safe.' Weetabix Ltd was fined £3,500 and ordered to pay £1,490.40 costs at Kettering Magistrates' Court. It had pleaded guilty to a breach of the Provision and Use of Work Equipment Regulations after failing to prevent access to a dangerous machinery part.

Jail for asbestos dumpers

Two men have been jailed for a £1.2 million flytipping scam which saw thousands of tonnes of hazardous waste including asbestos dumped at bogus construction sites emblazoned with mock health and safety notices. James Kelleher, from Dagenham and Patrick Anderson, from the Irish Republic, were accused of dumping over 14,600 tonnes of waste - the equivalent of 750 lorry loads - at 15 sites in London and Essex. Kelleher, 40, and Anderson, 51, were sentenced to 14 months and 22 months respectively, for conspiracy to unlawfully deposit controlled waste. Mr Justice Philpott ordered the men to spend half their sentences in custody and half on licence. For the first time, the Environment Agency employed forensic techniques used in other criminal cases - financial and handwriting analysis - to make the link between payments, lorries and people. The techniques were needed because the scam was highly sophisticated, including the use of false identities. Kelleher and Anderson broke in to waste ground awaiting development, where they put up hoardings with fictitious company names, health and safety notices and a mobile phone number for members of the public to call if the so-called construction work bothered them. The pair wore reflective jackets, hard hats and carried surveying equipment. Behind the official-looking exterior, however, there was no construction work - just more tipping.

Memorial remembers fallen reporters

A memorial to media staff killed while doing their work has been unveiled by UN secretary general Ban Ki-moon. The 10m (32ft) glass and steel cone on top of BBC Broadcasting House in central London will shine a beam of light into the sky every night at 10.00pm. It is dedicated to all news journalists and those who have worked with them, including drivers and translators. Over the past 10 years an estimated two war reporters have died each week, with many more killed covering corruption. Rodney Pinder, director of the International New Safety Institute (INSI), said: 'These men and women are the unsung heroes of democracy, for without a free press there can be no freedom. This shaft of light in the capital of international journalism is a visual reminder of their sacrifice.' Introducing the UN secretary general, BBC chair Sir Michael Lyons said: 'The implicit contract, whereby journalists place their lives at risk to help us understand the world and its events better, needs to be reaffirmed at moments like this. That sacrifice is properly valued and the loss is widely shared.' Eighteen months ago the UN Security Council passed Resolution 1738, which demanded action by member states to end violent attacks on the news media and an end to impunity for those who kill journalists. An INSI study issued in March last year, found that every week, for the last 10 years, at least two journalists or news staff have been killed trying to report the news. In 90 per cent of cases no-one has been brought to justice. Over 200 reporters have lost their lives since the start of 2007. INSI says news staff are vulnerable not just in conflict zones but also to targeting from criminal and paramilitary groups.

Deadly fishing hazards targeted

A £250,000 government scheme to help fishers attend a programme of training is aiming to improve the sector's dire safety record. Shipping minister Jim Fitzpatrick announced the initiative and said there was potential for further funding for two more years, subject to review. The funding will be matched by investment in training by Seafish - the Sea Fish Industry Authority - the body set up by government to provide expert knowledge, skills and support to the industry. A recent study by the Maritime and Coastguard Agency (MCA) showed that the fishing industry is 115 times more dangerous than the construction industry, and that those working in the under 16.5m sector, representing 89 per cent of the fleet, are particularly at risk. Jim Fitzpatrick said: 'We and the MCA, together with Seafish, are committed to improving the safety of fishermen. Our aim is to foster a safe environment for those working in the fishing sector and we see training as vitally important in achieving this.' Fishers on board vessels of less than 16.5m are currently only required to undertake basic safety training. Mr Fitzpatrick said: 'This funding, which is designed to ensure a maximum take-up in the training, will therefore be targeted at fishermen attending the new courses. I hope it will allow Seafish to provide the maximum possible number of courses, and lead eventually to fewer accidents, injuries and deaths.'

Overtime causes anxiety and depression

If you work a lot of overtime, especially on a low income or doing heavy manual labour, you're at increased risk of anxiety and depression. Researchers at the University of Bergen in Norway used data on work hours and questionnaires that gauged the mental health of more than 10,000 workers. Compared to the 9,000 people who worked 40 hours or less, the 1,350 doing overtime were more depressed and anxious. Among men, these negative feelings increased from 9 per cent for regular hours to 12.5 per cent for long hours. Those who worked the longest hours - up to 100 per week - at physically strenuous jobs had even higher rates. For women, depression increased from 7 per cent to 12 per cent with overtime. Elisabeth Kleppa and colleagues found even moderate overtime hours appear to raise the risk of 'mental distress.' It could be that working overtime leads to increased 'wear and tear,' or that people with characteristics predisposing to anxiety and depression, such as low education and job skills, are more likely to take jobs requiring long work hours, the paper said. European Union work rules give employees the right to refuse to work more than 48 hours a week, a move introduced to reduce health and safety risks. However, the UK government this month defended an opt-out from the working hours ceiling, meaning UK workers will still be allowed to work up to a potentially damaging 60 hours per week (Risks 360). The authors of the study, published in the June issue of the Journal of Occupational and Environmental Medicine, say their results support EU-style regulation setting a working hours ceiling.

  • Elisabeth Kleppa, Bjarte Sanne and Grethe S Tell. Working overtime is associated with anxiety and depression: The Hordaland Health Study, Journal of Occupational and Environmental Medicine, volume 50, number 6, pages 658-666, June 2008 [abstract]. Philadelphia Enquirer.

Inquest told of mother's work stress

A nurse who was suffering from work-related stress was found dead after consuming a cocktail of sedatives, an inquest has heard. Michele Wood's body was found on a farm on 26 March. The 45-year-old, from Ipswich, had worked as a nurse since 1981. When the surgery where she worked amalgamated with another in 2006, Mrs Wood became a senior nurse. Her family said it was while she was there that her responsibilities became more demanding and increasingly stressful. Statements read to the inquest revealed how the pressures of her job mounted in the days leading up to her disappearance. It also emerged that treasured family photographs and cherished notes from loved ones were found close to Mrs Wood's body. Consultant pathologist Jason Wong told the inquest the drugs she had consumed alone, which were taken in limited doses, were unlikely to have been strong enough to kill her. However he said the weather at the time she had gone missing had been particularly cold and windy. Coroner Dr Peter Dean recorded an open verdict. He said: 'We know there was a background of stress relating to work and items present at the scene suggested there was suicidal intent. The problem is establishing the link between that intent and the outcome.' A February report from the trade union safety magazine Hazards said work-related suicides could be killing over 250 workers in the UK each year - more than die in workplace accidents (Risks 345). The family of Tony Cecere, a 53-year-old Australian worker with a history of depression who killed himself after being fired, was this week awarded Aus$367,000 (£177,000) in compensation. A judge ruled a text message calling on him to return his mobile phone and work car triggered an acute depressive episode leading to his suicide.

International News

Europe: New risk assessment campaign launched

Most accidents and diseases are preventable, and the first step in preventing them is risk assessment. That is the message of 'Healthy Workplaces. Good for you. Good for business,' a Europe-wide information campaign on risk assessment launched by the European Agency for Safety and Health at Work (EU-OSHA). The campaign, which will run for two years, is concentrating on high risk sectors such as construction, healthcare and agriculture, and on smaller employers. EU employment commissioner Vladimír ?pidla commented: 'Every year, millions of workers in the EU are involved in accidents which force them to stay at home for at least three working days at an enormous cost to the economy. Risk assessment is the key to reducing these figures. But it can only be the first step - implementation must follow.' EU-OSHA director Jukka Takala highlighted the key messages of the campaign. 'First, risk assessment is not necessarily complicated, bureaucratic or a task only for experts. This is a mistaken belief that is particularly common among SMEs [small and medium sized enterprises]. But there are plenty of tools available (such as checklists) that help in the process, and EU-OSHA promotes a simple five-step approach. Secondly, proper risk assessment also brings a number of business benefits, because making workplaces safer and healthier helps to reduce absenteeism and insurance costs, and increases worker motivation and productivity.' Risk assessment will be the theme for this year's Euro health and safety week, to run from 20-24 October.

Global: Europe's chemical law has long reach

The REACH chemical safety law that started to come into force in Europe this month (Risks 359), is also forcing US companies to improve their chemical health and safety approach. The EU regulations take a far more precautionary approach than US law, where regulators must prove a chemical is harmful before it can be restricted or removed from the market. Adamantly opposed by the US chemical industry and the Bush administration, the EU REACH regulations are being phased in over the next decade. But, according to a Washington Post report, American manufacturers are already searching for safer alternatives to chemicals used to make thousands of consumer goods, from bike helmets to shower curtains. It says the European Union's tough stance on chemical regulation is the latest area in which the Europeans are reshaping business practices with demands that American companies either comply or lose access to a market of 27 countries and nearly 500 million people. The REACH rules are 'going to compel companies to be more responsible for their products than they have ever been,' said Daryl Ditz, senior policy adviser at the Center for International Environmental Law. 'They'll have to know more about the chemicals they make, what their products are and where they go.' The US Environmental Protection Agency has banned only five chemicals since 1976. The hurdles are so high for the agency that it has been unable to ban asbestos.

Italy: National one-hour stoppage for safety

Metalworkers across Italy downed tools from 11am to noon on 17 June in support of a new draft law on health and safety at work. The action follows a public outcry at the escalating toll of workplace deaths in Italy, including a series of recent tragedies. Fatal incidents have been dubbed 'white deaths', and have become a major political issue in the country. Seven workers were killed in a fire at the German-owned ThyssenKrupp steelworks in Turin in December last year, four dying immediately and three others later succumbing to serious burns (Risks 336).Last week, six workers died while working inside a water purification tank in Mineo, on the Italian island of Sicily. Italian president Giorgio Napolitano decried the deaths and urged stricter enforcement of safety rules. Campaigners say companies often do not observe regulations, and employees frequently work without basic safety equipment like helmets, goggles and face masks. It is thought the use of informal labour may also contribute to the number of injuries. The unions are particularly aggrieved at the stance taken by the employers' association, Confindustria, which is refusing to acknowledge the responsibility of employers when it comes to fundamental safety rules at work, particularly in relation to subcontractors. Three metalworking unions were involved in the walk out, FIM-CISL, FIOM-CGIL and UILM-UIL. In a joint statement to the press, the unions called on the government to take 'immediate economic measures supporting health and safety at work' including investing in the national institute INAIL, which is responsible for work-related injury and ill-health prevention and compensation. 'We strike for the implementation of the new law on health and safety at work, as it is, in all its parts and with the maximum of severity,' stated the unions. According to research institute Eurispes, there are over 1,350 workplace fatalities in Italy each year - high compared to other modern industrialised nations, and above the European Union average.

Korea: Shipyard deaths linked to deregulation

A spate of deaths in South Korea's highly profitable shipyards has been linked to the government's deregulation of health and safety in the sector. The Korean Metal Workers' Union (KMWU) reports that 15 shipbuilding workers have lost their lives at work in the last year. Five of the fatalities occurred this year, including the most recent death on 22 May at the Daewoo shipbuilding yard. The union claims the situation is due to the Korean government deregulating health and safety standards and abandoning responsibility for health and safety inspection. Instead it introduced the 'Shipbuilding sector Self-Regulatory Safety Management System'. The union says the problem is compounded by the increased use of sub-contracted labour, making it difficult for the union to carry out proper safety training for the sub-contracted workers. The global metalworkers' union federation IMF is to challenge the government and the International Labour Organisation (ILO) to 'reverse the current system and to strengthen health and safety regulation systems so as to defend effectively the right to life and health of shipyard workers in Korea.'

Events and Courses

National Hazards Conference 2008, 18-20 July

The premier annual event for union safety reps is less than a month away - the 19th National Hazards Conference will take place at Keele University, Newcastle-under-Lyme, from 18 to 20 July. The conference includes top national and international speakers, workshops and the best chance you'll get to exchange organising ideas and experiences with other union safety reps. Places are limited, so get your application in now.

  • Hazards conference book form [pdf]. Delegate fees are £195 (residential) and £105 (non-residential). Further information: email the Hazards Campaign, c/o GMHC, 70 Alexandra Road, Manchester M16 7WD. Tel: 0161 636 7558.

TUC courses for safety reps

COURSES FOR APRIL TO JULY 2008

Useful Links

  • Visit the TUC www.tuc.org.uk/h_and_s website pages on health and safety. See what's on offer from TUC Publications and What's On in health and safety.
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  • What's new in the HSC/E and the European Agency.

Newsletter (5,100 words) issued 20 Jun 2008

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