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Number 394 - 21 February 2009

Risks
Hazards magazine
 Asbestos - the hidden killer
 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

What does the work doc know?

So, you've been ill, you're injured, you're starting a new job, your job's made you sick - all reasons your employer might want a doctor to give you the once over. But is the doctor really qualified to make an assessment? A new TUC guide for safety reps gives pointers on what training and skills you should expect from any doctor undertaking pre-employment checks, health screening, change of job, rehabilitation, treatment or medical 'capability' to work assessments. The guide points out that just being on the medical register means any doctor can offer their services to employers as an expert or adviser. 'Many of those doctors who practice in occupational medicine, dealing with capability assessments, and other medical reports, have had no specialist training and may have only limited knowledge of many of the areas that they should be dealing with such as the health problems of hazards in the workplace, rehabilitation to work or adjustments at work,' the TUC guide says. It says a doctor can only claim to be a 'specialist' if they are listed on the General Medical Council's 'specialist register', something that can be checked online. The guide adds that many of the doctors who provide occupational health services are not 'specialists' either. It spells out the professional qualifications that the GMC says establishes a doctor is 'knowledgeable in occupational medicine theory practice and delivery.' Some GPs have the more basic diploma in occupational medicine, which would mean they are capable of providing some rudimentary health screening and advice. The Health and Safety Executive (HSE) recommends that, at a minimum, doctors working in occupational medicine should have this diploma. In most instances trade union safety reps will have had more detailed and workplace specific training that any general practitioner, combined with a practical knowledge of hazards and health risks in the workplace that surpasses that of many doctors, regardless of their qualifications.

STUC says make work fit for workers

The Scottish Trades Union Congress (STUC) is calling for action to make sure workers' health is not another victim of the recession. It says its policy paper, 'Occupational Health in Scotland,' makes the case for 'a massive expansion in publicly provided occupational health services to end the unacceptable level of workers falling into economic inactivity following periods of ill-health and to increase the number of workers being rehabilitated back into the workplace.' STUC general secretary Grahame Smith said: 'During previous recessions we witnessed massive increases in the number of workers becoming incapacitated, many of whom were never to work again. We need a step change in public provision so that government ambitions to support people into work can be realistically achieved. Unfortunately comprehensive occupational provision is still the exception rather than the rule, and services to smaller employers and their workers are particularly sparse.' He added that it was the responsibility of business to make a contribution to effective occupational health services. 'Scottish Courts provide comprehensive occupational health provision aimed at early intervention, rehabilitation and supporting workers in the workplace,' Mr Smith said. 'They estimate the cost of providing this service at £80 per member of staff per annum, a cost that we believe most businesses could afford.'

Sick sacked RMT activist wins round one

A train driver who is also a prominent activist in his union has won the first round of his battle to reverse his dismissal. RMT union rep Derrick Marr was fired by train-operating company National Express East Anglia, ostensibly on health grounds. However, a London employment tribunal last week awarded him 'interim relief', under which the company is obliged to continue his contract pending the outcome of a full tribunal hearing. Interim relief is awarded only when the tribunal believes the claimant has a very strong case for unfair dismissal for trade union activities. Following the award, RMT called on the company to 'do the decent thing' and re-instate Mr Marr unconditionally. He was fired by the firm three weeks after returning to work following his second three-year stint on RMT's governing council of executives. The company claimed he had effectively resigned in 2005 after failing a medical upon his return, but John Hendy QC, representing Mr Marr, argued that he was in employment in 2009. The tribunal said the company had adopted a 'brutal approach' with the dismissal, and had displayed no sympathy towards Mr Marr's medical conditions, which include diabetes and high blood pressure. RMT argued that he had in fact been dismissed for his high-profile union activities. 'This ruling effectively pulls apart the pretexts that National Express put forward for sacking Del,' RMT general secretary Bob Crow said. 'We believe it is quite clear that Del Marr was dismissed because he has been an effective trade union rep for many years, and the company should now do the decent thing and re-instate him unconditionally.'

'Woeful' progress on train runaways

Five years after four RMT members were killed by a runaway trailer at Tebay, the union has slammed the 'woefully inadequate' progress towards protecting workers from similar incidents. Colin Buckley, Darren Burgess, Gary Tindall and Chris Waters were killed on 15 February 2004, when their work gang was hit by a heavily laden sub-contractor's trailer with defective brakes, which had run away after being 'secured' by a piece of two-inch fence post (Risks 249). RMT says since then there have been at least 16 more runaways, each with the potential to kill. It adds that the industry has still not implemented promised protection for track workers. RMT general secretary Bob Crow welcomed a commons motion tabled by Morecambe and Lunesdale MP Geraldine Smith, expressing alarm at the inaction. 'Five years after four of our members died in a runaway accident that should never have happened we still do not have the secondary protection we have asked for, and Geraldine Smith is quite right to demand that Network Rail addresses this problem with the urgency it deserves,' he said. 'It is our members who put their lives on the line to maintain the railway and they are telling us they want action now - not after the next tragedy, and I have told Network Rail that we are dismayed at the painfully slow progress being made.' He added that industry fragmentation and 'the massive financial squeeze on Network Rail... can only undermine safety further.' The union leader said: 'For too long safety has taken second place to profit. It is high time we saw all the privateers off our railways and listened to the people who do the work, not the bean-counters.'

Unite launches national truckers survey

A union hotline is aiming to 'shine a light on the tough working conditions endured by truck drivers across the UK and Ireland.' The freephone service, operated by transport union Unite and which went live on Friday 13 February, allows lorry drivers to tell the union about the problems they face in finding somewhere safe to park their valuable cargoes at night, and the high costs and poor standards at many UK truckstops. Unite assistant general secretary Len McCluskey said: 'No other group of workers would be expected to endure the conditions which are considered normal for professional lorry drivers. Lorry driving is a tough job, and there's considerable strain in the working day of professional drivers. It is surely not too much to ask that at the end of that long day's work they should be able to enjoy a hot meal, a clean bed and a secure night's rest.' Attacks reported through Truckpol, the national unit helping to combat road freight crime, suggest that motorway pirates cost the economy up to £250 million a year and put lorry drivers at risk. The union points to a series of attacks in recent weeks that have left one driver tied up and dumped at the roadside and another held at knifepoint. Drivers calling the hotline number, which is being publicised at motorway cafes and other truckstops across the UK, will be asked to take a Unite survey. 'The results of the survey will provide a complete picture, for the first time ever, of how professional lorry drivers are treated,' said Ron Webb, Unite national secretary for road haulage. 'Secure and affordable truckstops are vital for our haulage industry. And they're essential in our campaign to make our roads safer for professional drivers and everyone else.'

Clampdown call on deafening noise

Public sector union UNISON is calling on employers to take noise risks seriously after a highway worker was deafened on the job. The 52-year-old UNISON member, whose name has not been released, was awarded a 'substantial' amount in damages for hearing loss sustained as a result of working with noisy tools, including jackhammers and compressors. He had not been provided with adequate hearing protection until the mid-1980s, although he started working on the highways for Chesterfield Borough Council in the 1960s. UNISON national health and safety officer Hope Daley said 'once a worker loses their hearing it's gone forever. This lasting disability has a major effect on their lives, as they try to adapt to work, family, and a social life without hearing and have to develop new ways of communicating.' She added: 'More than 1 million employees in Great Britain are exposed to noise that puts their hearing at risk and, in 2007/08, an estimated 21,000 individuals were suffering hearing problems, which they believed to be work-related. Employers have a legal duty to prevent this from happening. Damage to hearing from exposure to loud noise at work is preventable and the risks can be controlled by the good management of health and safety.'

Car crash victim gets £2m payout

A GMB member has received a £2,235,850 compensation payout after suffering life-threatening injuries when he was hit by a car while cycling. David Braithwaite, who was 48 when the incident occurred in October 2003, suffered multiple injuries including a severe brain injury, serious fractures to the left leg and left shoulder, a punctured lung and multiple rib fractures. As a result of the non-work related injuries, he now requires around the clock care. He suffers loss of memory, problems with his balance, dizziness, double vision, impaired hearing, speech difficulties and the loss of the sense of smell. The serious fractures to his left leg have led to a 3cm shortening of the limb, restricting his mobility. Mr Braithwaite, who was a lorry driver before the accident, has had his driving license revoked as a result of the injuries. GMB southern regional secretary Richard Ascough said: 'It is impossible to really compensate for the terrible injuries that Mr Braithwaite suffered but at least justice had been done. The case demonstrated the importance of GMB membership.' Nigel Bennett of Rowley Ashworth Solicitors, retained by the union to provide legal support for Mr Braithwaite, said: 'Whilst clearly the clocks cannot be turned back, it is reassuring to know that by securing this high level financial award Mr Braithwaite's daily healthcare needs will be met for the rest of his lifetime. As a result of the help and support of his union he will not have to suffer any additional stress caused by funding the level of professional care he requires as he learns to cope with the serious injuries he sustained.'

Hero sought after road sweeper crash

A council worker has received compensation after an incident in which his life was saved by an anonymous 'hero' who pulled him free from a crashed road sweeper. UNISON member Howard Taylor, 64, from Chesterfield, is desperate to thank the man who pulled him out of the smoke-filled cab of the faulty road sweeper in November 2006. Mr Taylor suffered whiplash injuries and now suffers from Post Traumatic Stress Disorder as a result of the crash, and was unable to return to his job at North East Derbyshire District Council for seven months. He said he wants to thank his rescuer. 'I was in a terrible state and, without his help, I don't think I'd be here today. I had complained about the road sweeper in the past because it would bounce a lot when it was empty but nothing was done about it.' The council, which had received a number of complaints about the safety of this type of road sweeper, admitted liability and agreed the undisclosed settlement. UNISON head of local government in the West Midlands, Tony Rabaiotti, said: 'Mr Taylor is lucky that a passerby was there to save the day and we hope he manages to track him down. This accident could easily have been avoided if Mr Taylor had been given adequate training on the machine and if his complaints about the vehicle had been adhered to.' Jane Toplis from Thompsons Solicitors added: 'This was a dangerous accident which may never have happened if Mr Taylor's concerns had been acted upon. We alleged that the road sweeper was unsuitable for the job and as a result East Derbyshire District Council was negligent.'

Opera set up hurt worker's back

A Royal Opera House employee who hurt his back while preparing the stage for a performance has received a substantial sum in compensation. Stage lighting technician Charles Spencer, 66, from south London has been left with severe long term back pain. The BECTU member, who is now retired, damaged his lower back when helping a colleague to move a trolley carrying 12 rolls of linoleum from the stage. The lino is used to line the stage for ballet but is removed for other performances. The Royal Opera House made an undisclosed out-of-court settlement. Mr Spencer said: 'Whilst I was responsible for stage lighting I pitched in to help a colleague push the trolley. Everyone helps each other when preparing the stage and I didn't think twice about it. If we had carried out a risk assessment before pushing the trolley perhaps I wouldn't be injured today.' Willy Donaghy, supervisory official for BECTU's arts and entertainment division, commented: 'Employers must ensure staff are trained in lifting techniques or work out ways to avoid situations like the one faced by Charles. A well thought out plan and risk assessment should have been in place to make sure the trolley was moved safely.'

Other news

Directors blame unions for board failings

Construction union UCATT and safety campaigners have reacted with incredulity after the Institute of Directors (IoD) blamed unions for the failure of company directors to adopt a directors' safety code. The IoD and the Health and Safety Executive (HSE) launched the voluntary code in October 2007. However a report due to be published by HSE in March will reveal just 25 per cent of firms know the code exists (Risks 392). UCATT's outrage was prompted by comments from Alexander Ehmann, the head of parliamentary and regulation affairs for the IoD. He told Safety and Health Practitioner magazine that uptake would have been improved if there had been more active union support for the voluntary code. 'The unions have not been as committed to disseminating the guidance as they could have been, and are not utilising themselves as a conduit for it,' he said. UCATT general secretary Alan Ritchie commented: 'Either the IoD is too stupid to understand the purpose of unions or they are deliberately spreading misinformation. It is not our role to make companies accept the code. We know that the failed voluntary code will not save the life of a single construction worker.' He added: 'Rather than blame the unions for their own failures I would have hoped that the IoD would have had the maturity to accept that the voluntary code has not worked, does not work and will never work and would be concentrating their energies in supporting the campaign for statutory directors' duties. After all what are they afraid of?' Tony O'Brien of the union-backed Construction Safety Campaign denounced the 'cynical and arrogant bosses who have been allowed to get away with a complacent attitude towards workers' safety for too long.' And Louise Adamson of Families Against Corporate Killers (FACK) - and whose brother Michael died at work as a result of employer negligence (Risks 379) - commented: 'In most cases, the catalogue of ignorance of health and safety laws, deliberate non-compliance and complete lack of fear of the enforcement system and the enforcement authorities by employers, managers and directors is overwhelming. What is needed is a legal duty on all directors to hammer home to them their responsibility.'

Manufacturers resist directors' duties

The organisation representing manufacturing firms is urging the government to resist calls for new legal safety duties on directors. EEF, which speaks for member firms in the manufacturing sector, says many more company directors are already taking a leading role in health and safety management. It says its survey shows directors in over 80 per cent of companies are 'actively involved' in managing health and safety. Steve Pointer, head of health and safety policy at EEF, said this 'shows that active leadership by directors is now very definitely the norm, not the exception. Managers and directors in our member companies are taking their responsibilities seriously and the results clearly demonstrate that further regulation is not required. With the right promotion, encouragement and support, the current approach to improving leadership can have a major impact.' However, research for the Health and Safety Executive (HSE) to be published next month, found just 24 per cent of firms in the manufacturing sector had heard of the HSE/Institute of Directors voluntary code on directors' duties. This suggests manufacturing bosses have an awareness level on directors' safety issues lower than the average for all industry, less than half that in the NHS sector (54 per cent) and significantly lower than construction (33 per cent).

UCATT condemns 'Gestapo' rant

Construction union UCATT has condemned comments made by the head of a leading construction body, who told a trade journal that the safety 'Gestapo' was a problem for the industry. Bob Whincap, president of the National Access and Scaffolding Confederation, was quoted last week in an interview with Construction News, complaining: 'There is a health and safety Gestapo out there and if there is the minutest risk of something happening it will be eliminated and the problem is you can't build.' UCATT said the comments were 'entirely unrealistic', with the number of inspections and injury investigations undertaken by the Health and Safety Executive (HSE) having fallen dramatically in recent years. UCATT general secretary Alan Ritchie said: 'Mr Whincap's views are deeply disturbing. He paints an entirely unrealistic picture of health and safety. On many sites health and safety barely exists. It is a pity that someone in his position, a figurehead for the industry, appears to be more concerned about cutting corners than ensuring the safety of workers.' UCATT said many of Mr Whincap's colleagues in the construction industry would 'be embarrassed by his comments as they came at a highly sensitive time'. A government commissioned inquiry is currently investigating the reasons behind the construction industry's high fatality rate.



Downturn is leading to safety cuts

The recession is leading to some firms lowering the priority they give to workplace health and safety, two surveys have found. Research conducted for PPE product manufacturer 3M found the downturn is encouraging some construction companies to skimp on the cost of personal protective equipment (PPE). The Safety in Construction survey involved interviews with 226 workers and 127 health and safety managers in November and December 2008. It found that 8 per cent of workers in the South claimed to have been given cheaper PPE because of the downturn. One in five Scottish workers (20 per cent) said they were being fobbed off with cheaper gear. The survey also found only a little over half of all workers (56 per cent) get regular PPE training, even though health and safety managers think that training is the most important method of ensuring workers comply with PPE rules. The report concludes there needed to be a shift in the general perception of health and safety managers being just 'bureaucratic clipboard carriers' if they are to be taken seriously. A second survey found health and safety has become less of a concern to the nation's employers as a result of the recession. The poll of 109 employees by National Accident Helpline found that 62 per cent believed that their employer was placing less emphasis on health and safety. The remainder - 38 per cent - believed that their employer remained as committed to workplace safety as ever.

Government fixes T&N payouts injustice

Workers with asbestos related diseases caused by their jobs at Turner and Newall (T&N) - once the world's biggest asbestos firm - will be allowed to keep government compensation alongside that reduced payouts from the company, the government has said. Workers had been subject to a clawback of government industrial disease benefits, even though they only received a fraction of the compensation they were due from the defunct company. Announcing the move, work and pensions secretary James Purnell said: 'It is important that these workers get all the help they can, which is why I have taken this decision. We have been in discussion with those representing the workers and have decided not to make deductions any more. This will mean that those people receiving only a fraction of their full compensation will not be penalised further.' Welcoming the announcement, TUC general secretary Brendan Barber said: 'This corrects an injustice which led to several hundred workers being denied compensation. This anomaly led to a situation whereby in many cases it was better for workers not to apply to the T&N compensation fund because they could get more compensation under the government scheme.' Derek Simpson, joint general secretary of Unite, said: 'We are delighted that the government has put this right. Had it not been for Unite's prompt intervention this problem would have remained unchecked to the disadvantage of many mesothelioma sufferers and their families. This decision will benefit our members and countless other T&N asbestos victims who have suffered serious pain and loss of life, and it will aid their families who have to care for them.'

HSE asbestos enforcement on 1-in-5 sites

The Health and Safety Executive (HSE) has issued asbestos-related improvement notices to 22 per cent of sites visited in a Kent inspection blitz. Inspectors visited 151 sites in Thanet, Cantebury, Dartford and Dover, and issued 33 improvement notices. They also issued two prohibition notices. The inspectors served one improvement notice and three prohibition notices relating to other safety concerns. HSE says the aim of the campaign is to remind businesses of their responsibilities under the Control of Asbestos Regulations 2006. Mike Walters, principal HSE inspector in Kent, said it was 'disappointing to note that 25 per cent of the premises are failing significantly in their duty which has resulted in enforcement notices being served. Duty holders need to check if they are taking reasonable steps to ensure that asbestos is adequately managed in their premises.' In the US last week, a federal judge sentenced two contractors to prison for undertaking asbestos removal jobs that left homes and businesses contaminated. US district judge David Hurd sentenced John Wood of Plattsburgh to four years in prison and Curtis Collins of Willsboro to two years. Wood was also ordered to pay $854,166 in restitution. Collins must pay $114,902. The men pleaded guilty to Clean Air Act violations and other crimes related to asbestos removal jobs that left much of the cancer-causing material behind. Some of the asbestos was buried on a Willsboro farm and was eventually cleaned up using money from the US government's Superfund programme.

Call for work road risk action

There is 'massive scope' for co-ordinated global action to reduce the number of people killed and injured when they are driving for work, a UK safety charity has said. Roger Bibbings, the occupational safety adviser with the Royal Society for the Prevention of Accidents (RoSPA), told a conference in Washington DC this week, hosted by the US government's National Institute for Occupational Safety and Health, that work-related incidents account for 25 per cent of road crashes across the globe. The figure is 50 per cent if commuting is included. He said: "Some initial work on international comparisons by RoSPA suggests that there is much scope for sharing experiences and approaches to MORR [managing occupational road risk] between EU member states as well as more widely, with action taken in the USA, Canada, Australia, New Zealand and Japan to name but a few. Given the explosion of motorisation globally and the scale of the worldwide road casualty epidemic, the case for international co-operation in this vital area is unassailable.' He said in the UK between a quarter and a third of all road crashes are estimated to involve a person and/or a vehicle at work at the time. This means that every week about 200 people are killed or seriously injured in 'at-work' crashes. Mr Bibbings added 'those businesses which will not 'see the light' need to 'feel the heat' of firmer enforcement and, in this context, attention is now firmly fixed on the first cases of corporate manslaughter to be taken in the wake of the Corporate Manslaughter and Corporate Homicide Act.'

International News

New Zealand: Bridge workers poisoned by lead

Dozens of workers on the Auckland Harbour Bridge were poisoned after inhaling lead-based paint dust during maintenance work last year. The men, who took off their full-face dust masks because they were uncomfortable to work in, were among the 315 people known to have suffered lead poisoning throughout New Zealand last year. The blood lead levels of about 50 men working on the bridge project were monitored by their employer, and within a month of beginning work, up to half of them showed marked increases. They had been involved in stripping metal in tunnels on the underside of the bridge, most of which was painted in the 1950s when paint routinely contained lead. Those affected were sweeping up contaminated paint dust. Although they had been provided with full-face masks, the men found them uncomfortable and replaced them with less effective dust masks that they wore over their hooded overalls. It meant the masks were being taken off before the workers had removed their contaminated clothing, allowing them to inhale the dust. A Labour Department spokesperson said officials remained concerned about the health effects of lead in paint, even though it was regarded as an historical problem.

USA: Army recruiters describe job nightmare

The suicides of four US Army recruiters from a single battalion has focused lawmakers and veterans advocates on the enormous stress endured by soldiers tasked with refilling the ranks of the country's all-volunteer military. In response to the deaths, the Army suspended all recruiting nationwide last week to focus on leadership training, suicide prevention and the health of its 8,900 recruiters. The Army Inspector General is now examining working conditions throughout US Army Recruiting Command (USAREC). Former recruiter Daren Stewart said most of the recruiters with whom he worked were on anti-depressants or anti-anxiety medication. They worked 12- to 14-hour shifts, six or seven days a week, Stewart said. Commanders cursed, humiliated and screamed at soldiers who fell short of monthly quotas, threatening to ruin their careers or withhold time off with loved ones, he said. Stewart turned to alcohol to cope with stress so severe it destroyed his marriage and made his hair fall out. Colleagues working as recruiters in the same strip mall described becoming depressed and disoriented. Lt Gen Benjamin C Freakley of US Army Accessions Command said soldiers have a right to complain, but in visits to recruiting stations, he said he had encountered a very positive, sensitive command climate. 'I'm not going to ask for anecdotal information because I've been in the Army 33 years and if I walk into a unit and ask what is wrong, I get an earful, but when I ask what is good, I get balance,' said Freakley, whose command oversees USAREC.

Events and Courses

Action Mesothelioma Day, 27 February 2009

Action Mesothelioma Day will be marked by events nationwide on 27 February. The Asbestos Victims Support Groups Forum, MPs, doctors and nurses are to press the government to fund a UK National Centre for Asbestos Related Disease, similar to the centre established in Australia. They say the UK and Australia have the highest internationally reported incidence rates for mesothelioma, yet almost all funds dedicated to mesothelioma research in the UK come from families and friends of mesothelioma sufferers. They add that very little funding comes from government.

International RSI Day, 28 February 2009

This 28 February marks the 10th anniversary of International Repetitive Strain Injury Awareness Day. The event - which falls on the last day of February each year - is used by occupational disease advocacy organisations, campaigns and trade unions to highlight strain injuries risks and prevention at work and in the community.

TUC courses for safety reps

COURSES FOR JANUARY TO MARCH 2009

Northern, North West, Southern & Eastern, Yorkshire & Humber, South West, Midlands, Scotland, Wales

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 (5,200 words) issued 20 Feb 2009

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