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Number 403 - 25 April 2009

Risks
Hazards
 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

NUJ legal moves on attacks on press

The National Union of Journalists (NUJ) is planning a three-pronged legal challenge against the police over the G20 protests after its members complained of assaults and other abuses. Roy Mincoff, the NUJ's senior legal officer, is spearheading the NUJ's preparation of G20-related cases and will be contacting the Independent Police Complaints Commission and the Home Office minister, Vernon Coaker. Union members that attended the G20 protests in the City of London on 1 April and 2 April complained to the NUJ about alleged assaults by officers, the use of cordons and police refusing to release journalists from areas in which demonstrators were contained for several hours, known as 'kettling.' Mincoff said: 'We may take legal action in relation to the assaults, we may similarly do that in relation to the kettling,' adding: 'We will be informing the IPCC of our members' complaints and we are taking the matter up with the minister.' He said it was time the police recognise their responsibilities and comply with the law. 'We accept that the police have a very difficult job and we understand that. At the same time they have to conduct themselves properly and within the law.'

'Rock solid' action on Tube safety

A 24-hour strike in a row over door safety equipment on one of London's busiest Tube lines was 'rock solid' the union RMT has said. The union said the 21 April walkout came after management refused last minute talks to resolve the dispute over passenger door safety and the bullying and victimisation of RMT members. The dispute hinges on RMT's concern about 'a failure of management to install Correct Door Side Enabling Equipment on the Victoria Line which is operational on all other lines on the Underground.' It says this is a fail-safe mechanism to prevent the wrong side doors being opened when a train is on the platform. RMT safety reps have a dossier of 18 incidents over the past four years when the wrong side doors have been opened on the Victoria Line posing a serious safety risk to the public. The union says related disciplinary actions have seen one train driver, Carl Campbell, fired and RMT activist Glenroy Watson victimised. 'The safety implications of not installing the Correct Door Side Enabling Equipment for the travelling public on the Victoria Line are blindingly obvious. If the doors open incorrectly, and you or your kids are jammed into the carriage, the potential for a tragedy is clear and that's why every other line on the Underground has brought in this fail safe mechanism,' RMT general secretary Bob Crow said. 'There is something rotten about a management culture which ignores crucial safety issues but which wastes time and effort harassing and victimising staff. The RMT are determined to put a stop to it.'

Cutting gas engineers cuts safety

Job cuts at Northern Gas Networks (NGN) will threaten the safety of gas supplies, workers and the public, the union GMB has warned. It says the job losses have been pushed through despite the Health and Safety Executive (HSE) recently expressing concerns over the adequacy of staffing levels. GMB is also 'highly critical' of the role of Ofgem, the energy regulator, which it says 'is presiding over a race to the bottom on safety in the gas industry'. GMB has raised concerns with Ofgem about the ownership and operating structure of NGN. The CKN and United Utilities subsidiary subcontracts its maintenance and operations work to another United Utilities subsidiary. GMB national secretary Gary Smith described Ofgem's approval of this operating structure as 'a licence to cut corners, which impacts upon the workforce and ultimately compromises public safety'. He said the decision to make up to 80 gas engineers redundant was 'highly irresponsible', adding: 'Despite warnings from the HSE that the number of leakage repair teams in Cumbria is inadequate, Northern Gas Networks are intent on making up to 80 redundancies. These job cuts and an over-reliance on contractors are jeopardising safety. Potential consequences include operational errors resulting from an over-tired workforce working excessive hours, failure to repair leaks within acceptable time scales and increased volume/time of gas leaking resulting in an increased probability of gas explosion.' He said the union feared that CKN, the majority shareholder in the company, is 'cutting things to the bone in preparation for a possible sale of the business.'

HSE cuts hurt school safety

Teachers and pupils are being placed in jeopardy by budgetary cuts to the Health and Safety Executive (HSE), the union NASUWT has warned. Chris Keates, the teaching union's general secretary, said: 'The NASUWT believes that there is a direct link between the cuts to the HSE budget and the drop in prosecutions of breaches of health and safety provisions. Cost cutting means fewer inspections and less detection of poor practice.' She said compromising on health and safety was 'unacceptable', adding: 'The government is committed to making schools safe and happy places for children and young people. Complying with health and safety duties is integral to this. Evidence shows that breaches of these statutory provisions are rife.' Addressing the union's annual conference, she said: 'Failing to appropriately fund the HSE is a false economy. Without a properly resourced inspectorate to deter and detect poor practice there are numerous accidents just waiting to happen and huge sums of taxpayers' money being paid out for incidents that might have been avoided.'

Unions call for helicopter safety summit

Calls for a comprehensive safety summit in the wake of the North Sea helicopter tragedy have been backed by delegates at the STUC's annual conference. The emergency motion was lodged as the first Super Puma helicopters returned to service after being grounded last week (Risks 402). Industry body Oil and Gas UK said unions would be invited to join a task group set up to look at safety. The STUC annual meeting in Perth was told by Brian Boyd of Unite that the crash off the Aberdeenshire coast on 1 April, which killed all 16 men on board, had 'brought home that working offshore is a hazardous occupation.' Emergency motions on offshore safety were backed by unions including Unite, RMT and pilots' union Balpa. Jake Molloy of RMT's offshore section said: 'It makes common sense to strive to support health and safety and protect workers who are exposed to risk.' The unions are demanding a 'high level' summit to examine the current offshore safety regime should be convened at Westminster and Holyrood. They also called for the industry to take 'positive steps' to rebuild confidence in the safety of North Sea helicopters. The Super Pumas of the type involved in the crash, and in another incident earlier this year from which all 18 men on board escaped alive, were grounded last week while inspections and modifications were carried out, but have been phased back in to service. The conference backed an RMT call for the continued grounding of the Super Puma fleet until each helicopter has been fully tested. It also called on the oil industry to 'put safety before profit'. RMT general secretary said his union 'will now be working closely with the STUC on a programme of action to raise awareness of the job that brave men and women do in the North Sea to supply the UK with oil and gas and to campaign to ensure their safety in the future.'

Union attacks 'inhumane' sick policies

Teachers are being pressurised into not taking sick leave, teaching union NASUWT has warned. General secretary Chris Keates said some practices are 'just downright inhumane.' She explained: 'Teachers telephoned at home while off sick and pressurised to send in work, surprise home visits by senior managers to check whether the teacher is genuinely ill, threats of disciplinary action if a teacher is seen out the house when off sick and return to work interviews in which interrogation techniques usually reserved for those suspected of mass murder are just a sample of the complaints we have received. In one school, if teachers were absent, their name and the details of their illness were posted on the noticeboard in the staff room like a wall of shame, stripping staff of any dignity or privacy.' The union leader told the NASUWT annual conference: 'These draconian attitudes not only cause unnecessary stress and distress to those who are ill but also are some of the reasons why some teachers who would qualify for help and support under the Disability Discrimination Act fail to declare their disability. There are many examples of those who have developed a disability while at work being forced out of the profession.' She said it was ironic that the poor practices 'often contribute to staff falling ill in the first place. The NASUWT will be working to produce a model sickness policy that recognises that an effective teacher is a healthy teacher.'

Wrong step hurts bank worker

A bank cashier who fractured her ankle when she fell down a step has received almost £9,000 in compensation. Jackie Edwards was off sick for six months following the incident at Lloyds TSB's Benfleet branch in Essex. The Unite member had been seconded to the office to cover for the cashier. At the time of the incident she was carrying two metal boxes from the safe to the cashiers. As she passed through an open door in the passageway she fell down a step fracturing her left ankle, spraining her right ankle and damaging her left knee. There were no signs warning employees of the hazard. Lloyds TSB admitted liability. Mrs Edwards said: 'This accident meant I had to get help to care for my elderly mum and my disabled son. I was also unable to walk the dog or undertake my hobby speed walking. I felt aggrieved I had to spend six months off work when this accident could have been avoided easily and I wanted to make sure no-one else suffered the same fate.' Unite's Andy Frampton commented: 'Our member suffered a serious injury which could have easily been prevented had a simple warning sign been in place letting people know there was a step. It is only right she is compensated.'

College lecturer hurt in fall

A college lecturer who damaged his shoulder after slipping on a wheelchair ramp has received a 'substantial sum' in compensation. UCU member Warren Spour, 36, suffered injuries to his wrist and shoulder in October 2006 when he fell on the ramp while entering a temporary classroom at South Tyneside College's Hebburn campus. The classroom was fitted with a wooden access ramp, which was wet following rain. The shoulder injury has required intensive physiotherapy and still causes pain. Mr Spour said: 'I decided to get in touch with the UCU as I was worried about the health and safety risks the ramp obviously caused. I wanted to make sure no-one else suffered an accident like mine.' UCU general secretary, Sally Hunt, commented: 'This accident brings home the need for decent buildings in our colleges and adds a sense of urgency to the need for the government to sort out the current mess regarding delayed funding for college building projects. In the meantime, employers must do all they can to make sure the current buildings are made safe.' Helen Beaton, vice-principal at South Tyneside College, said: 'Since the accident in 2006, we have introduced much more robust health and safety procedures to ensure that something like this can never happen again.'

STUC safety award goes to CWU

A CWU union representative has received Scotland's top trade union safety award for tackling a serious toxic hazard and recruiting new safety reps. Graeme Russell, a CWU regional safety secretary, was presented this year's STUC Health and Safety Award at the union body's annual conference 'for his work in promoting and developing positive partnership working in protecting the health, safety and welfare of CWU members in the Edinburgh and Borders Branch.' Commenting on the achievement, STUC general secretary Grahame Smith said: 'The standard of the nominations for this year's award have been exceptionally high and Graeme faced stiff competition from health and safety representative in other unions. However, his extensive work in organising around health and safety activity including recruitment of new safety representatives in addition to his day to day role as a safety representative make him a worthy recipient of the second health and safety award.' Mr Smith added: 'Identifying and developing systems of work to ensure safe removal of cotton braided cable containing a potentially lethal cocktail of arsenic based paint and asbestos from telephone exchanges provided an excellent example of trade unions and employers working together to protect the lives of BT workers and contractors.'

Other news

Union slams 'grasping' asbestos insurers

Construction union UCATT has reacted furiously to the decision of several large insurance companies to try to block compensation for pleural plaques victims in Scotland. In March, the Scottish parliament passed an asbestos damages act, which allowed pleural plaques victims in Scotland the opportunity to claim compensation for the condition. The Act, which received Royal Assent last week, overturns a Law Lords decision made in October 2007, which barred compensation for pleural plaques. The condition usually has no symptoms, but is linked to a higher risk of subsequently developing asbestos cancer. Alan Ritchie, general secretary of UCATT, said: 'This action is beyond contempt. Workers have had their health damaged by asbestos and have a constant fear of developing a fatal disease. The insurers don't care about the health of workers. They were happy to take the premiums but will fight tooth and nail not to pay any compensation.' The judicial review has been launched by insurance giants Aviva, AXA Insurance, RSA and Zurich and has the backing of the Association of British Insurers (ABI). They are attempting to use the Human Rights Act to justify their arguments. UCATT's Alan Ritchie commented: 'I do not know how these people sleep at night. They have no shame.' Nick Starling, ABI's director of general insurance and health, said 'the industry is fundamentally opposed to any move that will extend compensation to those exposed to a risk but not suffering any symptoms, such as pleural plaques.'

Union hits out over shop violence

The head of retail union Usdaw has spoken out over the death of St Helens supermarket worker Maureen Marsh, who died the day after banging her head in a confrontation with a suspected shoplifter. General secretary John Hannett said 56-year-old Mrs Marsh had paid the 'ultimate price' for doing her job. 'We send our heartfelt condolences to the Marsh family - Maureen was just trying to do her job and this tragedy should never have happened,' he said. 'Shopworkers are on the front line and often face physical and verbal abuse from customers. It is never acceptable and should not be part of the job.' Morrisons employee Mrs Marsh collapsed at home and died in hospital on 19 April. It is believed she banged her head during the confrontation with the suspected shoplifter the day before. A 32-year-old man, who was arrested on suspicion of murder, has been released on bail pending further inquiries. Mrs Marsh's family have paid tribute to the shop assistant. Her son, Steven, 32, said: 'She was terrific and to die like this leaves us with so much anger. I'd have given that idiot £10 out of my wallet to have not gone in and shoplifted. It's crazy. How can a life be worth a £10 packet of razor blades?'

Doctor develops asbestos cancer

A hospital doctor believes he may be the latest victim of an asbestos cancer. James Partridge, writing in the Guardian, commented: 'I was a doctor for 40 years - it was an interesting and rewarding occupation, and it never crossed my mind that while I was making people better, the hospital could actually be making me ill.' Commenting on conditions at the Middlesex Hospital in the 1950s, when he embarked on his training, he wrote: 'Monstrous pipes lined the walls, carrying hot water to heat the draughty old hospital. They were insulated with a matted, greyish lagging, and it was falling off in piles. Perfunctory attempts were made to sweep it up, and the air was always rather dusty with the stuff. I now know it was asbestos.' Late last year he was diagnosed with the incurable cancer mesothelioma. He wrote: 'It saddens me to see the decay of the NHS and also that one of its hospitals may have let me down. As a scientist, I'm reluctant definitively to attribute my lung cancer to the Middlesex, but I do wish they had known that asbestos was harmful when I was walking up and down those corridors, and demolished the whole bloody place.' The family of hospital consultant James Emerson, who died aged 47 in 1995 of the same cancer after working in the same hospital in the 1960s and 1970s, received a £1.15 million payout. In 2007 hospital consultant Andrew Lawson, who was exposed to asbestos in London's Guy's hospital, was diagnosed with mesothelioma (Risks 308). There has been a spate of cases in nurses and other hospital staff.

Firm fined £5,000 over asbestos risk

A firm has been fined £5,000 after it put a worker at risk of exposure to asbestos by failing to adhere to health and safety regulations. Mitie Property Services was carrying out a week long job at a property in September 2007, which included the removal of 13 asbestos-lined doors. The court heard how the company failed to fully assess the risks of removing the doors and failed to implement the necessary training for the carpenter involved, Simon Whitpen. The company pleaded guilty at Norwich Magistrates Court to a breach of health and safety rules and was fined £5,000 with £5,801.33 costs. Matthew Taylor, prosecuting, said: 'All 13 doors were stacked in an upstairs room with doors open and were not wrapped. The parties involved had a responsibility to assess the risks. The risk assessment did not consider the risk of working with asbestos and the parties failed to give Mr Whitpen training. They were aware he had no experience in working with asbestos. The parties failed to provide equipment to prevent the spread of asbestos.' Summing up, District Judge Philip Browning said: 'Everybody is aware of the potential consequences of asbestos and everybody around had the right to assume the correct health and safety was carried out and I appreciate the company fell from its previous standards.'

Worker crushed by toppled crusher

A Cardiff worker was lucky to survive after being crushed by an 800kg machine. Pullman Design and Fabrication Ltd, pleaded guilty last week to a safety offence and was fined £30,000 and ordered to pay £27,500 costs at Cardiff Crown Court. In September 2006, Colin Mark Davies was working with a colleague in moving a 'swarf crusher', which was part of a wheel lathe. It was being used by his employer to refurbish the wheels of railway rolling stock. The machine was being moved using 'skates' which were being positioned under the legs of the machine when it toppled over, trapping Mr Davies. He suffered a broken collar bone, broken wrist, broken femur, back injuries and extensive bruising of the feet, back and legs. HSE inspector Hugh Emment said: 'Mr Davies suffered extensive injuries as a result of this incident. This demonstrates the need for companies to carry out suitable risk assessments to ensure that a safe system of work is in place and this includes all planning and training arrangements before work of this nature begins.' The inspector added: 'There is a legal requirement for employers to carry out full risk assessments in situations where employees are exposed to greater danger.'

HSE tells the hole truth

The Health and Safety Executive (HSE) is warning employers of the dangers of leaving holes in walkways. The watchdog is also stressing the need for inadequate hazard warning signs, after a man was seriously injured at Drax Power Station. Drax Power Ltd was this week fined a total of £2,000 at Selby Magistrates Court after pleading guilty to breaching the Work at Height Regulations 2005. It was also ordered to pay full costs of £2,800.20. The prosecution followed an incident on 18 May 2007 in which an employee was taking a routine operational tour of plant and equipment. A fixed scaffolding barrier had been erected to prevent access to the area, as a floor plate had been removed so that cleaning work could take place. However, no hazard warning sign had been attached to the barrier to indicate the risk of entering, so the man went in via the entry gate. As a result, he fell approximately 10 feet (three metres) through the hole to the basement below. He sustained serious injuries and has been unable to work since. HSE inspector Jacqueline Ferguson said: 'This man received severe injuries and hasn't so far been able to return to work, as a direct result of an entirely avoidable incident.' She added: 'All work at height should be regarded as high risk, requiring stringent control measures to prevent often fatal consequences. This accident could have been prevented if the danger had been eliminated at the first opportunity, by simply replacing the floor plate once the cleaning had been done - some 10 days prior to the accident.'

International News

Canada: Government lies and evasion on asbestos

The Canadian government sat for more than a year on a report by a panel of hand-picked international experts that concludes there is a 'strong relationship' between lung cancer and the chrysotile asbestos mined in Canada. Official agency Health Canada received the report in March 2008. By October 2008 the panel chair, Trevor Odgen, was making public demands the report be released - but the document remained under wraps. Ogden, the British editor-in-chief of the Annals of Occupational Hygiene, described the delay as 'an annoying piece of needless government secrecy.' Canada has bankrolled the promotion of asbestos use worldwide. It had hoped the report would be supportive of safe asbestos use, but it appears the findings were not to its liking and were suppressed. Nonetheless, leaks from government ministers claimed, erroneously, the suppressed report was supportive of the government line. It took 10 months for the government to accede to an Access to Information request from a Canadian journalist and finally release the report in April 2009. Ogden said the panel found there is a 'strong relationship of exposure with lung cancer.' Another panellist, Leslie Stayner of the University of Illinois School of Public Health, said: 'I think the bottom line here is that all forms of asbestos cause both mesothelioma and lung cancer.' Professor Stayner was critical of Canada's 'safe use' argument to defend asbestos exports. 'My opinion, really, is safe use is a canard. 'We can't really believe that shipping these asbestos fibres to countries like India, that they're going to somehow magically use chrysotile in a way that is safer than we have in the West.'

  • Globe and Mail. Ottawa Citizen. ICEM news report.
  • A copy of the report, Chrysotile asbestos consensus statement and summary, by the Chrysotile Asbestos Expert Panel, can be downloaded from the Rideau Institute website [pdf].Rideau Institute 'Exporting harm' report [pdf].

Mexico: Court sides with danger mine owners

A Mexican mine where workers took industrial action in protest at horrendous safety conditions has been given permission by the courts to fire its staff. A Mexican arbitration board ruled on 14 April that Grupo Mexico can shut its largest mine and fire striking workers, saying they had damaged equipment. However independent experts from the US, who carried out a detailed health and safety audit at the Cananea mine, had earlier found safety and equipment standards were appalling - and that this was the fault of management at the mine, not the workers. The Maquiladora Health and Safety Support Network report confirmed the mine was in a terrible state of disrepair before the July 2007 strike by members of Los Mineros, the Mining and Metalworkers Union of Mexico. Los Mineros plans to appeal the board's decision and has vowed it will resist any attempt by federal police to remove the strikers from the mine. A blockade by some 1,000 workers in support of the Cananea workers hit a major Mexican port in recent days, holding up hundreds of containers. Union secretary Sergio Beltrán Reyess said: 'We are going to defend the mine, because it is a source of employment for Mexican workers and we will not let the authorities take our work from us. We are ready to face the federal and police forces and we hope we do not suffer any provocation that might lead to more martyrs in this fight.'

USA: Blast 'could have eclipsed' Bhopal

A US chemical plant explosion could have surpassed the 1984 Bhopal disaster, according to a report released this week by congressional investigators. The 28 August 2008 explosion at the Bayer CropScience Institute plant, in which two workers died, turned a 2.5-ton chemical vessel into a 'dangerous projectile' that could have destroyed a nearby tank of the deadly Bhopal chemical methyl isocyanate (MIC), according to the report by House Energy and Commerce Subcommittee staff. Committee investigators found that the tank that exploded, known as a residue treater, 'rocketed 50 feet into the air, twisting steel beams, severing pipes, and destroying virtually everything in its path.' The explosion 'came dangerously close' to compromising an MIC storage tank 80 feet away, congressional investigators concluded. Had the residue treater hit the MIC tank, 'the consequences could have eclipsed the 1984 disaster in India,' they concluded. John Bresland, chair of the federal Chemical Safety Board (CSB), told lawmakers his agency's investigators found 'significant lapses' in plant safety. Workers were not adequately trained in the use of a new system prior to its startup, Bresland said. He added: 'The practice of bypassing the safety interlocks was longstanding and was known to Bayer managers and engineers. But bypassing the safety interlocks made it much more likely to overcharge the vessel with Methomyl, which could lead to a catastrophic runaway reaction.'

Resources

Global trade and safety newsletter

Increasing numbers of workers around the world are employed by international companies, exploiting tax and regulatory exemptions to produce goods for export. Health and safety is frequently a casualty. The Maquiladora Health and Safety Support Network (MHSSN) newsletter - Border/Line Health & Safety - is the single best source on the issue. Maquiladora are foreign-owned production plants. MHSSN's work started with Mexican workers in the proliferation of factories just over the US border, but has expanded to coverage of the health and safety problems arising out of deregulated global trade worldwide.

Events and Courses

Workers' Memorial Day, 28 April, everywhere!

The world's largest health and safety event, the 28 April Workers' Memorial Day, has come round again. This year looks like being the biggest commemoration yet, with hundreds of thousands of workers in well over 100 countries from Mongolia to Malta marking the day with protests, vigils, rallies, training sessions, services, conferences and thousands of national, regional and local events. Workers' Memorial Day was started by Canadian unions and has since spread worldwide. Across the globe, two million are killed by their jobs every year. Work-related diseases and injuries kill more than wars, more than road traffic accidents. You can find out about events near you on the TUC and Hazards Campaign websites.

National Hazards conference, 10-12 July 2009

The National Hazards Conference, on the theme 'Making a better world of work possible', will take place in Manchester on 10-12 July 2009. The largest gathering of trade union safety reps in Europe, the conference will include the usual mix of top class speakers, workshops and socialising. Speakers this year including top US union safety official Nancy Lessin, who will look the green jobs agenda and how to make sure it is also a good, safe jobs agenda. Charley Richardson, who has worked with unions in North America and Europe, will look the impact on safety of the economic downturn and company restructuring, and how unions can respond.

  • Making a better world of work possible, National Hazards conference, 10-12 July 2009, University of Manchester. Hazards 2009 conference application form [pdf]. The deadline for application is Friday 19 June. Sponsor the conference [pdf].
  • Further details: Hazards Campaign, c/o Greater Manchester Hazards Centre, Windrush Millennium Centre, 70 Alexandra Road, Manchester, M16 7WD. Tel: 0161 636 7558.

Work stress conference, 21-22 November 2009

The UK National Work-Stress Network conference, which will run on 21-22 November, is a residential weekend event. It 'is open to health and safety representatives, shop stewards and union officers as well as those who have occupational health and safety at the core of their work.' The conference has a full programme of speakers covering the causes, effects, symptoms and costs of stress-related illness, management competencies and EU law. There will also be examples of successful legal and workplace challenges to workplace stress and bullying.

  • Stress - the 21st century epidemic?, UK National Work-Stress Network conference, 21-22 November 2009, Hillscourt Conference Centre, Rednal, near Birmingham. Further details and booking form [pdf].

TUC courses for safety reps

COURSES FOR APRIL TO JUNE 2009

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.
  • Subscribe to Hazards magazine, supported by the TUC as a key source of information for union safety reps.
  • What's new in the HSC/E and the European Agency.

Newsletter (5,200 words) issued 24 Apr 2009

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