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Number 404 - 2 May 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

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Union News

Trade Unions welcome government moves on Workers Memorial Day

The TUC and trade unions have welcomed an announcement by the government that it is looking at officially recognising Workers Memorial Day. In an announcement on Tuesday, Secretary of State for Work and Pensions, James Purnell confirmed that a consultation will look at how the day could be officially recognised in the UK. The Secretary of State said 'I would like to send my support to all those people around the world commemorating Workers Memorial Day. I want to look at how the UK could join the many other countries that officially recognise the day.The fact that some people go out to work and never return home to their families is a human tragedy. Workers Memorial Day is a mark of respect to those killed and injured at work and to the bereaved.' The consultation will run until the autumn and will also look at a lasting memorial to all those killed and harmed by work activity.' TUC General Secretary Brendan Barber said 'Workers' Memorial Day is a major event on the trade union calendar and is marked in hundreds of workplaces and by memorial services up and down the country, as well as by many local authorities. Official recognition of the day would acknowledge the terrible toll that work has placed on many families whose loved ones have been killed at work or more slowly through a disease caused by their work. It will also act as a reminder of the need to ensure that action is taken to ensure that such deaths are prevented in the future.'

Prime Minister praises union safety representatives

In a message released to mark Workers Memorial Day the Prime Minister praised the role that trade unions and safety representatives play in promoting health and safety. Gordon Brown said 'the British trade union movement has led the way in protecting the lives of people at work through Health and Safety Representatives. Their dedication has protected countless workers and their families from the consequences of deaths and injuries at work and I pay tribute to their tireless efforts on behalf of us all.' The message also reiterated that Workers' Memorial Day is an important day in the calendar each year. He stated 'It gives us a chance to commemorate those who have died as a result of their work and to think of the families and friends that have been left behind. We also think of those who have been seriously injured or made ill through work and reaffirm our commitment to supporting and protecting them. The theme of this year's Workers Memorial Day is 'Good Occupational Health for All Workers', and the Government is committed to achieving that. We must never be complacent and that is why we are committed to improving occupational health support. So let us remember those who have sadly lost their lives and renew our commitment to improving safety at work in the future.' Gordon Brown's comments were welcomed by TUC General Secretary Brendan Barber who said 'Today on Workers Memorial Day there are events and ceremonies taking place across the country marking the thousands of people who have lost their lives, become ill or been terribly injured as a result of their jobs. The safest workplaces in the UK are the ones where there are union safety reps to keep employers on their toes and who work with managers to keep their colleagues safe at work.'

Huge support for Workers Memorial Day

There were events held up and down the country for Workers Memorial Day this year. In most large cities and many small towns, trade unionists, the families of victims and civil leaders stood side by side to remember the dead. Some unions took the opportunity of highlighting specific issues on the day. Unite for instance raised the high death rate in agriculture, while transport workers focused on violence. In many cases the day was marked simply by a minute's silence in the workplace as union members got together to recognise the day when, across the world, unions not only remember those killed by work but also organise to make sure that they protect the living.

.... yet the deaths go on

Even on Workers Memorial Day at least two employees were killed through their work. In the North Sea a Cleveland man died after apparently falling from an oil platform. It was reported that Mr Lindsay was not believed to be wearing a lifejacket or any other safety equipment when he went missing. On the same day a man became trapped in a paper machine at Ivybridge mill in Devon. Emergency services were called to the mill on Tuesday evening after reports of a man being trapped in machinery. Two off-duty retained firefighters from Ivybridge fire station, who work at the mill, helped to rescue the man from the machinery and administered first aid but unfortunately he died. The HSE is believed to be investigating. Tony Burke, Assistant General Secretary of Unite said, 'This is another massive blow to the papermaking industry and Unite will be giving consideration to convening a meeting within the papermaking industry on the whole question of Health & Safety. Our condolences will be sent to our member's family and they will of course receive the full support of our Union.'

Rail unions campaign on violence

On Workers Memorial Day rail unions have highlighted the dangers faced by train drivers of attacks on trains. ASLEF has released details of attacks on trains that show that rail vandalism is a serious and potentially highly dangerous national problem. ASLEF's London officer Steve Grant says that the long-term solution must include improving fencing to 'keep morons away from rails'. In the interim he has called for increased police presence near the track involving helicopters as well as ground based officers. 'Our members have the right to work without threats of violence, just as the public have the right to protection,' Steve says. 'If no measures are taken to protect passengers and staff, we will consider suspending the service until they are adequately safeguarded.' The union says that the problem of hooligan vandalism needs to be tackled on a social level and must include the assistance of parents, teachers and community leaders as well as the police. Rail union, the RMT, leafleted main railway stations to show their concern over safety and security on Tuesday as part of an international day of action to mark Workers Memorial Day. The previous week 11 tube trains had to be taken out of action on the Central Line after being attacked in Acton by gangs of vandals with bricks in an horrific incident which underlines the two unions concerns that both staff and passengers are facing an increasing risk of physical assault. Bob Crow, RMT general secretary, said 'With the budget lining up at least £30 billion of public spending cuts over the coming years there is a real danger that safety and security on the public transport system will take a hammering. That means a real threat to life and limb for both staff and the public alike and the RMT are not going to sit back and wait for the next tragedy to happen. Cuts in services leave the public feeling angry and frustrated and too often it's our members, rather than the bosses and the politicians making the cuts, who end up as the punchbag. We're not having that.'

Unions welcome progress on Pleural Plaques legislation

Unions have welcomed the fact that a Private Members Bill, which is seeking justice for pleural plaques sufferers, has cleared its first Commons hurdle. In October 2007 the Law Lords ruled that pleural plaques should no longer be compensatable. Since then unions have been campaigning to get the Law Lords' decision overturned. The Damages (Asbestos-Related Conditions) Bill tabled by the Labour MP Andrew Dismore has today (April 24) passed its second reading. The Bill will now proceed to committee stage. While responding to Mr Dismore's Bill, junior Justice Minister, David Hanson, confirmed that the Government was 'looking at legislative redress' on the matter. Alan Ritchie, General Secretary of construction union UCATT, said: 'It is good news that the Bill will progress through Parliament. It underlines the strength of feeling there is on this issue. However we should not be relying on a Private Members Bill to resolve such a serious situation.' The Scottish Parliament has already passed legislation to overturn the Law Lords' decision north of the border. However this week the insurance industry launched a judicial review in an attempt to overturn the new Scottish law.

Get ready for Pandemic Flu

The TUC has reminded unions that they should ensure that their employers have an action plan for dealing with any possible outbreak of pandemic flu. The warning came as the World Health Organisation stated that there is a "strong signal that a pandemic is imminent". This follows an outbreak of a new strain of flu in Mexico which contains genes from a mixture of human swine and avian flu. At the same time the UK Government launched an advertising campaign to help prevent swine flu's spread. The TUC's Hugh Robertson told unions. 'At the moment we have not reached the level where there is a pandemic and we should not panic, but there is no excuse for employers doing nothing. The signs are that there is a serious risk of a pandemic developing in the coming months which could have a major effect on people's ability to come to work. Trade unions and employers, working together, can make a significant difference in ensuring that the effects of a pandemic are minimised, that the workforce are educated and informed on transmission issues, and in helping ensure there is no panic. Unions will also have a major part to play in ensuring that those workers who are ill as a result of infection stay at home and do not come in to work either through misplaced loyalty or employer pressure. In addition, it is important that the effect of any pandemic does not hit those who are more vulnerable hardest, such as the low paid, those who don't have permanent employment or sick pay schemes and those who have dependents.' The TUC has issued new guidance and asked all safety representatives to ensure that their employer has an agreed action plan to deal with a possible outbreak. It has also said that it will be issuing further guidance as and when the situation develops, but in the meanwhile safety representatives should check the Health Protection Agency and HSE websites for up-to-date and authoritative information.

Enforcement notices issued on Fire Service

The HSE has issued two safety improvement notices on Hertfordshire Fire and Rescue Service after an inspection by the Health and Safety Executive. The service has been told it must improve its training four years after two of its men died fighting a tower block fire in Stevenage, Hertfordshire. The HSE found breathing apparatus procedures were not followed after the blaze at Harrow Court in 2005. The HSE have said there will be no prosecution over the deaths, but it did carry out an inspection on 23, 25 and 26 March 2009. The HSE letter to the fire service states: "The investigation into the Harrow Court incident identified a number of failures, consequently the focus of the inspection was the service's management of health and safety and specifically looking at training and competence." It also highlights the importance of refresher training for staff using breathing apparatus. The Fire Brigades Union has welcomed the move by the HSE designed to improve the health and safety of firefighters across the County. It says some of the issues raised now needed to be addressed very urgently. Tony Smith, FBU Herts Brigade Secretary said: 'While the HSE is not proceeding with a prosecution, the Improvement Notices are very important and very significant. Two fellow firefighters died at Harrow Court, Stevenage, and it is very critical that the lessons learned from that tragedy are fully addressed. We welcome the intervention of the Health and Safety Executive, to ensure all lessons learned from that tragedy are acted upon. Firefighters work in very hazardous situations where health and safety is more important, not less important. Our job is to protect lives, property and the environment and we want to do that safely so we can return to our families at the end of our working day. In the last few years we have lost three firefighters from one watch at Stevenage in two separate incidents. The Fire Brigades Union looks forward to working with Hertfordshire fire service to help address the issues identified by the HSE." Matt Wrack, FBU General Secretary said: "Although these Improvement Notices are served on Hertfordshire they have national implications. Other fire brigades across the UK should also now be making sure they can satisfy the expectations of the Health and Safety Executive."

No agreement on ending long hours culture

Attempts by the European Parliament to end the UK opt-out from parts of the working directive failed when they were unable to reach agreement with European ministers. However British and European trade unionists said they would continue to fight for adequate minimum standards on working time in Europe. ETUC General Secretary John Monks said: 'This is certainly not a victory for social Europe. We regret that it was not possible to reach an agreement that would have meant genuine social progress in Europe; for that, the individual opt-out should have clearly been put on hold and be recognised as a temporary exception that does not have its place in health and safety legislation. Also, the situation of the millions of European workers with on-call duties in sectors such as healthcare should have been properly safeguarded. Meanwhile TUC General Secretary Brendan Barber said 'We are disappointed that another opportunity has been missed to end the UK's dangerous long hours culture. Long hours cause stress, illness and lowers productivity. And when many employers are moving to short-time working, the need for an opt-out of the 48 hour week is even more out of date. The UK Government still needs to tighten the law on working time, otherwise the EU could take it to court in order to protect UK workers from abuse of the 48 hour week.' In response however the government claimed that the failure to reach agreement was somehow to the benefit of workers. Business Secretary Lord Mandelson said: "Millions of people are better off because of the opt-out and I am relieved we have been able to resist its removal." The TUC has also published ten myths about working time that it believes have had too much influence on the debate so far.

Other news

Who pays for employers failures?

A new report has shown that those responsible for occupational injuries and diseases only pay a tiny fraction of the cost. 'Who pays? You do', by Stirling University's Professor Rory O'Neill, concludes that thousands of lives each year could be saved if businesses were prevented from 'cost shifting' onto individuals and society the real bill for work-related ill-health. The research shows that at best 25 per cent of the cost of occupational ill-health and injuries is borne by business, yet businesses create 100 per cent of the risks that caused the problem. The report is also highly critical of the British Chambers of Commerce (BCC). BCC's '2009 Burdens Barometer', published last month which targets 10 workplace safety regulations covering working time, chemicals, asbestos, explosives, biocides, work at height, vibration and noise, as well as occupational exposure limits and the corporate manslaughter act and claims these cost businesses £2.2bn a year. However the total bill for industry's occupational health and safety failings could be well in excess of £30bn each year. Professor O'Neil stated: 'The business lobby bleats continually about the 'burden' of health and safety regulation, but the burden of lax workplace safety standards is carried almost entirely by sick and injured workers, bereaved families and the public purse. 'The reason 1,000 people in Britain die in work-related fatalities each year and tens of thousands die of occupational diseases, is not because businesses pay too much, but because they pay too little', he says. ''Cost shifting' of the bill for occupational injuries and diseases means business creates the problem and individuals and the public purse pick up the tab. While firms evade the true costs of the harm for which they are responsible, deadly conditions will persist in Britain's workplaces.'

First charges under Corporate Manslaughter Law

For the first time charges have been brought under of the Corporate Manslaughter and Corporate Homicide Act 2007. The Crown Prosecution Service authorised a charge of corporate manslaughter against Cotswold Geotechnical Holdings Ltd in relation to the death of Alexander Wright in September 2008. Mr Wright who worked for the company died when he was taking soil samples from inside a pit which had been excavated as part of a site survey when the sides of the pit collapsed crushing him. The company has also been charged with failing to discharge a duty contrary to Section 33, Health and Safety at Work Act 1974.In addition, Peter Eaton, a director of the company has been charged with gross negligence manslaughter and with an offence contrary to Section 37, Health and Safety at Work Act 1974. Kate Leonard, a CPS lawyer said: "Under the Corporate Manslaughter and Corporate Homicide Act 2007 an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the person who died. A substantial part of the breach must have been in the way activities were organised by senior management. I have concluded that there is sufficient evidence for a realistic prospect of conviction for this offence." Mr Eaton will appear at Stroud Magistrates' Court on 17 June.

Director fined for health and safety death

A north-west company director has been fined after the death of an employee. George Robertson Graham, the senior partner at Carlisle company Auto Recoveries was fined £100,000 and ordered to pay £20,000 in costs by Carlisle Crown Court. Graham pleaded guilty to an offence under the Health and safety at Work Act for failing to have a safe system of work in place and not performing an adequate risk assessment. In May 2006, two workers were moving a five-tonne hydraulic press brake when it toppled over and crushed one of the workers, Mr Mullen, who died of multiple injuries. An investigation discovered that the machine was top heavy and was likely to be unstable, which meant the system of work for moving it was not safe. Following the conviction the HSE have reminded employers of the importance of risk assessments. Steve Smith, HSE inspector, said "There had not been any special arrangements made through risk assessments, formalised systems of work, specially designed equipment or training of the employees involved."

Government to review blacklisting

Following revelations that many construction companies have been subscribing to a blacklisting service Risks 397 that includes information on safety representatives in the industry, the Government has confirmed that it will urgently review whether to outlaw blacklisting after allegations of its widespread practice in construction. In March the Information Commissioner revealed that details of over 3,000 people were held on a secret database that more than 40 construction companies were using. Speaking at Prime Minister's Questions Brown said: 'I am very concerned by the evidence that has been uncovered by the information commissioner. Given there is new evidence suggesting its emergence, we are looking urgently at what we can do.' The 1999 Employment Relations Act already includes provisions to make blacklisting illegal. But the government has, in the past, refused to enact them, claiming that blacklisting was not a significant problem.

Company fined after fall

Two companies were last week fined after a self-employed roofer fell and injured himself due to shoddy scaffolding in 2007. At Sheffield Crown Court Pinnacle Scaffolding Ltd of Stockton on Tees, Cleveland, were fined £27,000 and ordered to pay costs of £6,000, while L J McLaren Engineering Ltd of Wooler, Northumberland, were fined £10,000 and ordered to pay costs of £3,000. Both firms pleaded guilty to breaching Regulation 8(a) of the Work at Height Regulations 2005. According to the HSE, the incident involved a roofer who was sheeting the roof of a new factory under construction at Whaley Road, Barugh, Barnsley. The scaffolding at the roof edge did not comply with the requirements for collective fall protection and the man was able to slide between the scaffolding and the roof surface. As a result, he fell 25 feet, breaking his arm and sustaining facial injuries. The Health and Safety Executive (HSE) have now issued a safety alert to employers in the construction industry to the dangers of failing to provide adequate protection for people working at height after a man fell 25 feet from a roof. HSE Inspector David Bradley said: 'On this occasion the roofer is lucky to be alive, although he has sustained significant damage to his arm and has not worked since the incident. The standards required for roof edge protection are clearly defined in the Regulations and straightforward to implement. The construction industry is one of the country's biggest, employing over two million people. It is also one of the most dangerous, with 34 of the 72 worker deaths in 2007/8 resulting from a fall from height. On top of this, over 4,000 major injuries such as broken bones or fractured skulls are reported to HSE every year by the construction industry, half of them involving falls from height, which are easily preventable.'

International News

Global response to Workers Memorial Day

The International Trade Union Federation estimates that over 14 million people took part in some 10,000 activities across the world last Tuesday, the International Commemoration Day for Dead and Injured Workers. Over 2.2 million workers die each year from work accidents and disease, and some 160 million more are injured or become ill. The event was marked more widely than ever with 45 countries reporting major events for the day. In the United States the new administration showed that it was now prepared to give some form of recognition to the day when Federal Labor Secretary Hilda Solis joined workers, union leaders, elected officials and college staff to commemorate Workers Memorial Day to break ground for a new national workers memorial at the National Labor College (NLC) campus in Silver Spring, Maryland. ITUC General Secretary Guy Ryder said 'Laws protecting workers' health and safety in many countries are weak or poorly enforced. Negligence by employers who fail to ensure their workplaces are safe and healthy is the main cause of the appalling toll of death and disease, and we fear that the global economic crisis will only make matters worse, as employers seek to cut costs even further. Prevention is the only answer, and that requires employers to invest in safe and sustainable work, and proper legislation and enforcement by governments. Trade union organisation provides a first line of protection for workers, and violation of these rights means more deaths and injuries.'

USA: Heatstroke death charges brought

Unions in the USA have welcomed a landmark decision to charge three farm labour contractors with involuntary manslaughter in the death of a pregnant teenager who collapsed from heat stroke after working in a sweltering vineyard last year. San Joaquin County District Attorney James Willett announced the charge Thursday in the case of 17-year-old Maria Vasquez Jimenez, who authorities say died May 14 because she lacked access to shade and water as she pruned white wine grapevines for more than nine hours in nearly triple-digit heat at a Central Valley vineyard. The former owner of Merced Farm Labor, the former safety director and a former supervisor were charged with involuntary manslaughter and other charges. It was reported that after the victim collapsed, her fiancé, Florentino Bautista, said Vasquez Jimenez's supervisor recommended she rest in a hot van and be revived with rubbing alcohol before Bautista could take her to a Lodi medical clinic, almost two hours later. Doctors later realized she was two months pregnant. Relatives said she was making $8 per hour that day on a 9.5-hour shift, which is more than four hours over the state limit for minors working during business days. The United Farm Workers Union applauded the District Attorney's decision to prosecute the case, but claimed that violations occur every day and nothing is done. They report that last year five other farm workers died of heat-related causes after Maria's death. Complaints regarding lack of drinking water, shade and work breaks to make use of these simple but lifesaving measures are an everyday occurrence for farm workers. Meanwhile State Governor Arnold Schwarzenegger said officials were stepping up enforcement to protect workers from heat-related illness. So far this year, state officials say they have conducted 380 heat safety inspections and have cited 145 businesses for not having heat-illness prevention plans in place. 'Worker safety from heat illness must and will be protected in California, and I applaud the San Joaquin County District Attorney's office for their actions today.' Schwarzenegger said. 'Every single worker in California is valued and must and will be treated that way in the workplace.'

EU asks for views on Nano-risks

The EU Commission has launched a public consultation on the potential risks emerging from the use of nanomaterials in the future. Following a recent conference held in Brussels and a growing campaign by European trade unions on the need for more research into the risks that nano-particles pose, the Commission has launched a Europe-wide consultation on the potential risks. Unions have complained that the European Commission is overly complacent and that the EU should, in any case be following the line of the British HSE and demanding a precautionary approach to work with nanomaterials. There have also been calls from the ETUC for changes to the chemical regulations, REACH, to ensure that they more fully cover nano-materials. In addition to the consultation, the Commission isorganising a one-day scientific hearing, which will take place on 10 September 2009 in Brussels.

Global: Journalists get safety training through union.

The International Federation of Journalists (IFJ), and the Federation of Arab Journalists (FAJ), have got together to help organise safety and traumatic stress management training to journalists from the embattled Gaza Strip. The course taught basic battlefield first aid skills and physical risk assessment as well as how to handle the high stress they face on almost a daily basis in a situation of danger from which there is no escape. Included in the training, provided free of charge, were aspects of pre-deployment and emergency planning, how to avoid becoming a target, different types of attacks and their effects, including white phosphorus, unexploded ordnance, home and office security measures, how to assess a casualty, treat wounds, broken limbs, and burns. All participants were given personal first aid kits. In the past three months at least four Palestinian journalists have been killed and many more have been injured. At the same time several buildings housing the media have been bombed. One of the journalists on the course was wounded in a bombing and expressed his appreciation for the training. Rodney Pinder from the International News Safety Institute said 'We are delighted at last to be able to provide this help to an incredibly brave group of journalists. Gaza journalists and support staff operate under incredibly dangerous conditions to bring the pictures and story of the conflict to the world. They desperately need to know how to protect themselves. Professional safety training is vital before more lives are lost.' Aidan White, IFJ General Secretary added "Safety training is vital for journalists working in hostile environments and nowhere else are conditions as challenging to journalists as in Gaza. We are delighted that our colleagues have completed the training and grateful to the FAJ for having made it possible."

Resources

Disability

The TUC has issued advice on dealing with discrimination cases following recent court cases which have limited the scope of the Disability Discrimination Act as it applies to employment cases. This has implications for the handling of long-term sickness absence cases, and the TUC advice seeks to help unions deal with these.

New Safety Law Poster

Employers can throw away that old yellowing health and safety law poster that has been pinned up on a notice board for the last twenty years. The HSE have produced a new, simpler, more eye-catching version which aims to give the information in a much clearer way, while at the same time ensuring that workers know their basic rights to both have a safe workplace and to be consulted. The new poster was developed with the involvement of trade unions who were eager to ensure that the important messages that the previous poster gave were not lost, but at the same time were presented in a clearer, more readable, form.

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

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 (5,500 words) issued 1 May 2009

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