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Number 413 - 4 July 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 17,000 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

TUC calls for cool workplaces

The TUC has called on employers to relax office dress codes and cool down their overheating offices and their sweltering employees. The plea, as temperatures soared to in excess of 32 degrees celsius, included urging managers to allow staff to loosen their ties and leave their jackets at home. The TUC is hoping most employers will adopt a more relaxed approach to office attire - if only for the hottest days of the summer - and help make work more bearable for staff. Employers who provide their staff with a cool and comfortable work environment are going to get more out of them when it's hot, the union body says. Workers who are unable to dress down into more appropriate summer clothing and who work in offices without air-conditioning, fans or a plentiful supply of cool drinking water are going to feel lethargic, and lack inspiration or creativity, it adds. TUC general secretary Brendan Barber said: 'Allowing employees to dress down in the current heatwave will prevent them from collapsing at their desks, and could also save companies money as they are able to turn down the air con a notch.' He added: 'Employers have got to remember that it's no fun working in a baking office or factory and they should be doing all they can to take the temperatures down. Clearly vest tops and shorts are not suitable attire for all front line staff, but those not dealing with the public should be able to discard their tights, ties and suits and opt for more summery clothing this week.' At the request of the work and pensions secretary, the Health and Safety Executive (HSE) has instigated a review of workplace temperature problems and measures to address them. A workplace temperature forum will take place in London on 23 July.

Usdaw wants work temperature ceiling

Foodworkers' union Usdaw is turning up the heat on Britain's stifling workplace temperatures. The union is campaigning for a maximum temperature to be enshrined in law, to protect thousands of Usdaw members during the summer months. It says a minimum temperature law already exists, but the absence of a legal maximum means many employees are forced to work under sweltering conditions that can be damaging to their health. Usdaw says a new Health and Safety Executive (HSE) review of the regulations on workplace temperature came as the result of the union's approaches to ministers. It is now gathering evidence from its members to feed into the consultation. Usdaw member Julie Risk was recently awarded damages after collapsing at work due to heat exhaustion. Julie said: 'Collapsing at work because of the heat was a nasty experience and put me out of action for two weeks.' She added: 'I think that making it illegal to have temperatures too high will help to make sure that companies give it a higher priority, which can only be a good thing.' Usdaw general secretary John Hannett commented: 'I am personally hopeful that a maximum workplace temperature will be put in place by the end of this year so that, next summer, workers will be able to work comfortably and in the knowledge that they are protected in law. With rising temperatures being predicted over the coming years, it is even more important that we recognise this as an issue and take action for the good of working people.'

Restructuring is a risk to workers' health

Company restructuring can seriously harm workers' health, research backed by public sector union UNISON has found. The union helped prepare a 'Health in restructuring' report supported by the European Commission. It is calling on organisations to put a UNISON five-point action plan into place, including risk assessments to investigate possible health impacts of organisational change. The research shows that workers who take part in restructuring are 2.5 per cent more likely to get ill, with workers who lose their jobs and workplace survivors both affected. An organisation's efficiency is also likely to suffer, the research found, as workplace restructuring triggers increased absence, a rise in injury and accident rates and a wide variety of depressive disorders. Greg Thomson, UNISON's national development manager and the report's co-author, said: 'Restructuring can also have an impact on the family and friends of those affected, as it may involve relocation as the only option to retaining the post. This can be expensive, lonely and disruptive for the family as a whole. We are urging employers to follow our five-point plan to prevent health and safety issues.' The union plan calls on employers to: be open about any proposed restructuring and to consult properly; provide access to counselling; treat workers fairly, using a transparent process and compensating properly those who lose their jobs; take into account the negative side effects of restructuring; and provide lifelong learning to help workers find other jobs more easily.

Bonuses are safe with Network Rail

Rail union RMT has slammed Network Rail bosses for 'putting bonuses before public safety.' The charge came after the union received a point blank refusal from the company to a request for the publication of risk assessments relating to the deferral of 28 per cent of their track renewals programme in the drive to slash nearly £3 billion from its budget. RMT first requested the risk assessments, which would outline the dangers to the travelling public and rail workers from the shelving of essential track renewals, on the 20 March 2009. The union has asked repeatedly for publication of the risk assessments over the past three months, but this week received a letter from Network Rail chief executive Iain Coucher confirming that they will not be made available. RMT is now taking legal advice. Speaking this week from the RMT's annual general meeting, RMT general secretary Bob Crow said: 'Just days after the news broke that Network Rail bosses are to receive massive bonuses they have been caught out trying to hide key safety information from the public and from rail staff on the implications of their decision to defer 28 per cent of rail renewals. There is no question that the bonuses are taking priority over rail safety and that's a disgrace.' He added: 'Network Rail have used every trick in the book to keep this safety information out of the public domain and RMT wants to know what they've got to hide. We will use legal and parliamentary channels to drag this information out into the daylight. RMT is in no doubt that the deferral of trail renewals makes another disaster like Hatfield, Potters Bar or Grayrigg more likely and that's why we are determined to force Network Rail to publish their risk assessments.'

Dog laws need more teeth

Unions have welcomed a proposed law which would help protect workers from irresponsible animal owners. Public sector union UNISON and post union CWU welcomed Angela Smith MP's Ten Minute Rule Bill aimed at amending the Dangerous Dogs Act. The unions say the current law leaves thousands of district nurses, utilities, postal and other workers vulnerable to savage dog attacks. They have joined forces with organisations including the RSPCA, the Dogs Trust and the Metropolitan Police to push for a law with more teeth. Dave Prentis, general secretary of UNISON, said: 'Most dog owners are responsible but dangerous dogs need to be brought under stricter legal control. It is appalling that district nurses, utility workers home care and social workers among others, run the risk of being attacked by these animals when visiting clients at home. Dog attacks can result in serious debilitation and disfiguring injuries and can also be the cause of high levels of stress.' Commenting on the Labour MP's draft law, Billy Hayes, CWU general secretary, said: 'Angela Smith's Bill comes not a moment too soon. The dangerous dogs laws in the UK currently leave thousands of postal workers at risk from debilitating dog attacks with no legal right to pursue damages or to have action taken against dangerous dogs and their owners.' He said 70 per cent of the 6,000 dog attacks on postal workers each year occurred on private land, where the current law does not apply. 'The CWU's view is a simple one that if a person wishes to own an animal, particularly a dog, then they have a duty to ensure that it doesn't cause personal injury and damage,' he said. CWU has criticised government plans to 'water-down' another piece of legislation, the 1971 Animals Act, a move it says would make it more difficult for victims of animal attacks to secure compensation from animal keepers and the owners of dogs.

Union treatment for broken bones

Breaking a bone at work is never a good experience, but at least union members end up with compensation. Radiographer Kathryn Knight, 23, who broke her ankle while working has received a £3,000 payout after suffering the injury at Bradford Royal Infirmary in May 2008. The new employee was pulling a screen, used to give patients' privacy, along a corridor in the radiology department when a wheel hit her left ankle causing it to break. Kathryn had never been trained on how to move the heavy screens properly, which should have been pushed, not pulled. With the help of her union, the Society of Radiographers (SoR), she obtained the compensation after Bradford Teaching Hospital NHS Trust admitted liability and settled the claim out of court. Film extra Jeff Lipman, 48, suffered an elbow fracture working on The Flood, an apocalyptic drama about global warming. He was acting out a violent scuffle when he was pushed too hard by a colleague and he tripped over a discarded blanket. The self-employed actor was unable to work for seven weeks and had to have surgery on his arm. With legal back up from his union BECTU he received an undisclosed payout after Flood Productions Ltd admitted liability and settled the claim out of court.

Work stops you exercising

The health of two out of three adults could be at risk as a result of too little exercise, with many claiming they are too busy at work to stay fit, according to a union report. A study by the Chartered Society of Physiotherapy (CSP) found almost two thirds of survey respondents believed they were not getting enough exercise. The most common reason for not taking regular exercise was work commitments. Over half (53 per cent) said they would take more regular exercise if they could fit it into their existing daily routine. And over a third of all respondents (35 per cent) to the physios' union survey said they don't take regular exercise because they are too busy with work. Two out of five people admitted they got out of breath walking up stairs, with women appearing to be less fit than men, the report said. CSP spokesperson Bridget Hurley said: 'Regular physical activity is as important as eating five portions of fruit and vegetables a day, and people need to understand that you can't keep putting it off. Without sufficient physical activity you increase your risk of life-threatening illnesses.' The CSP published the survey findings to coincide with the launch of its new 'Move for health' campaign aimed at encouraging people to be more physically active. Hazards magazine last year warned that over-stretched workers were increasingly being labelled 'sickos, shirkers and slobs', but did not have the time or energy thanks to their jobs to make healthy lifestyle choices.

Other news

Business wants less time on safety compliance

A business lobby group thinks it is not worth spending 15 minutes a day of a single manager's time on health and safety. The Forum of Private Business (FSB) 'Referendum survey' ranks health and safety second on its regulatory burdens list after 'employment red tape.' It estimates small and medium-sized companies face an annual bill of £2,072 million in time and money spent on health and safety guidelines. It says it wants the 37 hours each month small businesses spend 'complying with regulations' to be slashed. The hours total includes 8 hours a month on health and safety, or just one-person shift per month for the whole firm. FPB's policy representative, Matt Goodman, said the government's Better Regulation Executive (BRE) 'must continue to put the smallest businesses at the forefront of its plans to change the culture of bureaucracy in the UK.' He added: 'Our research shows that complying with red tape remains one of the major cost burdens facing smaller businesses, swallowing up valuable time and money that could be used more profitably elsewhere.' The report's estimated annual 'bureaucratic burden' of health and safety to small and medium sized business of approaching £2.1 billion compares to the £2.2bn estimate for all businesses published by the British Chambers of Commerce (BCC) in March. The BCC figure excluded the benefits that accrue to business, which Hazards magazine calculated far exceed any costs. The magazine calculated that less than a quarter of the cost of occupational injury and disease was borne by employers. Instead, business externalises the costs, with the taxpayer, victims and their families picking up most of the tab.

What does the ICL blast report really say?

A report of the independent inquiry into Glasgow's deadly ICL plastics explosion has been handed to ministers of the UK and Scottish governments. However, campaigners have expressed concern that comments on the report's findings from work and pensions secretary Yvette Cooper and Scottish justice minister Kenny MacAskill were made this week while Lord Gill's report remains under wraps. Commenting on the report into the May 2004 blast that killed nine workers and injured 33, Yvette Cooper said the 'recommendations in the report are for an improved safety regime for liquefied petroleum gas (LPG), that seeks to minimise the risk of such an incident recurring in the future.' Kenny MacAskill said 'bereaved and injured core participants made clear that the process enabled them to gain a clear insight into what caused the explosion and that they feel that the truth of what happened has been exposed.' A statement from campaign group Families Against Corporate Killers (FACK), which includes relatives bereaved in the blast, expressed concern about the emphasis on LPG safety. It said this suggested the inquiry had been 'a tragic wasted opportunity' to examine wider safety and regulatory issues. It added: 'We cannot comment on the report as it has not yet been published and of course we would expect that out of sheer courtesy and common decency that the families of those killed and injured will be given the opportunity to see the report as soon as possible and before any conclusions are drawn.' The statement said families did not know if the truth had been exposed by the inquiry, because none 'have had sight of the report, let alone time to read and digest it and to see if it does in fact answer their questions.' Ministers say the full report should be released before the end of July.

Director fined over bus driver death

The former managing director of a Sussex bus firm has been fined £5,000 for health and safety failures that led to the death of one of his drivers. Roy Trundell, 62, died after he was crushed between two vehicles on 4 September 2006 at the depot he worked from in Eastbourne. Stephen Barnett, of Eastbourne Buses, was also ordered to pay £5,000 costs. The judge at Brighton Crown Court fined the company, which has since been bought by Stagecoach, £100,000 with an additional £135,000 costs. Following an agreement between the two companies, Stagecoach will pay the fine. Judge Tain said: 'Whilst the company was in no sense putting profit before safety, it was as if in this era, they hadn't caught up with health and safety matters.' Mr Trundell was caught between his bus and a reversing vehicle and died from his injuries. The Health and Safety Executive (HSE) concluded that Eastbourne Buses did not have an adequate traffic management plan in place, with no 'banksmen' to watch vehicles reversing, and drivers regularly walking around vehicles leaving them exposed to injury. Widow Mary Trundell, who was in court with her son Nicholas and daughter Caroline Hart as the sentences were read out, said; 'It has taken three years to get this far. Roy had been a driver for 37 years and he knew how to keep safe. We got out of this case that our husband and dad was not to blame at all.' HSE principal inspector Russell Adfield said: 'The tragic death of Roy Trundell resulted not so much from a failure to follow rules, but rather a lack of rules to follow. The policies and procedures at Eastbourne Buses Ltd were confused and inconsistent.' He added: 'This environment gave rise to bad practice and danger - a situation overseen by Stephen Barnett the managing director. Had the recommendations of previous advisers and consultants been properly understood, implemented and enforced - then this tragic incident may never have occurred.'

Boss to face scrapyard death charges

A scrapyard general manager is to face a manslaughter charge over the death of an employee four years ago. Robert Owen Roberts is to appear at Flintshire Magistrates Court in Mold on 25 August to face charges of manslaughter and a breach of the Health and Safety at Work Act 1974. The Deeside Metal boss was responsible for the day to day running of the waste recycling yard. On 12 April 2005, 37-year-old Mark Wright died from 90 per cent burns and inhaling high temperature gases after being told to crush 3,500 aerosol canisters in a baling machine. Crown Prosecution Service (CPS) spokesperson Tim McAtackney said: 'The Crown Prosecution Service has authorised charges of gross negligence manslaughter and breaching Section 7 of the Health and Safety at Work Act 1974 against Robert Roberts in relation to the death of Mark Wright in April 2005.' He added: 'Following a recent review and the receipt of further evidence in May, the CPS lawyer decided that there is sufficient evidence for a realistic prospect of a conviction and it is in the public interest to charge Mr Roberts.' During the inquest into Mark's death in February this year, it was revealed the canisters could still have contained at least 19.6kg of propellant. His parents, Dorothy and Doug Wright, are founder members of the campaign group Families Against Corporate Killers (FACK).

Lords widen work disability definition

More employees with disabilities will now receive protection from discrimination following a landmark ruling by the House of Lords involving a woman with a work-related health problem. The Lords found that people with a physical or mental condition which varied in its severity over time should still be termed disabled under the Disability Discrimination Act if it was likely their condition would become substantial again in the future. The Equality and Human Rights Commission (EHRC) intervened in the case to argue that people with medical conditions that they managed themselves but that varied in severity over time, should be entitled to the same legal protection as those whose conditions were more stable. The case was brought by Elizabeth Boyle who alleged she had been discriminated against by her former employer of 32 years, SCA Packaging. She had developed vocal nodules which she managed with a strict regime including speech therapy and only speaking very quietly. Mrs Boyle began her legal action nine years ago after her employer developed plans to remove partitions near her desk despite opposition from Mrs Boyle and her surgeon, who argued she would have to speak louder because of an increase in background noise. The company argued Mrs Boyle was not disabled as her condition no longer had an adverse effect on her life. Lord Hope said the case was important for people with intermittent conditions who needed protection under the law. He said that these people included 'those suffering from conditions such as diabetes or epilepsy whose disability is concealed from public view so long as it is controlled by medication. Their disability is insidious. The measures that are taken to treat or correct it, so long as they are effective, enable them to carry on normal day-to-day activities just like everyone else. But the disability is there nevertheless.' Vocal nodules can lead to occupational voice loss and are a particular problem for workers using their voice for a living, including teachers, call centre workers and performers.

Body lead load linked to dementia

Older adults with higher amounts of lead in their bones exhibit greater memory impairment than adults with low lead levels, researchers have found. In a study of men and women aged 55 to 67 years, higher lead levels were associated with poorer performance on tasks used to assess memory deficits. Although other studies have found associations between lead exposure and cognitive deficits in older adults, this is the first study to link lead exposure with specific measures of memory impairment that are characteristic of Alzheimer's Disease. The researchers measured lead levels in the bones of the shin and heel of 47 volunteers using X-ray fluorescence. Lead levels in bone reflect exposure over several years or even decades. Individuals with higher bone lead levels were less able to remember specific patterns or the locations of items. Raised bone lead levels have been linked to a range of chronic health problems, including diminished brain function, kidney and heart disease. Many of these occur at levels a fraction the UK exposure limits. Over 8,000 workers in the UK are monitored for lead exposures at work each year, but only blood lead readings are obtained. These can be useful in identifying acute poisoning cases, but have no use in detecting chronic health problems. Diseases related to lead exposure can be the result of a cumulative dose over years, often occurring in later life, something that cannot be identified in blood tests but is apparent from bone lead tests.

  • Environmental Health News. E van Wijngaarden, JR Campbell and DA Cory-Slechta. Bone lead levels are associated with measures of memory impairment in older adults. Neurotoxicology, published online 2009. doi:10.1016/j.neuro.2009.05.007.

International News

Australia: Bullying blamed for apprentice suicide

The suicide of a teenage apprentice, tormented while working for a state government contractor in New South Wales, Australia, has highlighted the problem of workplace bullying. Alec Meikle, 16, was an apprentice with rail contractor Downer Edi, where his workmates threatened to rape him and set him on fire. He was so traumatised by the abuse that Workcover, the state's safety enforcement and compensation agency, started paying him compensation before he took his own life last October. The federal government alerted the NSW state government to Alec's case as it opened an inquiry into the bullying of children and young people. The inquiry will now also look into bullying of apprentices and trainees, with both levels of government now looking at ways to fight the problem. Last year, Hazards magazine warned that Australian and Japanese comparisons suggested there could be between 100 and 250 occupationally-related suicides in the UK each year.

Canada: Most mesothelioma cases unreported

Fewer than half of the Canadian workers diagnosed with the asbestos related cancer mesothelioma file claims for workers' compensation for the condition, according to a study published in the American Journal of Industrial Medicine. Research leader Marilyn Cree and her colleagues studied the 568 mesothelioma cases that occurred between 1980 and 2004 in the province of Alberta. All of the patients had a confirmed diagnosis of mesothelioma in the Alberta Cancer Registry, yet only 42 per cent of the workers' compensation claims listed mesothelioma as the diagnosis. 'Once we determine why patients aren't filing, we can develop and implement strategies to increase rates,' Dr Cree said. One such programme, conducted in 2005 by the British Columbia Cancer Agencies, sent letters to physicians of all patients with newly diagnosed mesothelioma. The goal of this programme was to increase doctor awareness, although the success of the programme has yet to be assessed. In the UK, there is a similar gulf between the number of workers dying from mesothelioma in any given year and the number of compensation claims.

  • MW Cree, M Lalji, B Jiang and KC Carriere. Under-reporting of compensable mesothelioma in Alberta, American Journal of Industrial Medicine, volume 52, pages 526-533, 2009 [abstract]. Surviving Mesothelioma.

France: Cameraman death leads to fines

French film director Luc Besson's production company has been forced to pay £85,000 after a Paris appeals court found executives responsible for the death of a cameraman on the set of Taxi 2. Alain Dutartre, 41, died after he was struck by a car when a stunt went wrong in 1999. Besson's firm EuropaCorp was cleared of all charges when Dutartre's family took them to trial in 2007. Instead, veteran stuntman Remy Julienne, was held solely responsible for the botched scene and handed a suspended 18-month prison sentence and fined £11,000. But the Paris court of appeal this week reversed the ruling and found EuropaCorp guilty of manslaughter. Julienne's suspended sentence was reduced to six months, and his fine was slashed to £1,700. He was ordered to pay the victim's family £50,000 damages. EuropaCorp producers were criticised for rejecting Julienne's offers to trial the car scene in question, a precaution that would have upped his bill but which the stuntman claims would have prevented the tragedy. During the botched scene, a stunt car fitted with special foils to make it briefly lift off the ground came speeding out of a tunnel and became airborne. Intended to land in a pile of cardboard, the car sailed past its mark and hit Mr Dutartre, who died hours later of massive head injuries. The Taxi series of police action movies, filled with extravagant stunts and rapid-fire banter, have been huge box office hits in France.

USA: Three asphyxiated in NY recycling plant

Three workers died in a liquid-filled hole at a privately operated New York waste transfer plant this week, apparently after being overcome by toxic fumes. The New York City fire department said the victims were father and son 49-year-old Shlomo Dahan and 23-year-old Harel Dahan of Brooklyn, and co-worker Rene Francisco Rivas, 52. Police said the father and son were cleaning the well at the Regal Recycling Company when Harel fell down a narrow shaft. The father grabbed a ladder and climbed down to rescue his son, followed by Rivas. Fire department officials said the men apparently were overcome by hydrogen sulphide, a toxic gas common in wells like the one being cleaned. Firefighters found the three bodies face down in the putrid liquid. Authorities tested the air and found toxic levels of hydrogen sulphide, 'a common byproduct of decomposed organic material,' fire chief John Sudknik said. 'In that type of atmosphere it is very toxic,' he added. The plant is registered as a solid waste transfer station and recyclables handling and recovery plant, authorised to handle putrescible waste, as well as construction and demolition debris. In 2006, the Occupational Safety and Health Administration (OSHA) fined the plant $1,500 after an immigrant worker from El Salvador, Effraine Calderone, 46, was crushed to death by a Caterpillar wheel-loader the previous year. Records from the most recent OSHA inspection, conducted earlier this year, reveal that the federal agency identified several serious violations at the plant, including violations concerning floor and wall openings and holes, industrial stairs, respiratory protection, medical services and oxygen-fuel gas welding and cutting. The company was directed to pay thousands of dollars in penalties in connection with the violations.

ACTION

Urgent! Tell Sappi to stop safety victimisation!

Global union federation ICEM is renewing its call for support for 42 Sappi workers in South Africa, victimised after making a stand on safety and who now face renewed disciplinary action on 7 July. Among other measures, management at the paper and pulp multinational has suspended all 19 shop stewards at the paper mill. The paper workers, members of the union CEPPWAWU, are charged with inciting three safety strikes in May at the 700-worker Enstra mill near Johannesburg. The incident started when shop stewards intervened to protect a worker doing unsafe work. That worker is one of the 23 still on the job that Sappi now wants to suspend for one week without pay and issue a final written warning. The 19 shop stewards, the mill's entire CEPPWAWU representation team, have already been suspended, and await further discipline at meetings on 7-8 July. A letter from ICEM to the company noted: 'The ICEM strongly believes the first and most important component in building a trusting and lasting relationship in labour-management relations must be safety.'

Resources

Changes to the HSE website

The Health and Safety Executive has redesigned its website. The changes include 'rebranded' sections on musculoskeletal disorders, risk management and other issues. There's also a new guide to health and safety regulation in Great Britain. Last month HSE announced it was to provide its publications free online. The first of the previously priced documents will appear on the website from September, with the remainder expected to be available for download by March 2010.

Events and Courses

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 (5,300 words) issued 3 Jul 2009

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