PDF version available for download (PDF help)

Number 442 - 6 February 2010

Risks
Hazards magazine
 Asbestos - the hidden killer
 Hazards at Work

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

Unions make work safer every day

The worldwide theme for Workers' Memorial Day on 28 April this year is to be 'Unions make work safer.' The general theme - unions at national level can adapt it to fit local campaigns and priorities - was announced in a circular this week from the International Trade Union Confederation. It followed a consultation with national union centres and international union organisations. The circular notes: 'The ITUC, in cooperation with Hazards and Global Unions, will produce background material for 28 April. It is for this purpose that we would like trade unions to send us information, success stories and resources on the effect trade unions have on improving occupational health and safety and ultimately saving lives, in order to incorporate them in the background materials.' So, tell TUC what union safety organisation in your workplace has done - through active safety reps, effective safety committees, mapping exercises and union insistence that health and safety is a priority - to make work healthier and safer all round.

Union welcome for 28 April recognition

The UK government's official recognition of Workers' Memorial Day (Risks 441) has been met with a lot of praise from unions and a bit of now-we'll-have-some-more-thank-you. Ronnie Draper, president of the bakers' union BFAWU said the 'fantastic' news was 'testament to the campaigning strength of trade unions and other pressure groups.' He added: 'The slogan 'Remember The Dead, Fight for the Living' must never be forgotten, it should be used as a constant reminder that lives lost at work should not be in vain, and the protection of workers must be our ultimate goal.' Bob Monks, general secretary of the road transport union URTU, said: 'The official day will help promote our campaigns to highlight and prevent workplace accidents in the road haulage, distribution and logistics industry.' Dave Prentis, UNISON general secretary, said it was good news that had 'been a long time coming'. He added: 'Too many workers are still suffering because of workplace injuries. By marking Workers' Memorial Day nationally, it will act as a reminder for all employers that they have a legal duty to protect their staff.' Alan Ritchie, general secretary of the construction union UCATT, said it was 'an important first step in the campaign to establish Workers' Memorial Day as a bank holiday, in order to ensure that all workers have an opportunity to remember their friends and colleagues who have been killed or injured at work.'

Campaigners point to true work toll

Union-backed workplace justice and safety groups have said the government's formal recognition of Workers' Memorial Day should be backed up with a new system of official statistics to recognise that tens of thousands, not hundreds, are killed by work every year. Families Against Corporate Killers (FACK) and the Hazards Campaign say the real toll demonstrates why there needs to be a renewed government emphasis on health and safety enforcement. FACK founder member Linzi Herbertson said: 'We want all those killed by work either in incidents or through illnesses caused by bad working conditions, to be remembered. FACK members cannot understand why some workers killed at sea, or in the air, or on the roads, or through work stress suicide, plus all the members of the public killed by work activities, are not included in the official figures' published by the Health and Safety Executive (HSE). Both FACK and the Hazards Campaign say these HSE figures systematically under-estimate the deadly impact of work-related ill-health. Hilda Palmer of the Hazards Campaign said 'if we include the many thousands who die from illnesses caused by their working conditions the total could be as high as 50,000 a year! Government has long been criticised for under-estimating deaths from work- related cancers which even the most conservative estimate by global experts is about 18,000 each year.'

Call for vigilance after bridge deaths

Construction union UCATT is calling for increased vigilance and is demanding companies do not take a complacent attitude to safety, after two bridge workers in Scotland were killed within hours of each other. Both men were undertaking painting and blasting duties and both deaths occurred on rail bridges. The first death occurred at approximately 9pm on Wednesday 27 January when it is understood that Robert MacDonald, 52, fell 150 foot to his death. In the second incident, which occurred on the Tay Bridge at approximately 6am on Thursday 28 January, David Rodger, 44, died after falling an estimated six feet onto a ledge. Harry Frew, UCATT regional secretary for Scotland, said: 'These two tragic accidents leave two families without a loved one. Our hearts go out to both families at this time.' He added: 'These accidents demonstrate just how dangerous the construction industry remains. We must ensure that there is no complacency when it comes to safety in the construction industry.' Office of Rail Regulation (ORR) director of railway safety, Ian Prosser, said: "Our thoughts are with the families of the two men involved in these separate tragic events. Our inspectors have launched an investigation into the Forth bridge accident and we are awaiting further details about the Tay bridge incident. We expect to investigate both to find out exactly what happened and quickly identify whether more should be done to prevent other deaths or injuries.'

Firefighters 'arrest' over warehouse deaths

Firefighters' union FBU has expressed concern after being told three managers were to be arrested in relation to the deaths of four firefighters in a 2007 warehouse blaze. The union said it had been told the three will be questioned under caution over allegations of gross negligence manslaughter. The blaze happened in Atherstone-on-Stour in November 2007. All four firefighters killed were from Warwickshire. A joint police and Health and Safety Executive inquiry is taking place. The bodies of Ashley Stephens, 20, John Averis, 27, and Darren Yates-Badley, 24, were found inside the remains of the building, a vegetable packing plant, days after the fire. Ian Reid, 44, died in hospital. The FBU said three members of Warwickshire Fire Service had been told, by letter, to attend a police station in Warwickshire where they would be arrested and interviewed under caution. FBU general secretary Matt Wrack said: 'It is important for the families and colleagues of those who died to establish what happened. It is important that all fire services learn all the lessons from this incident and we support that aim.' He added, however, that the union was 'concerned at the move to arrest these individuals at this stage when all other key players have not even been interviewed. We understand that, even two years after the deaths, all very top corporate managers - who may have critical information - have still not even been interviewed. Evidence from our own on-going investigation suggests there may be systemic failings. Any systemic failings within Warwickshire fire service, if they are established, would be the responsibility of the fire authority.'

Body armour hurt council worker

A community enforcement officer, who was injured by ill-fitting, second hand body armour, has received a £2,000 payout. UNISON member Anthony Roach, from Eaglescliffe in Teesside, was left with serious back and shoulder problems after being provided the faulty police cast-offs. The 31-year-old worked 11-hour shifts for Stockton Borough Council's neighbourhood services team, investigating complaints in potentially dangerous situations. He had to wear the faulty body armour at all times. Middlesbrough County Court found Stockton Borough Council had failed to provide protective equipment and awarded Mr Roach £2,000 in compensation. The injured worker, who has now been provided with a correctly fitted stab vest, said: 'The ill-fitting armour led to a lot of aches, pains and sleepless night. I suffered for around 10 months, but it felt like an eternity.' His complaints to management were not acted on. The second hand armour from Northumbria Police had differently sized Kevlar plates inserted in the back and front. The weight meant the Mr Roach was pulled to the left and he had to compensate by adjusting his body, resulting in the injury. UNISON general secretary Dave Prentis said: 'It is sad that Mr Roach needed body armour to protect him for just doing his job. But it is inexcusable that he was given faulty, second hand body armour that did not even fit him properly.' He added: 'The council have made a bad situation worse by not facing up to their responsibilities and choosing to waste a huge amount of time and money fighting this case.'

Claims firm ditched deaf worker

An engineering worker who was exposed to dangerous levels of noise at work for over 20 years has received a £13,500 payout - after a claims management firm dropped the case. Unite member Ashiq Hussain Shah, 58, suffered the hearing damage while working for Bradford-based motor parts manufacturer Federal Mogul from 1989. His department made piston pins. His family first pointed out his deafness after he suffered a heart attack earlier in 2008 - because he was spending more time at home, his hearing difficulties became more noticeable. He was formally diagnosed with hearing loss in both ears and was advised to wear hearing aids later that same year. A claims management firm sat on the case for two years, before deciding not to proceed. However after union lawyers took up the case, Federal Mogul admitted liability and a settlement was reached within six months. Mr Shah, who has since been made redundant from Federal Mogul, said: 'I was really mucked around by the claims company and am grateful that the union backed me and passed me onto personal injury experts.' Unite regional secretary Davey Hall said: 'Hearing loss affects many of our members working in noisy environments and we would urge any members who have been diagnosed with work related hearing problems to get in touch with us first.' Munir Majid from Thompsons Solicitors, who acted for the union, said: 'If Mr Shah had not been encouraged to get a second opinion by his union colleague the claims company's poor advice would have meant he got nothing for the adverse affect of his deafness both at work and in his social life.'

Other news

Doctors won't decide on fitness to work

The new fit note will not give doctors the option to deem a patient 'fit for work', only whether they may be fit for some work, the government has indicated. The final decision will instead be a matter for the employee and the employer. Under the new system, due to come into force on 6 April, GPs will replace the sick note with a computer-generated medical fit note explaining what a patient is able to do. However, a report in Personnel Today magazine says the government's response to the Reforming Medical Statement consultation, published on 29 January, rules out allowing GPs to determine whether a worker is 100 per cent fit to return to work. Employers will only receive doctors' notes presenting one of two options - either that the employee is 'unfit for work', or 'may be fit for some work'. The response paper says the approach will 'empower individuals', adding: 'While we understand that some stakeholders believe that there may be some practical benefits from retaining 'fit for work' statements, especially for those involved in safety-critical roles, doctors completing the medical statements do not have the knowledge or expertise about an individual's job role and the risks involved. The doctor will have to indicate on the new revised statement whether or not they need to assess their patient's fitness for work again, making the need for a 'fit for work' option unnecessary.' TUC general secretary Brendan Barber commented: 'The new notes will only help ill or injured workers get back to their jobs more quickly if GPs are better trained in how to recognise occupational diseases and if they know what a patient's work entails. Employers also need to know how to use the information on the notes and that means that we need much better access to occupational health advice for employers.' He added: 'Simply handing a list of tasks an individual can do to their employer won't help that worker get better or get back to their full fitness. No-one should be forced back to work before they are able, especially as their work may have been what made them ill in the first place.'

  • Reforming the Medical Statement: Government response to the consultation on draft regulations: The Social Security (Medical Evidence) and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010, DWP, January 2010 [pdf]. Personnel Today.

Risk assessment may have stopped knife death

A simple risk assessment may have averted an incident when a mental health worker was stabbed to death, the Health and Safety Executive (HSE) has said. Mental health charity Mental Health Matters was this week fined £30,000 and ordered to page £20,000 costs after admitting failing to protect employee Ashleigh Ewing, 22, who was stabbed to death by a paranoid schizophrenic. She was found dead in Ronald Dixon's Newcastle home in 2006. Dixon, then 35, later denied murder, but admitted manslaughter by reason of diminished responsibility. Newcastle Crown Court was told the charity was aware Dixon had a history of violence and refusing to take his medication. Nonetheless, they sent Ms Ewing to visit him alone at the house. She was stabbed 39 times with four different kitchen knives. The court was told that there was no guarantee Miss Ewing would not have been killed had risk assessments been carried out, but that the likelihood could have been reduced. The court heard Dixon's mental health was known to be deteriorating and Mental Health Matters failed to respond to a number of warning signs. The charity failed to afford Ashleigh the level of protection that the nature of her job warranted. Pam Waldron, HSE's head of operations, said: 'This is an unusual case which shows the need for employers to assess risks to employees who visit individuals in their homes and for arrangements to be reviewed when changes occur. We believe that if Mental Health Matters had carried out a risk assessment, it would have resulted in the visiting arrangements being reviewed.'

Fined £7,500 after builder's death

A Bolton housebuilding company has been fined £7,500 after one of its workers fell to his death. DC Kennedy Homes Ltd was prosecuted by the Health and Safety Executive (HSE) after Ian Smith, 64, was killed when he fell from an unstable ladder. Manchester Crown Court heard that Mr Smith was working on a project to build six new semi-detached in Bolton on 19 December 2007 when he fell five metres to the ground. HSE's investigation found that DC Kennedy Homes had allowed work to be carried out on the first and second floors of the house, before the stairs had been fitted. The ladder, which was used to reach the second floor, had not been secured and was missing its rubber feet. The firm pleaded guilty to safety breaches and was ordered to pay £7,500 towards the cost of the prosecution as well as the fine. HSE principal inspector Polly Tomlinson said: 'This was a tragic incident that could easily have been prevented if DC Kennedy Homes had put more thought into the safety of its employees.' She said 'Mr Smith should never have been expected to use a ladder in the first place. If the work had been planned properly, the stairs would have been fitted before work was carried out on the first and second floors of the house.' HSE launched a nationwide 'Shattered Lives' campaign on 1 February, urging companies to take simple steps to prevent serious injuries from slips, trips and falls. The watchdog says falls from height are the biggest single cause of workplace deaths in the UK.

Rail regulator moves in on jobs axe row

RMT has welcomed confirmation that the Office of Rail Regulation (ORR) has approached the government directly regarding the rail union's safety concerns at Network Rail. The union had highlighted the safety implications of Network Rail's plan to axe 1,500 maintenance jobs. In a letter to transport secretary Lord Adonis, in response to the dossier compiled by RMT (Risks 441), ORR chair Anna Walker writes: 'I can assure you that we have been scrutinising Network Rail's restructuring proposals for some time and we will continue to do so. We will make our own independent judgement on whether the proposed new structure can safely maintain the railway, and will take appropriate follow up and enforcement action if we believe safety may be compromised as a result of the changes.' The letter continues: 'I have asked Ian Prosser, our director of railway safety, to report to the ORR Board on 16 February his conclusions and next steps on the RMT's concerns and he will then write separately to Bob Crow, to respond to the specific points he has raised.' The letter concludes 'we expect assurance, confirmed by our own inspection activity, that safety will not be compromised as a result of changes made.' RMT general secretary Bob Crow welcomed the ORR intervention and said Network Rail should now 'call and immediate halt to the cuts.' He added: 'RMT will continue to collect reports from our members on the ground and will feed this in to the ORR and the government to reinforce the safety case against these cuts. We have no doubt that the impact of slashing safety-critical maintenance staffing levels to the bone will have fatal consequences if Network Rail are allowed to get away with their plans.'

Network Rail 'madness' jeopardises progress

It would be 'madness' to let Network Rail jeopardise safety improvements on the rails by axing maintenance jobs, rail union RMT. The union was commenting after a Railway Safety Standards Board (RSSB) report showed encouraging safety improvements on the rail network. The report says there were no passenger or workforce fatalities in train accidents - the fourth year in the last five with no such fatalities. Five passengers died in separate accidents in stations. It says this equals the number for 2008, which was the lowest passenger fatality total ever recorded. One member of the workforce was killed when struck by a train. Commenting on the 2 February publication, RMT general secretary Bob Crow said: 'While any improvement in rail safety is welcome it is madness that the progress outlined today by the RSSB is about to be jeopardised by the 1,500 safety-critical rail maintenance job cuts being bulldozed through by Network Rail.' He added: 'Network Rail seem to be determined to throw rail safety improvements into reverse and drag us all back to the dark days of Railtrack where safety was compromised to save money with lethal consequences.'

  • RSSB news release [pdf].

Injured farmer backs safety campaign

A Lancashire farmer who badly cut his hand at work is giving his support to a national safety campaign. David Coar, 44, from Yew Tree Farm in Livesey near Darwen, injured his hand last year on a tractor fork while he was lifting out bales of silage. Now he is urging other farmers to think more about their safety as part of the Health and Safety Executive's (HSE) 'Make the Promise' campaign, with the stark message that people are still dying and being injured in needless farm incidents. One in five work-related deaths is in agriculture, despite only 1.5 per cent of the population working in the industry. As part of the HSE campaign, farmers can request 'Promise Knots' to place around their homes and farms as a simple, but ever-present, reminder of their pledge to come home safe. David Coar said: 'I've lived and worked on the farm all my life so I know what most of the risks are, but every now and then you let your guard down and that's when accidents can happen.' He added: 'I cut my hand on the teeth of a tractor fork while I was lifting out bales of silage into sheep troughs. Luckily it's OK now but it could have been a lot worse. It takes me a bit longer to feed the sheep now as I put the bales in a trailer before lifting them out. But it's definitely worth spending a few extra minutes to make sure I can feed them safely.' The latest official figures show that 26 workers were killed and another 589 suffered major injuries in farming accidents across Great Britain during 2008/09.

International News

Europe: Construction unions reject deregulation

The European Federation of Building and Woodworkers (EFBWW) has denounced European Commission (EC) proposals for health and safety deregulation. The EC's October 2009 action programme, which forms part of a European Union 'Better Regulation' push, calls for certain firms to be exempted from core health and safety requirements (Risks 431). In a position paper agreed in January, EFBBW states: 'Exemptions to certain occupational health and safety obligations... would lead to a higher incidence of accidents and higher risk of diseases, not only adding to human suffering but also increasing the resulting costs.' The trade union federation is particularly concerned about the Commission's proposal to exempt small firms in certain sectors from a requirement to draw up a risk assessment document. EFBWW says 39 per cent of fatal accidents due to falls occur in firms with fewer than 10 workers. The Better Regulation group, chaired by German Conservative Edmund Stoiber, has taken a resolutely pro-business line and said nearly 90 per cent of the time spent by employers collecting and processing health and safety information constitutes an administrative burden. According the European trade union safety research body HESA, which believes the business lobby is dominating the EC policy-making process: 'This opinion incorporates as such calculations made by a consortium of private consultants steered by Deloitte. This consortium was paid ?17 million from the Commission for its work, as acknowledged by Industry Commissioner, Günther Verheugen.'

Global: Scientists slam Canada's asbestos trade

Over a hundred prominent scientists in 28 countries have challenged Quebec Premier Jean Charest, who embarked on a trade mission to India on 31 January, to stop Quebec's export of asbestos to the developing world. The assault on Canada's deadly trade came ahead of the mission to India, a key export market for Canada's asbestos. A letter from the scientist's notes that Quebec uses virtually none of the asbestos it mines and that its own health experts oppose the government's asbestos policy and have shown that in Quebec itself, it has been impossible to use any asbestos safely. This indicates a disturbing double standard that brings dishonour on Quebec's international reputation, the scientists tell Charest. The scientists criticise Charest for funding industry 'misinformation' and turning a deaf ear to his own health experts. 'Independent scientists in Quebec and in India are being vilified and threatened by the asbestos industry,' said Dr Devra Davis, a US cancer expert and signatory to the letter. She noted that the asbestos industry in India has notified a number of scientists that legal action will be taken against them if they do not retract their published articles concerning the threat to health posed by chrysotile asbestos. The letter states: 'We call on Premier Charest to categorically condemn such threats to independent science by vested interests. We ask him to give his unequivocal support to his government's own health scientists. We ask him to act honourably and end Quebec's export of this deadly product.' On arriving in India, the Quebec leader was met by protests organised by unions and health activists. 'It will be remembered as an act of barbarism in the history of industrial development where asbestos was knowingly allowed to be used, and where workers were knowingly subjected to it,' Gopal Krishna of the Ban Asbestos Network India told a Mumbai press conference.

India: Shipbreaking workers denied drinking water

Shipbreaking workers toiling in Mumbai, India, are being denied access to drinking water, putting lives at risk, unions have warned. Mumbai's average daily temperature in January is between 26 to 34 degrees celsius. During a project evaluation visit by an international delegation to the massive Mumbai shipbreaking site on 20 January, workers explained to union leaders how, despite repeated requests, they are faced with continual water shortages. They reported they often work in extremely hazardous conditions for 12 hours a day with nothing to drink. Previously unorganised and with no union to represent them, the workers had been unable to speak out about the conditions they face. However following a successful union building project, workers have joined the Mumbai Port Trust Dock and General Employees Union, and are now raising concerns. The local union leadership has stated that if the situation is not resolved then the only alternative maybe to call for industrial action. Global union federation the International Metalworkers' Federation (IMF) has been working closely with the shipbreaking workers as part of its union building project which has seen 2,500 workers organised in Mumbai, and a further 6,500 in Alang. Addressing a rally, IMF executive director Rob Johnston said: 'The workers in Mumbai have taken the decision to stand up for their rights by joining a trade union. There can be no more basic right than the right to drinking water, that's why you have the full support of the international trade union movement for your struggle.'

Philippines: Unions launch asbestos e-campaign

Unions in the Philippines have launched an email campaign to press for a ban on all asbestos use. The Trade Union Congress of the Philippines (TUCP), the Associated Labor Unions (ALU) and the Building and Woodworkers International (BWI) campaign is urging the country's Senate to pass Senate Bill 741, banning asbestos. 'Asbestos is a danger to everyone because asbestos fibres penetrate deep into the lungs once inhaled, causing incurable and fatal asbestos-related diseases such as asbestosis, mesothelioma and lung cancer,' said Rafael Mapalo, TUCP deputy spokesperson. 'There is no safe level of exposure and the most effective way to protect people from asbestos exposure is to ban the substance.' Gerard Seno, ALU's national vice president, said: 'By banning its use the government will be protecting Filipinos from the health and safety hazards of asbestos exposure.' The campaign has been supported throughout by the global union federation BWI. 'A recent study by the International Agency for Research on Cancer (IARC) reconfirmed the cancer-causing effects of asbestos, leaving the prevailing medical evidence against asbestos irrefutable,' said Apolinar Tolentino, of BWI's Asia Pacific Regional Office. 'The more the asbestos ban is delayed, the more workers, their families and the public are at risk.'

USA: Training alone is never enough

Health and safety training at work is a good thing - but will only result in safer, healthier workplaces if there is management commitment and worker involvement. This is the finding of a detailed review by the US government's occupational health research body NIOSH and researchers from Canada's Institute for Work and Health (IWH). The report concluded investment in training results in positive changes in worker knowledge and skills, attitudes, and behaviour. 'However, this research revealed that training as a lone intervention has not been demonstrated to have an impact on reducing injuries or symptoms,' Carol Merry Stephenson, chief of the NIOSH training research and evaluation branch, notes. 'For training to be effective in preventing occupational injuries and illness, it also requires management commitment and investment and worker involvement in a comprehensive hazard identification and risk management programme.' She concludes: 'Researchers, training providers, labour [unions], and management should continue to work together to advance the knowledge of effective practices in education and training.' Health and Safety Executive-backed research in the UK concluded trade union safety rep training is an effective approach. 'The findings provide powerful evidence of the extent to which trade union training supports workplace activities and achievements of health and safety representatives,' it noted, adding 'it is likely that training does not simply support the continued existence of such achievement, but acts as a stimulus for their initiation and development.'

Resources

HSE slips and trips website - rebranded

To coincide with the launch of phase 3 of its 'Shattered Lives campaign', the Health and Safety Executive (HSE) slips and trips website has been rebranded with what the watchdog describes as a new design, better navigation, news and resources. There's also a Slips and Trips eLearning Package (STEP) which 'provides an easy way to learn about slips and trips, how they are caused, why preventing them is important and how to tackle them.'

Events and Courses

TUC courses for safety reps

COURSES FOR JANUARY 2010 to MARCH 2010

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 (5,100 words) issued 5 Feb 2010

This page http://www.tuc.org.uk/workplace/tuc-17523-f0.cfm
printed 9 February 2012 at 08:09 hrs by 38.107.179.231