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Number 450 - 3 April 2010

Risks
Asbestos - the hidden killer
 Hazards magazine
 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

One in three interns are exploited at work

Amidst fears that one in three interns is being exploited through unpaid work, the TUC has launched a new website aimed at helping these young people find out more about their rights at work. The TUC website www.rightsforinterns.org.uk, which includes a health and safety section, is part of the union body's Next Generation campaign which aims to secure a better deal for young people at work. It explains what rights interns should expect, allows them to share their experiences and explains the benefits of joining a union. TUC says any intern who is undertaking work-related tasks, with set hours and a duty to turn up and do the work is probably defined in law as a 'worker' and, as such, is eligible for the minimum wage, working time and paid holiday rights. However, many are missing out on these rights. Further, some rights are only available to 'employees', for example industrial injury and disease benefits - and research shows it is workplace novices who are frequently at highest risk. TUC general secretary Brendan Barber said: 'Whether they are unscrupulous or genuinely unaware of the rules, too many employers are ripping off talented young people by employing them in unpaid internships that are not only unfair but, in most cases, probably illegal.' He added: 'It is vital that we crack down on those internships that offer little but hard graft for no reward. Employers need to know that there's no such thing as free labour.' TUC head of safety Hugh Robertson added: 'In addition to the important issues of employment status and pay, employers must recognise their responsibilities to the health and safety of interns. For many of these it will be their first taste of the workplace and they are therefore going to be even more at risk than those who have been in the job for some time.' He said: 'Employers have to ensure that they not only provide full training and support for interns but also do a sufficient risk assessment.'

More public sector staff work when ill

Government claims that there are easy savings to be had from cracking down on sickness absence in the public sector have been challenged by new TUC research showing that these workers are much more likely to turn in even when sick. The TUC report, 'The truth about sickness absence', shows that while public sector workers take longer periods off work on absence, many work in stressful and dangerous public sector jobs that can cause injury. It says private sector workers are much more likely to work for employers who are quick to sack people with genuine health problems rather than help them return to work. A TUC poll found within the last month, more than one in five public sector workers has been to work when too ill to do so (21 per cent). A further 41 per cent (compared to 36 per cent of private sector workers) have gone into work poorly when they should have stayed off sick within the last year, though not in the last month. TUC general secretary Brendan Barber said: 'People often talk about a 'sicknote culture' in the UK. Many seem to think that public sector workers are particularly guilty of taking time off work when they are not really unwell. The truth is we are really a nation of mucus troopers, where workers - particularly those in the public sector - routinely go into work when they are too ill and should be at home.' He added 'there is most to gain from tackling the causes of absence, particularly stress, and helping people return to work. Employers who use the carrot approach of engaging with their workforce in a positive way will reap the benefits, while those who use the stick approach will find it backfires on them.'

Bus driver working times must be cut

Transport union Unite has launched a campaign to shave at least an hour off the driving time of the UK's bus drivers on grounds of safety, and with no loss of pay. It says 100,000 Unite members are being mobilised around a Busworkers' Charter that demands improvements to working conditions for all workers in the sector, including ancillary staff such as maintenance and clerical workers, and even tram workers. The campaign is aimed primarily at bringing bus drivers into line with the rest of the European Union (EU). It says UK coach and road haulage drivers enjoy the protection of the EU regulations, with just bus drivers missing out. Unite says it wants this anomaly ironed out and has written to Simon Posner, chief executive of the Confederation of Passenger Transport (CPT) UK, the trade association for the industry, for talks on this issue. The CPT has responded that it will not negotiate, putting the ball back in the union's court. Unite's national organiser for the transport sector, Graham Stevenson, said: 'British bus drivers are presently driving longer than their European counterparts. This is wrong on grounds of safety because the deepening congestion on Britain's roads makes their job increasingly stressful and hazardous.' British driving hours regulations mean bus drivers can at the moment be required to work for up to five and a half hours without any breaks, and up to 16 hours in a whole day. Calling for shorter, safer hours, Unite's Graham Stevenson said: 'You can't put a financial price on the safety of drivers and the millions of passengers they carry throughout the year - the most precious cargo of all.'

Shop union violence plan gets official stamp

A long running campaign by retail union Usdaw to curtail violence to staff in the sector has made remarkable progress - and the union is now spearheading a national drive for further improvements. At a summit meeting last month led by Usdaw, key representatives from local and national government, police, and retail employers agreed on a united front against retail crime and against violence and abuse to staff. Alan Campbell, Home Office minister for crime reduction, told the meeting there had been a dramatic drop in retail crime but that there was 'no room for complacency and we are fully supportive of Usdaw's Freedom from Fear campaign. We are continuing to work with industry on a range of actions to tackle crimes against retailers.' He added: 'Since 1997 more shoplifters are going to jail and there are tough sentencing guidelines in place for those who commit violence against shop staff.' Usdaw general secretary John Hannett said: 'It was heartening to see the strong commitment and support from all parties present for Usdaw's Freedom from Fear campaign. Retailers and others at the meeting were quick to come forward with practical ideas to build on the progress we have already made.' He added: 'Usdaw has agreed to carry out a nationwide audit to gather together examples of good practice and initiatives that are being pursued by individual retailers or in particular neighbourhoods. It was clear from the discussion that there are a lot of good things going on in some parts of the country, but there are also major gaps. We need some central coordination at the national level to bring it all together; to make sure that good standards of protection are applied in all stores, and to cement stronger relations between shop workers and neighbourhood police teams. '

Real dangers shattered rail worker's wrist

Track worker Maurice Marshall suffered extensive injuries to his wrist after a rail employer failed to act on a safety alert from track inspectors. The RMT member from Newark was employed by Network Rail Infrastructure Ltd and was standing at an authorised access point opposite the railway tracks. He had picked up a shovel when the 6.30am Derby to Barnsley train passed by. The shovel was caught by the train's slip stream and his right hand was snapped back. Mr Marshall, 51, suffered open fractures of the radius and ulna in his wrist which have resulted in lack of movement, grip and strength. He has since had three operations and two skin grafts on his wrist. He still works for Network Rail as a trackman but will be on light duties for the rest of his working life as he has limited movement in his wrist and cannot lift more than five kilos. Network Rail track inspectors had already highlighted that the access point was dangerous and should be moved, but nothing had been done to warn employees. Mr Marshall said the injury had seriously affected his life. 'I can't lift anything heavy and I'm on light duties,' he said. 'I can no longer take part in the hobbies I used to enjoy and I can't play football with my grandchildren for fear that I will fall on my wrist.' RMT general secretary Bob Crow said: 'Track maintenance staff have an inherently dangerous job. That is why it is ludicrous to be threatening to get rid of 1,500 of these safety-critical staff. Safe access points are vital to ensure workers are kept safe from trains, which often pass at high speed.' He added: 'This access point had been assessed and recommendations made that it should be moved. Unbelievably Network Rail did not act immediately on those recommendations and Mr Marshall will live with the consequences of that failure for the rest of his life.' Network Rail admitted liability and settled a 'substantial' compensation claim out of court.

Teenage work noise led to deafness

A GMB member exposed to dangerous levels of workplace noise as a teenager apprentice is now reliant on two hearing aids at the age of 48. Neil Dawson from Hull has received £5,750 in damages after developing occupational deafness. The harm was caused by his first job as a 16-year-old apprentice for Richard Dunston Shipbuilders in Hessle, Yorkshire, where he trained to be a plater from 1977 to 1981. The yard was noisy but he was never given instruction or advice on the dangers it posed to his hearing. Richard Dunston Shipbuilders no longer exists so Thompsons, the personal injury law firm brought in by GMB to represent Neil, had to track down the firm's former insurers which admitted liability and settled out of court. Mr Dawson said: 'I was only 16 when I started working at the shipbuilders and I had no idea that the noise I worked in was damaging my ears. We were never provided with ear defenders and now at only 48 I have to wear two hearing aids.' Andy Worth from the GMB said: 'Many of our members have been negligently exposed to excessive levels of noise in the workplace by their employers. Sadly even with the knowledge of the long term damage it can cause and the safety equipment available people are being exposed today. We won't let those who ignore health and safety laws or fail to provide the correct safety equipment to get away with it however long ago it happened.'

Slippery car park cost worker his job

A council parking attendant who was forced to give up his job after he suffered a serious injury at work has received £140,000 in compensation. The 59-year-old Unite member from Stoke on Trent, whose name has not been released, has been left unable to walk more than 150 metres. He cannot sit down for more than an hour and cannot lift, bend or stoop without experiencing pain. His injuries meant he had to give up his job for Stoke on Trent City Council and is not fit enough to find alternative employment. The incident happened in December 2004 as he was taking readings from pay and display machines in council car parks. He slipped on black ice and fell heavily. He tore his groin and despite several injections to the affected area still suffers serious pain on a regular basis. Gerard Coyne from Unite said: 'This accident has had a profound effect on our member who can no longer work because the council failed to make sure it kept its car park safe. Any of the hundreds of people who use the council's car parks every day could have been injured. We hope as a result of this claim the council has revised its winter maintenance programme.' Martyn Gwyther from Thompsons Solicitors, the law firm brought in by the union, said: 'The council has a duty to maintain the highway and that includes its car parks. In the winter they have an obligation to enforce a reasonable winter maintenance plan and they should have taken appropriate steps to ensure the car park was safe for all its users.'

Other news

Whistleblowing ETs could attract regulators

Employers that choose to dismiss or pay off workplace whistleblowers could face further investigation from 6 April, when the current bar on employment tribunals (ETs) revealing any details of whistleblowing allegations outside of the tribunal process is lifted. Under the new system, tribunals will be able to refer claims to the relevant regulatory authority, such as the Serious Fraud Office or Health and Safety Executive, for further investigation, reports human resources magazine Personnel Today. It quotes Mark Hammerton, a partner at international law firm Eversheds. 'To date, even where allegations heard by an employment tribunal involved potentially serious fraud, health and safety breaches or financial irregularities, employment tribunals have been unable to pass them on,' he said. 'I would urge all employers to now review their current procedures and practices for dealing with whistleblowing claims and to ensure any such allegations are addressed as early as possible. Failure to do so could otherwise mean that employers learn of their alleged wrongdoings only once they have escalated to a formal external investigation.' A report last week by the charity Public Concern at Work revealed that work safety is a top whistleblower concern and one of the most common reasons for whistleblower employment tribunals (Risks 449).

Would you fly BP Airlines?

The fifth anniversary of the BP Texas City refinery explosion, which killed 15 contract workers and injured over 170 others, fell on 23 March. However, both US regulators and unions have questioned the company's commitment to improved standards. London-based multinational BP has since spent more than $1 billion to make improvements at the facility and over an additional $1 billion dealing with almost 1,000 lawsuits over the case. 'But have the penalties, fines and bad press really gotten BP's attention?' questions the US union USW. 'Their safety record since the disaster would argue it has not.' A blog posting from the union's Tony Mazzocchi Center for health and safety notes that since Texas City there have been a series of fatalities at the company's refineries, and BP has faced massive fines for failing to complete upgrades at Texas City and for hundreds of other 'wilful' violations at the plant (Risks 447). US Secretary of Labor Hilda L Solis, commenting on the anniversary, said: 'As we've seen from my department's Occupational Safety and Health Administration's (OSHA) recent enforcement actions, BP still has a long way to go to ensure the safety of its employees and those of the contractors who work in its refineries.' John Bresland, chair of the Chemical Safety Board (CSB), the body that did the formal investigation into the Texas City blast, said 'we found organisational and safety deficiencies at all levels of the BP Corporation' - and that included the multinational's London board. He said 'internal audits and safety studies brought problems to the attention of BP's board in London, but they were not sufficiently acted upon.' Bresland told the Houston Chronicle: 'If the airline industry was having the same number of accidents as the refinery industry, I don't think too many people would be flying.'

Firm to blame for worker's brain damage

The mother of a Derbyshire man who was left blinded and with serious brain injuries when he was hit on the head by a five and a half tonne metal sheet has expressed her relief at the High Court's decision to hold his employer 100 per cent liable. Mark Downs, 39, was crossing the factory floor at Hadee Engineering Ltd in Sheffield when the sheet, which was being manoeuvred in a tandem lift, swung out of position and knocked him against a steel skip. The incident left him blind and paralysed down his left side, and he has also lost his sense of smell and taste. He is thought he will need lifelong assistance. Although Mr Downs was using a designated walkway when the incident occurred, his employer refused to accept full liability. Personal injury law firm Irwin Mitchell advised Mr Downs' family to take the claim to trial at Sheffield High Court, where Mr Justice MacDuff QC ruled that the employer was fully liable. He criticised Hadee Engineering Ltd for seriously breaching a number of health and safety regulations, including failing to properly supervise the tandem lift, not carrying out a risk assessment, not holding a written method statement, operating without a banksman or supervisor and failing to properly train one of the crane drivers. He also ruled that Mr Downs was entitled to 100 per cent of the final settlement for his injuries. The settlement is likely to run to millions. Rachael Aram, a brain injury specialist at Irwin Mitchell, represents the family. She said: 'This horrific accident should never have happened, and had Mr Downs' employers followed basic health and safety regulations it would have been avoided.' Despite the High Court judge finding the company was responsible for serious and numerous breaches of safety legislation, the Health and Safety Executive (HSE) had earlier decided it would not pursue a prosecution.

Recycling firm fined after arson attack

A York hazardous waste recycling company has been fined £40,000 and £6,110 costs for failing to safeguard flammable liquid that was used in an arson attack on the business. BCB Environmental Management Limited pleaded guilty at Harrogate Magistrates Court to breaches of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) after illegally processing drums of volatile chemicals close to unprotected electrical equipment and forklift trucks. The breaches came to light during a joint investigation by the Health and Safety Executive (HSE) and North Yorkshire Police following an arson attack by a former employee in October 2008. The arsonist, who was later convicted for his crime, had ready access to the drums, which he ignited to start a blaze. After the hearing HSE inspector Stephen Britton commented: 'BCB Environmental Management Ltd processed drums containing flammable liquid close to unprotected electrical equipment, creating a real risk that they could have gone up at any time.' He said the 'prosecution offers food for thought, not just for the management at BCB, but for all involved in the recycling industry working with similar equipment and materials; they must adhere to the relevant legislation at all times to protect lives.' HSE inspectors also found a dangerous drum crushing machine in use at BCB, which contravened the Provision and Use of Work Equipment Regulations 1998. The court heard that a vital safety guard was missing from the machine, which exposed operators to dangerous internal mechanics, including a hydraulic ram capable of applying two tonnes of pressure. Employees would have struggled to stop the crusher should an accident have occurred because the safety stop switch was covered in grime and was almost unrecognisable.

Factory fined £100,000 after worker's death

The brother of a dead factory worker has spoken out after a company was prosecuted for his death. Hydro Aluminium Extrusion Ltd, of Caerphilly, which specialises in supplying aluminium extrusion and fabricated products - was last week fined a total of £100,000 and ordered to pay costs of £13,375 at Durham Crown Court. The court heard how on the afternoon of 2 November 2006, 38-year-old Jens Hinrichs was working at the firm's factory in Durham Road, Birtley, near Chester-le-Street. Mr Hinrichs, who was originally from Germany and was employed as a project engineer at the company, was working in a packing station when he was struck by a rail track mounted shuttle car. He was taken to hospital where he was pronounced dead on arrival. After the case, HSE inspector Zoë Feather said: 'This incident could have been easily prevented if the company had a suitable system to make sure workers could not gain access into the shuttle line. Where work needed to be carried out in the shuttle enclosure, suitable isolation procedures and systems of work should have been in place to prevent dangerous movement of machinery.' Hannes Hinrichs, Jens' brother, was in court for the hearing. Afterwards he said: 'Jens' death is tragic because he was working on a project to improve safety at the time. We hope that this court verdict will help to protect other employees from such horrible accidents. As Germans, we are confident in the way the English authorities handled this case.'

Site boss guilty after worker drowns

A West Kent construction employer has been found guilty of health and safety breaches following the drowning death of an employee. At Maidstone Crown Court last week, Edward James Day (trading as E J Construction) of Longfield Road, Longfield, Kent, was fined £20,000. A jury found Mr Day, 54, guilty of breaching section the Health and Safety at Work Act 1974 and the Construction (Design and Management) Regulations 2007. The prosecution, brought jointly by Kent Police and the Health and Safety Executive (HSE), followed a workplace tragedy on 5 December 2007. An employee of E J Construction, Mark Wilkin, was working to extend a finger of land which was being used as a temporary roadway out into a flooded quarry at Salt Lane in Cliffe. The vehicle he was driving, a site dumper, came off the roadway and Mr Wilkin became trapped under it in the quarry. He drowned at the scene. HSE inspector Melvyn Stancliffe commented: 'Had Mr Day ensured that the simple measure of providing proper edge protection to the site roads was in place then the risk of vehicles leaving the road could have been prevented. This tragic case so sadly illustrates the hazards that are all too frequently faced by construction workers.' He added: 'The law is clear and where employers fail to safeguard their workers and injury, ill-health or death result - HSE will take enforcement action.'

Tory safety axeman falls short on facts

A Tory appointed health and safety troubleshooter has shown a troubling disregard for the facts, safety professionals organisation IOSH has indicated. Lord Young, who served as an employment minister under Margaret Thatcher, is conducting a Conservative Party review of health and safety, repeating an exercise he performed as junior Tory minister David Young. Conservative leader David Cameron selected him for the role because of his 'track record of deregulation' (Risks 435). Lord Young told the IOSH conference that under a future Conservative government, consideration would be given to making health and safety a regulated profession. But he blamed health and safety professionals for making health and safety 'at best an object of ridicule and at worse a bureaucratic nightmare.' IOSH chief executive Rob Strange was bemused. 'We invited Lord Young to speak at our conference because we are keen to engage in any well-informed review of the wider cultural issues that appear to be getting in the way of intelligent health and safety. Yet, despite meeting him twice to brief him for his review, he quite clearly hasn't taken in some of the facts.' The IOSH chief was particularly vexed when a 'confused' Lord Young criticised IOSH for not insisting on specific levels of qualification for consultants, and asserted that IOSH members are not obliged to follow a code of conduct. 'IOSH has for five years now been at the forefront of calling for accreditation of health and safety consultants, winning political backing, and has led sustained calls for clarity over what qualifies as 'competent' health and safety advice,' Rob Strange said.

International News

Canada: Union prosecutes firm after worker death

The United Steelworkers union (USW) in Canada has launched a private prosecution alleging that Weyerhaeuser Company Ltd was criminally negligent in the death of sawmill worker Lyle Hewer. The union charges that Hewer died on 17 November 2004 as a result of injuries incurred at Weyerhaeuser's New West Division sawmill, after following a supervisor's request to work under conditions the employer knew were hazardous. Hewer was taken to the Royal Columbian Hospital in New Westminster, British Columbia, where he succumbed to his injuries. USW alleges that the company was criminally negligent in Hewer's death and showed wanton, or reckless disregard for the lives, or safety of other persons. The USW charge sheet also says Hewer, a 55-year old member of USW Local Union 1-3567, died as a result of the company's inaction, while clearing out a hog - a hopper filled with wood debris - under Weyerhaeuser's direction. 'Crown Counsel rejected the recommendation of the New Westminster Police that a charge of criminal negligence causing death was warranted against Weyerhaeuser,' said USW Western Canada district director Stephen Hunt. 'Therefore we have been left with no alternative other than pursuing a private prosecution to see that justice is done.' He added: 'It is our view that this case must go to trial under the 2004 Westray amendments to the Criminal Code and that the evidence will show that the company is criminally responsible for Lyle Hewer's death. Weyerhaeuser must be held accountable if convicted.' The Westray law is Canada's corporate manslaughter legislation, introduced after a lengthy union campaign. Hunt told a news conference: 'Our position is this: If the Crown refuses to proceed, the Steelworkers will.'

Europe: Unions to press for better work hours

Unions across Europe are expecting a review of working time rules to tackle the unhealthy problem of long and irregular hours. The European Commission announced last week a review of the EU-wide working time regulations. EU employment commissioner László Andor said: 'The failure to reach an agreement on revising the working time legislation last year does not mean the problems around the existing rules have gone away. We still need to find a balanced solution that addresses the real needs of workers, businesses and consumers in the 21st century.' He added: 'We need a comprehensive review of the rules based on a thorough impact assessment with a strong social dimension.' The European Trade Union Confederation (ETUC) said it wanted a 'balanced' and 'negotiated' solution with safety at its core. ETUC general secretary John Monks said 'there is a clear link between long and irregular working hours and increased work-related health problems. Although the world of work has changed, this evidence has not changed since the first legislation on working time, nor since we last discussed the revision of the working time directive. Protection of the health and safety of workers must therefore remain the primary goal of any review of the working time directive. This is of crucial importance for all workers, but in particular where workers in the performance of their jobs can affect the lives of third parties, for instance in healthcare professions or transport.' ETUC confederal secretary Catelene Passchier said there was a need 'to better define the win-win potential for workers and employers in designing intelligent solutions for the organisation of working time. Investing in healthy and sustainable working time patterns may imply short terms costs, but not investing in this might come at a much higher price for economies and societies.'

France: Unions criticise suicide response plan

Unions have said plans by France Telecom to address the 'social crisis' that has made the company name synonymous with workplace suicides do not go far enough. A spate of suicides have been linked to a company reorganisation forced through by management. Under the plan to remedy organisational ills that have seen the French president intervene, France Telecom will recruit 3,500 people in 2010 in order to reduce workloads and stress. The company has also said that job transfers will be voluntary and not mandatory, a departure from the previous policy. New CEO Stéphane Richard said the performance related pay of senior managers will also take account of social performance, including factors like employee attendance and satisfaction. France Telecom will also ensure that managers receive 'sensitivity' training and that decision-making is more decentralised. However, Pierre Dubois of the CFDT union said the plan does not go far enough and that there may not be enough new people hired to deliver the required workload reductions. Nabyl Beldjoudi of the Force Ouvriere union said that the plan sounds like a series of emergency responses and does not represent a comprehensive national strategy to deal with 'psychosocial risks'. Both unions, however, acknowledged that the company's plan moves in the right direction. According to a group hired by France Telecom to monitor stress levels, 11 France Telecom staff have taken their own lives since January 2010.

Mexico: Tense standoff at danger mine

Tensions remain high at Mexico's Cananea mine where 1,300 miners have occupied a Grupo Mexico copper mine defending their right to strike for health and safety standards on the job. The striking members of the National Miners' and Metalworkers' Union of Mexico (SNTMMSRM) at the Cananea copper mine in Sonora, Mexico, blocked the federal highway between Cananea and Agua Prieta on 16 and 17 March, demanding that the government step in to help broker a peaceful resolution. The miners have been on strike since July 2007 over massive health and safety violations in the notoriously dangerous Grupo Mexico-owned mine. Following an 11 February federal court decision giving Grupo Mexico permission to fire the striking workers and terminate the labour agreement, effectively eliminating the right to strike in Mexico, some 1,200 workers occupied the mine. News of the court decision and subsequent standoff has sparked international trade union action. The International Metalworkers' Federation and members of the United Steelworkers' (USW) joined SNTMMSRM members at the mine in the days following the initial occupation. SNTMMSRM has filed a complaint with the Washington DC-based Inter-American Commission on Human Rights, documenting human rights violations and political persecution union members face at the hands of the Mexican government and Grupo Mexico.

Resources

Safety is a union recruitment tool

Public sector union UNISON says health and safety is one of the main reasons people join unions - and it is making safety a key plank of a recruitment and organising drive. UNISON notes on its safety webpages: 'Your union has some of the best health and safety guidance in the UK. It also has specific recruitment materials which focus on health and safety. Use our health and safety recruitment leaflet to sign up new members.'

Events and Courses

TUC courses for safety reps

COURSES FOR APRIL 2010 to JUNE 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.
  • HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA. Tel: 01787 881165; fax: 01787 313995

Newsletter (5,500 words) issued 2 Apr 2010

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