Risks

issue no 7 - 23 June 2001

Risks is the TUC’s weekly e-bulletin. Risks aims to keep safety reps and others informed about TUC, union and other health and safety news. Edited for the TUC by Rory O'Neill of Hazards magazine.

Key items in this issue:

• Special Feature - Cullen report on Ladbroke Grove

• Queen’s speech: TUC briefing on possible draft Safety Bill

• New EU Noise Directive on the way

• TUC response to Victim’s Charter review

• NHS violence: unions respond to 'Red Card' for violent patients

Go to: Features Unions News International Action Events Links Details of NEW! TUC courses for safety reps

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FEATURE

Rail management safety failures blamed for deadly crash

Unions must have a greater say in safety on the railways, TUC general secretary John Monks has said. His comments came on the publication on 19 June of the official report into the October 1999 Ladbroke Grove train crash. Lord Cullen’s report concluded that poor management and not worker error was the cause of a crash that lead to 31 deaths, including both train drivers, and injuries to 400 passengers. Monks told the annual conference of the train drivers’ union ASLEF: "The travelling public can't trust Railtrack to run the railway safely. Lord Cullen has laid the blame squarely on Railtrack and Thames Trains, and vindicated the train drivers. Unions need a greater say over safety on trains, the workforce needs more safety training and the Health and Safety Executive needs more money from the government to ensure they can oversee Railtrack effectively.' Inspectors union IPMS also drew attention to the lack of resources for HSE specialist staff.

• Cullen report into Ladbroke Grove train crash: HSC news release

• HSE responds to the Ladbroke Grove report. HSE news release

• Unions and HSE need more influence over Railtrack to ensure railway safety. TUC news release

• Paddington inquiry reveals poor HSE resources. IPMS press release

• The Ladbroke Grove Rail Inquiry Part 1 Report, £25, from HSE Books. For a free online pdf version of the report, click here

UNIONS

Give a voice to the victims of workplace crime

The TUC is urging the Home Office to extend the Victim’s Charter to cover the victims of workplace health and safety crimes. A submission to the review says the inclusion of workplace safety crimes could: raise the profile of health and safety by emphasising that health and safety breaches leading to injury are as serious as any violent assault; encourage courts to raise the level of fines for breaches of health and safety law; provide an incentive to managers to improve health and safety to avoid coming face to face with the effects of their negligence in court; and provide the same relief, knowledge and respite for victims of workplace crime that is currently provided to other victims.

• Giving workplace victims a voice: The victim’s charter. The TUC response to A Review of the Victim’s Charter - full text

T&G gets 'substantial' back injury compensation

The Transport and General Workers’ Union has won 'a substantial compensation award' for a member who suffered a back injury while working for a company with an award-winning safety record. The employee of Centrex Ltd, who suffered a slipped disc after being put on lifting duties, was awarded an undisclosed sum at Plymouth County Court after a judge ruled lifting on the job 'was wholly causative of her disc prolapse and she would probably have gone through the whole of her working life without sustaining such a prolapse if it had not been for that work.' T&G regional officer Alan Swales said: 'No matter how safe you may think your employer is, you should make sure you have your union backing you up. In terms of prevention and compensation, there is no substitute for union representation.'

• T&G news release

Relieve the call centre pressure, says UNISON

"Call monitoring systems have increased pressure on call centre staff making them feel less like human beings and more like an extension of technology," a new UNISON report warns. Holding the line says instead of freeing call centre workers to take on more creative tasks, new technology is often used to chain them more firmly to their workstations. UNISON concludes that making call centres a safe and rewarding environment is in the best interests of staff and management. The report recommends improvements including: high standards of health and safety; a good working environment based on sound ergonomics; non-oppressive monitoring systems; and management that listens to union representatives.

• UNISON press release

• Holding the Line. First copy free to UNISON members, subsequent copies £5, or £15 to non-UNISON members. Order and cheque payable to UNISON to Jon Besserman, UNISON Communications, 1 Mabledon Place, London WC1H 9AJ

Each week’s road deaths marked by 70 pairs of empty shoes

A line of 70 pairs of empty shoes from men, women and children represents the weekly deaths due to road accidents in the United Kingdom. The display, organised in Manchester by the Transport and General Workers’ Union as part of its contribution to the 22-24 June Hazards 2001 Conference, illustrates that 'the road network of the UK must be included as part of the workplace for all working drivers together with workshops, factories and offices,' said Dave McCall, T&G regional secretary. He added that employers, government and safety agencies 'should work together with the trade unions to reduce this unacceptably high death toll which occurs each week on UK roads.' The annual Hazards Conference attracted over 550 delegates this year, and is the premier event for trade union safety reps in the UK.

• T&G news release

• More on unions and work-time road safety, see Risks 5

NEWS

Safety Bill should cover railways, rehabilitation, responsibility

The Queen’s Speech on Wednesday (20 June) reiterated the Government’s promise of a draft Safety Bill. The TUC wants the Bill to revitalise health and safety, and deal with the '3Rs' of railways, rehabilitation and corporate responsibility, as well as abolishing crown immunity.

• TUC briefing

Business should forget drug tests and tackle its own bad habits

The TUC has criticised a business organisation for attempting to justify drug and alcohol testing at work as a health and safety measure. Former Conservative MP Piers Merchant, now Director of Campaigns at the London Chamber of Commerce, said ahead of a 19 June business conference: 'Substance abuse is a major issue for business especially with growing numbers of women developing drink problems. For firms there is the added risk of being prosecuted under health and safety legislation or sued as a result of an action by a worker suffering from the effects of drink or drugs.' But TUC general secretary John Monks said Merchant was missing the point. "This is just another example of blaming workers for injuries and illnesses actually caused by plain bad management. All the reliable evidence shows that the main cause of injuries at work is management failure - it certainly isn't alcohol - and if people at work are drinking more, you have to ask whether the rampaging epidemic of long hours, staff cuts and stress is to blame. Drug and alcohol testing don't work, they are often an abuse of management power, and they are treating the symptom instead of the cause."

• To see the London Chamber of Commerce press release, click here then go to 'Voice for London Business', then 'Press releases' (sorry!)

• TUC safety webpage on smoking, drink and drugs

• For a report on US union efforts to deal constructively with drug and alcohol use, see Risks 3

MSF welcomes HSE stress study

A major new study looking at anxiety and depression among UK employees has been launched at Loughborough University. Funded by the Health and Safety Executive (HSE) the study is being conducted by the university’s Department of Human Sciences. Chris Ball, MSF National Secretary for the Working Environment, welcomed the announcement. 'This is excellent news for those of us in MSF who have been working in this area for years.'

• MSF press release

Government to show health service violence the red card

Violent or abusive patients could be banned from hospitals for a year under new government guidelines. The "zero tolerance" policy, to be published in the autumn, will include a soccer style 'red card' and 'yellow card' warning system. A yellow card may be issued to patients who commit an act of violence, make an offensive or sexual gesture, or use threatening or abusive language. A red card for a second offence could see them denied treatment if a clinician established their condition was not life-threatening. The government move follows the publication last year of guidance on prevention of violence in the NHS, and the creation of an NHS 'zero tolerance' website. UNISON Scotland, which already operates its own zero tolerance programme, welcomed the government card scheme proposals and said it had approached the Scottish Health Minister to see if the card system could be extended north of the border.

• Department of Health news release

• Violent patients face ban, BBC Online, 18 June 2001

• NHS zero tole r ance website

• UNISON national press release and Scotland press release (and scroll down!)

Widow receives six-figure asbestos payout for husband, 39

A widowed mother of two received a 'substantial six-figure sum' in compensation after her husband became one of the country’s youngest victims of the asbestos related lung cancer, mesothelioma. Robert Kirk died on 11 February 1997, aged 39. He had been employed as a heating engineer, and was exposed to the asbestos used to lag pipes and boilers. The compensation will be paid by Mr Kirk’s former employers, Hallamshire Heating Company Limited, and their insurers. Widow Julie Kirk’s legal battle was hindered because her husband’s former employer went into liquidation soon after his death. Solicitors acting for the widow traced the company’s insurers after suing the former company directors.

• Press r e lease - click on the 18/06 story

INTERNATIONAL

EU Noise Directive backed by Council of Ministers

The Council of Ministers on 11 June 'reached common position' (Euro-jargon for 'agreed') a Directive on Noise, which will now go to the European Parliament for further debate. The new Directive improves on previous European law by reducing the noise levels at which various action is needed, but the TUC still wants tougher provisions on hearing tests, more safety rep involvement and fewer exclusions. MEPs will be lobbied to back the TUC’s call.

• · TUC briefing on the Directive, including the current text

Banana workers win international labour and safety rights

International foodworkers' unions confederation IUF, banana workers' unions (COLSIBA) and the multinational Chiquita have signed an "historic agreement on trade union rights for banana workers." The agreement guarantees core trade union and employment rights to banana workers. Health and safety is also covered, with the agreement saying: "Chiquita acknowledges its responsibility to provide safe and healthy workplaces, and Chiquita and the IUF/COLSIBA agree to collaborate in efforts to further improve the health and safety of the Company's banana operations."

• IUF news release

AUSTRALIA: State parliament picketed for compensation rights

Trade unionists in New South Wales, Australia, picketed the state parliament on 19 June in a bid to block damaging changes to the workplace compensation system. Proposed workers’ compensation legislation 'is a direct attack on benefits to the working people of this state,' reports Workers Online, the Labour Council of New South Wales online journal. 'The legislation has been hastily compiled and introduced without any consultation with the trade union movement.' The changes take away the right to sue negligent employers for all but the most seriously injured workers. The new law would also introduce binding medical panels where workers will not be allowed to challenge a decision in the courts. Unions have pledged to continue their fight against the erosion of the compensation system.

• Latest news on the NSW union compensation ca m paign

• Workers Online compensation page

FINLAND: Unions demand tighter wood dust exposure limits

Finnish unions are to seek a much tighter workplace exposure standard for wood dust. 'Although the Wood and Allied Workers' Union has long fought for a tightening in the standard to 1 milligram per cubic metre, the employers have so far managed to resist such reforms,' reports Trade Union News from Finland. The current wood dust standard in Finland is 5 milligrams (mg) of dust per cubic metre of air - the UK maximum exposure limit is the same. 'However, studies suggest that concentrations of as little as 1mg per cubic metre already cause symptoms in the eyes, nose, throat, skin and lungs,' says the report. Sweden, Norway and Denmark currently have a wood dust standard of 2mg per cubic metre, but are campaigning for the 1mg standard.

• Trade Union News from Finland report

CANADA: Disney wins Sweatshop Retailer of the Year

Disney has nosed out Wal-Mart - owner of UK supermarket chain ASDA - in this year’s race for the 'Sweatshop Retailer of the Year' award. According to Bob Jeffcott of the Toronto-based Maquila Soldarity Network, which co-sponsored the awards with Oxfam Canada, close to 3,000 concerned consumers in Canada and other countries voted online, selecting Disney from among four retailers most associated with sweatshop abuses over the past year. Nike finished third in the vote. The winners of the Sweatshop Retailer Awards, 'the Sweaties,' were announced on June 18 at a mock awards ceremony.

• Maquila Solidarity Network report

ACTION

Fight asbestos industry dirty tricks

Asbestos industry lobbyists are using dirty tricks in an effort to get prominent Brazilian asbestos ban campaigner Fernanda Giannasi fired from her job as a health and safety inspector. An Asbestos Institute letter to the Brazilian Ministry of Labour urges it "to take the necessary measures" to silence Fernanda. Unions and health and safety campaigners in the UK and internationally are now mounting a campaign to defend Fernanda, who has won international awards for her work and has made regular appearances at TUC events, and union conferences in the UK and elsewhere. All-Party Group on Occupational Safety and Health Chair Michael Clapham MP has sent a letter of support.

• Write in defence of Fernanda Giannasi Letters should be faxed or mailed to: Honorable Francisco Dornelles, Minister of Labour, Government of Brazil, Esplanada dos Ministerios - Bloco F, 70059-900 Brasilia - Distrito Federal, Brazil. Fax: 00 55 61 226 3577 - e-mail to ministro@mtb.gov.br or vera.sefit@mte.gov.br and copy supportive emails to secom@planalto.gov.br

• International Ban Asbestos Secretariat

Workers can make better workplaces

Europe’s unions say workers have a crucial role to play in the design of products and work methods - and are preparing a report to prove it. The TUC-backed Trade Union Technical Bureau for Health and Safety (TUTB), based in Brussels, is looking for 'concrete examples' where unions or others have used workers’ experiences and views to better design machines, personal protective equipment or workplaces.

• Briefing on the project

EVENTS

Human Genetics Commission open meeting, 25 June

For more on the HGC open meeting, go to the Human Genetics Commission website. Attendance is by ticket only: phone 020 7972 1518 or email HGC. A report on the Commission appeared in last week’s Risks 6.

European week, 15-22 October

European Health and Safety Week 2001 will have the theme 'Success is no accident'. The TUC is backing the week and will be preparing resources to help safety reps in workplace inspections, investigations and reporting. Details from the European Agency, including factsheets on accident prevention.

Law enforcement and corporate accountability, 21 November

The TUC is teaming up with the Centre for Corporate Accountability (CCA) for a joint conference to be held in London and covering HSE enforcement, corporate manslaughter and sentencing. Contact the Centre for Corpo r ate A ccountability to be kept up to date with developments in this conference.

Stress, 1 December

National Work Stress Network Conference, NASUWT Hillscourt Conference Centre, Birmingham. This year the theme is 'Revitalising safety and action on workplace stress.' Contact: Ian Draper.

Women, work and health 3rd international congress, 2-5 June

The 3rd international congress will take place in Stockholm, and registration before 1 March 2002 costs £164 including VAT (not too bad for three days) - but hotel costs for single rooms range from £78 to £184 a night. President of LO Sweden Wanja Lundby-Wedin will be making the keynote address, and we are keen to ensure a bigger trade union presence than at previous events. Details and registration forms.

LINKS

Visit the TUC health and safety website or the main TUC website pages on health and safety.

Subscribe to Hazards magazine, supported by the TUC as a key source of information for union safety reps.

See what’s on offer from TUC Publications.

Find out about TUC courses for safety reps and others in your area:

Wales - NEW! September-December 2001

Scotland

East Midlands - NEW! September-December 2001

West Midlands - NEW! September-December 2001

Southern and Eastern

South West - NEW! September-December 2001

North West - NEW! September-December 2001

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.

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