Risks

issue no 11 - 21 July 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. Send views about this bulletin to Owen Tudor. If you know anyone who might want to receive this or future issues, copy this to them or ask them to check out www.tuc.org.uk/risks/ where all issues are archived. To register to receive this bulletin every week, click here.

Go to: Contents Feature Union news Other news International Action Events Links TUC courses for safety reps Disclaimer Privacy statement

CONTENTS - click to see this week’s stories!

FEATURE: crime and punishment

Double helping of Ministers at TUC/CCA law conference

Government ministers Alan Whitehead (DTLR) and Keith Bradley (Home Office) have both agreed to address a TUC-backed conference on corporate accountability. The TUC is teaming up with the Centre for Corporate Accountability (CCA) for a joint conference to be held at Congress House in London, sponsored by Russell Jones & Walker. Registration costs £25 (£5 unwaged).

Director in the dock on corporate manslaughter charges

A company director has appeared in court charged with manslaughter and health and safety offences relating to the death of 12-year-old Gerard Byrne. The case against the director responsible for health and safety, Michael Jepson, and his companies, HJ Lee Oakes Ltd and Oakes Miller Ltd, commenced at Chester Crown Court on 16 July. Gerard Byrne was run over by an articulated lorry reversing out of the company’s Congleton animal feed mill on 22 June 1999. Four years before the incident, the company had been advised by the HSE to change this practice but had failed to act.

  • Press report from the Chester Chronicle

Death prosecution follows four year HSE delay

The HSE is prosecuting Moores Timber Merchants Limited and its director Paul Michael Broadbent for health and safety offences following a work-related death - four years after the death, and over a year after a High Court judicial review decided HSE was wrong to refuse to investigate the incident in the first place. Mohammed Omar Akhtar, 19, died in 1997 after the car he was driving was in collision with a forklift truck belonging to Moores Timber Merchants. After the Judicial Review’s ruling, government minister Michael Meacher apologised to relatives of Mr Akhtar for HSE’s failure to investigate his death. The cases are due to be heard before Trafford Magistrates' Court on 11 October 2001.

UNION NEWS

T&G calls for child-safe farms

The Transport and General Workers’ Union says the government’s farming review must examine not only food production but also the farming safety regime. The call comes as new HSE statistics reveal the number of farm fatalities increased from 44 to 53 last year and included four children. Barry Leathwood, national secretary for agriculture at the T&G, said: 'The government must introduce legislation banning children from driving tractors and working on the farm. Children of all ages and for whatever reason should be kept off the farm unless closely supervised by adults and a proper written risk assessment conducted.' He added: 'An urgent review of childcare and crèche facilities in rural areas also needs to be undertaken to ensure that there is adequate provision to help avoid children being taken onto the farm by their parents.'

NASUWT takes on homophobic bullying

Teachers’ union NASUWT has produced a guide on the prevention of homophobic bullying in schools. The guide says homophobic behaviour can result in negative consequences from damage to self-esteem to premature death. The guide covers defining the problem, establishing how widespread the problem is, mapping its effect on teachers and pupils, creating a positive culture in schools, responsibilities of the employer and strategies and support for NASUWT members. Much of the guide is useful for tackling homophobic bullying in a non-school environment.

  • Tackling homophobic bullying ( PDF or word version) from NASUWT, Hillscourt Education Centre, Rose Hill, Rednal, Birmingham, B45 8RS. Tel: 0121 453 6150

T&G partnership in line for European safety award

Castleford-based chemicals company Hickson & Welch has been nominated for a European Agency safety award as a result of its successful health and safety partnership with the Transport and General Workers’ Union. T&G convenor Chris Emsen said: 'the TGWU at Hickson strongly believe that we all have a responsibility to work together to make work as safe as it can be.' The partnership was featured in the recent TUC/CBI brochure Creating partnerships for prevention. The award winners will be announced in October.

OTHER NEWS

Over a million violent incidents at work

Workers in England and Wales experienced 1.3 million violent incidents in 1999 according to new figures. This is one of the key findings of "Violence at Work: New Findings from the 2000 British Crime Survey", taken from Home Office research and produced jointly with the HSE. The report also finds that only 18% of workers say that they have received formal training in their current job about how to deal with violent or threatening behaviour. Seventy two per cent had received neither formal training nor informal advice. Even amongst high-risk groups the level of training provision did not exceed 50%, with the exception of security and protective services where 71% received training.

New HSE tool to assess workplace manual handling strains

The HSC has made work-related musculo-skeletal disorders (back strain and RSI) one of its eight main priorities. And to help Inspectors enforce the law on manual handling, HSE has developed 'a user-friendly screening tool… to identify key musculoskeletal risk factors without necessarily having to call on specialist back-up in the first instance.' In an article in the Ergonomics Society’s website, HSE says the tool, based on flow charts, will enable inspectors 'to make an initial appraisal of the work activities and determine the extent to which musculoskeletal risks were being managed by employers.'

  • HSE article on the strains assessment tool

HSE talks your language - six of ‘em

The HSE has published its Health and safety law: what you should know leafletin six languages - Bengali, Hindi, Gujarati, Punjabi, Urdu and Chinese. HSE director general Timothy Walker, said: "It is important that workers are aware of health and safety issues in their place of work, both for their own safety and the safety of others. Britain is a multicultural society and employers need to consider how to get the message across to employees who do not have English as their first language. We have therefore produced this leaflet in six ethnic languages. It will help employers to comply with the law by making their staff aware of vital health and safety information."

Judge slams tube over 'dangerous' Dave’s safety standards

A judge accused London Underground of institutional blindness and 'lip service' to safety after it allowed a regime of risk and danger to fester for four years. Blackfriars Crown Court heard that track workers were repeatedly forced to risk death at night from electrocution and passing trains. London Underground pleaded guilty to the charges. Sentence was deferred until January. Former Tube signals operations manager 'Dangerous' David Elkington, 51, was ordered to pay a total of £5,000 in fines and compensation. The judge branded Elkington a dictatorial bully for forcing those under him to work in such dangerous conditions and ordered him to pay compensation to 13 of the 20 men who had worked under him.

  • · Rally against Tube privatisation

  • Coverage in Construction News - secret report on tube safety

Getting off the train alive

The HSC is proposing a legal change to ensure train companies detail how they will evacuate passengers from trains in an emergency. This proposal arises from Lord Cullen's Part 1 Report following the Ladbroke Grove Rail Inquiry, published on 19 June 2001. The report recognised that the existing regulations require safety cases to cover evacuation, but recommended that they should also explicitly cover escape. TUC general secretary John Monks said: "The travelling public will want to know that train companies have proper evacuation plans. And it's difficult to see how anyone can have confidence in such plans where there is only a driver on the train." The Ladbroke Grove enquiry heard how passengers in the rear carriage of the Thames Turbo were only able to escape through the back door because two off-duty train staff were travelling on the train.

  • Comments in writing by 7 August by email to Michael Madeley or post to HSE Railways Directorate, Rose Court, London SE1 9HS

INTERNATIONAL

EUROPE: Employers and unions agree on new safety strategy

As part of the debate over a new health and safety strategy for Europe, an influential European Commission committee of unions, employers and consumers has backed new legislation on asbestos, noise, and repetitive and monotonous movements. The Economic and Social Committee (ECOSOC) has proposed new help for disabled people to return to work, and has told the Commission that employers should go beyond compliance with safety laws, develop corporate responsibility, and set targets for improvements in safety and job quality. It has also said that the European Social Fund should be used to train managers in health and safety and to raise awareness of health and safety in small firms. TUC’s Owen Tudor commented: "Employers and unions have agreed a far-reaching agenda for health and safety in Europe. A lot of work is needed to turn these proposals into a European strategy, but a lot of what unions want will be delivered if governments accept what the social partners have proposed." The TUC has written to Ministers and the HSC urging that they support this social partner initiative.

  • Economic and Social Committee Opinion

EUROPE: Harassment is a health and safety issue

Members of the European Parliament have said that workplace harassment must be considered a health and safety issue. The Parliament’s Committee on Employment and Social Affairs says quantitative indicators of bullying at work should be developed, and recommends member states require businesses to "put in place effective prevention policies." The document, drafted by Jan Andersson MEP, endorses a "dignity" approach to overcoming harassment.

  • European Parliament report on harassment at the workplace

SPAIN: Twelfth EU country announces asbestos ban

The Spanish Minister of Health has announced that asbestos will be banned in Spain from 1 January 2002. The move follows a lengthy campaign led by union federation Comisiones Obreras (CC.OO). Now only Luxembourg, Greece and Portugal in the European Union have to announce asbestos ban dates. Luxembourg is to consider a 2002 ban. All EU countries must ban asbestos by 2005.

AUSTRALIA: Fine for company that filmed groin treatment room

An Australian company installed a secret video camera in a room where female employees stripped off and had heat rashes on their groins treated. ACI Glass Packaging was fined around $180 at Penrith Local Court after pleading guilty to breaking the Workplace Video Surveillance Act. The Australian Manufacturing Workers Union brought the case after staff discovered the camera hidden in the ceiling of the factory. More than 300 workers went on strike for two days in December after the camera was found, costing the firm a reported $430,000. Workers demanded the company remove the camera immediately and assure them there were no other cameras in the factory.

KOREA: Compensation for chronic fatigue syndrome

A Seoul court has ruled that Chronic Fatigue Syndrome (CFS or ME) should be regarded as a work-related illness. The court ordered the Korea Labor Welfare Corporation, the official workers’ compensation agency, to provide compensation to a 45-year-old former taxi driver to cover medical expenses. The Korea Herald reports that the man had claimed his CFS was due to work-related exhaustion and stress. The lawsuit was filed after the Korea Labor Welfare Corporation turned down his original application for compensation for job-related illness. An official of the Corporation said this is the second time that a court has ordered the organization to grant compensation in relation to CFS.

USA: Union says 'stop ergonomics consultation sham'

Representatives of the Union of Needletrades, Industrial and Textile Employees (UNITE) have demanded that Labor Secretary Elaine Chao stop delaying action on a new US ergonomics standard. Eric Frumin, UNITE's health and safety director, said the Occupational Safety and Health Administration, part of the Labor Department, must be allowed to act. "After 20 years of OSHA citations, 10 years of formal rulemaking, two major reviews of the scientific literature by NIOSH and the National Academy of Sciences, OSHA has suddenly said to employers: 'We don't know if these injuries are real, or if they are work-related.' What a terrible signal to send to employers who are looking for effective guidance!" UNITE is the largest apparel and textile union in North America, known for its aggressive organising and defence of workers' rights.

  • Union viewpoint on the Labour Secretary’s ergo hearings

ACTION

Safety reps: TUC recommendations for action in Euroweek

The UK’s plans for European Health and Safety Week in October this year are spelled out in a new newsletter from the HSE. In it, TUC general secretary John Monks sets out what the TUC wants safety reps to do, including: a joint inspection aimed at slip and trip hazards; a special investigation of a recent accident or developing an investigation policy; and setting targets with employers for accident reduction in each workplace, along with an action plan on how to deliver them.

Jobs at European trade union safety bureau

The European Trade Union Technical Bureau for Health and Safety is seeking applications for two posts. The first is a permanent post as a researcher in chemical substances, acting as a union-side expert in European discussions on the issue. The second is a temporary (two-year) post as a researcher on chemicals and the environment. Application deadline for each post is 1 October.

EVENTS

Campaign Against Tube Privatisation rally, 23 July

ASLEF is seeking wide support for a rally against the government’s public-private partnership plans for the Tube. The demonstration against PPP on the Tube marks the first day of London mayor Ken Livingstone's High Court action challenging the government’s plans. Meet at the Royal Courts of Justice, The Strand, London, (nearest station Charing Cross, 10 minutes walk), 9.30am, Monday 23 July.

European Work Hazards Conference, Vienna, 21-23 September

A worker-sympathetic Europe-wide conference for academics, safety professionals, union reps and shopfloor workers. Conference details. To express an interest, e-mail the delegation co-ordinators for England and Wales (Caroline Bedale) or for Scotland (Jim Swan).

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 at Congress House in London, sponsored by Russell Jones & Walker. Registration costs £25 (£5 unwaged). Details and a downloadable registration form.

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 in 2002, 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.

European Week of Health and Safety 2002: 14-21 October

Next year’s week will take place in Britain from 14 October, on the theme of stress.

LINKS

Visit the TUC health and safety website or the main TUC website pages on health and safety. See what’s on offer from TUC Publications.

Find out about TUC courses for safety reps:

Wales - September-December 2001

Scotland - September-December 2001

East Midlands - September-December 2001

West Midlands - September-December 2001

Southern and Eastern - September-December 2001

South West - September-December 2001

North West - September-December 2001

Northern - contact the TUC Regional Education Officer

Yorkshire and Humberside - contact the REO

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.

Disclaimer

Although the web links were all checked at the time of posting this bulletin, we are not responsible for most of the websites you will be taken to. Sometimes they are temporarily offline (so try again!) or change so that the links no longer work.

Privacy statement

Information provided by you will be used by the TUC for the effective administration of this site and to record user patterns. We will not disclose any details to any third party, except to any service provider managing or administering the site on the TUC’s behalf. We may contact you with details of TUC initiatives, services and products but will never pass your e-mail address or other details to another organisation, other than our service providers for management and administration purposes.

Newsletter (3,200 words) issued 21 Jul 2001

This page http://www.tuc.org.uk/workplace/tuc-3438-f0.cfm
printed 23 May 2012 at 08:17 hrs by 38.107.179.232