Risks

issue no 13 - 4 August 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 1: Death rates rise Feature 2: Asbestos Union news Other news International Action Events Links TUC courses for safety reps Disclaimer Privacy statement

CONTENTS

Feature 1: death rates rise

Feature 2: asbestos

Union news

Other news

International

Action

FEATURE 1: DEATH RATES RISE

Dramatic upturn in workplace deaths

Britain has witnessed a dramatic increase in workplace fatalities, provisional statistics show. HSC figures for the year 2000/01 indicate an increase of 34 per cent increase in fatalities, with 295 deaths compared to 220 in 1999/2000. This represents an increase in the rate of fatal injuries from 0.8 to 1.1 per 100,000 workers. Construction, agriculture and the service sector have been particularly hard hit. The figures show that of the 295 fatalities, 106 occurred in the construction industry and 46 in agriculture. Service sector deaths increased to 72, from 44 deaths the previous year.

Commenting on the figures, HSC chair Bill Callaghan said: "Every organisation needs to put health and safety at the head of its agenda. Responsibility starts at the top - in the Board Room and with the Chair or Chief Executive.'

TUC general secretary John Monks said: 'The need for a new Health and Safety Act to revitalise health and safety, with more inspectors for the HSE and a new law against corporate killing, couldn’t be starker. Unions will do what we can, and it’s more noticeable than ever before that workplaces with safety reps and a partnership between the managers and the union have accident rates half those of workplaces without unions. People at work deserve protection from death and disease, and employers should drop their ideological objections to the roving safety reps who could solve so many problems and protect so many lives.'

Michael Clapham MP, chair of the All-Party Group on Occupational Safety and Health, said: " There is a need to strengthen the safety culture… We need a new Health and Safety Act, to revitalise prevention and give employers clearer responsibilities for protecting workers' lives. We also need more inspectors, and more resources for the HSE and local councils who employ them."

  • Safety Statistics Bulletin 2000/01 (C65), free onlin e in pdf format (we are having some problems connecting to this - the link may work better at a later date). Paper copies can be ordered from HSE Books

Construction unions demand jail for bosses to stop loss of life

Responding to the worst construction fatality figures in a decade, construction unions have called for harsh penalties, including jail, for negligent employers. UCATT general secretary George Brumwell, who also serves on the Health and Safety Commission, said: ' We can't wait another three years for legislation on corporate manslaughter, by then another 200 to 300 lives will have been lost. We need action now.' He added UCATT was particularly concerned about the rise in fatalities amongst self-employed workers - up from 20 to 34. 'UCATT has consistently pointed out that the widespread use of bogus self-employed labour in the industry undermines safety on sites.' Jack Dromey of the Transport and General Workers' Union said: 'I believe the safety record in the building industry will be transformed the minute a boss is jailed for the death of a building worker. It is a national disgrace that since 1974 more than 3,000 building workers have been killed, yet no company director has spent one night in prison as a result. The time has come for the government to act and introduce tough new measures on corporate manslaughter.'

CPS deal lets director escape workplace manslaughter charge

The Centre for Corporate Accountability has criticised an 'extraordinary' decision to drop all criminal charges against a company director implicated in a workplace death. Melvyn Hubbard, a director of the building firm English Brothers Limited of Wisbech, had been facing charges of manslaughter and of breaching safety law after the death in a work fall of 56-year-old Bill Larkham. However, just before the trial started on 30 July, the Crown Prosecution Service (CPS) informed the court that it had accepted a guilty plea from the company, but was dropping all charges against Mr Hubbard. CCA director David Bergman commented: 'It seems extraordinary that one moment the CPS considers there is sufficient evidence to prosecute Mr Hubbard for both manslaughter and a health and safety offence, and then the next moment - simply because the company has pleaded guilty - for it to drop not only the manslaughter charge but also the health and safety charge.' He added: 'There appears to be a real lack of commitment on the part of the CPS to bring company directors to account for their own individual safety failures even when they are extremely serious.'

  • · Construction News item - go to this page and click on 'Contractor fined' story

FEATURE 2: ASBESTOS NEWS

New official guidance on asbestos surveys in buildings

The HSE has published guidance on how to survey workplace premises for asbestos-containing materials and how to record the results. Surveying, sampling and assessment of asbestos-containing materials has been produced as a standard for people carrying out or commissioning asbestossurveys in buildings. The guidance contains advice on assessing a workplace including: locating the extent and nature of any asbestos; assessing the condition of the material in order to determine whether it presents a risk; and recording the information in a clear and easily usable form. HSE says anyone undertaking asbestos surveys or samples should have appropriate training and experience, and be able to demonstrate independence, impartiality and integrity. A new law is in the pipeline, requiring asbestos surveys in buildings.

  • Copies of Surveying, sampling and assessment of asbestos-containing materials, Ref MDHS 100 ISBN 0 7176 2076 X price £18.00 are available from HSE Books

Argentina to ban asbestos

The government of Argentina has announced it is to ban asbestos. The 1 August Official Bulletin announcement says: 'The production, import, trade and use of asbestos, variety chrysotile, and products containing it, is forbidden over all the country, starting January 1, 2003.' And many common products will be banned within 60 days of publication of the announcement. This move appears evidence of the 'domino effect' long feared by the asbestos industry. Both Spain and Australia announced asbestos phase out dates in the last month.

US asbestos scandal leads to calls a ban

A US Senate subcommittee has been confronted by the dangers of asbestos and the failure of regulators to protect workers and the public. Pointing to a death toll that could reach half a million by the year 2030 among US workers exposed to asbestos, several public health experts called on Congress to ban asbestos. Richard Lemen, a former deputy chief of the US Public Health Service, said that the projection does not include "the countless number of unsuspecting consumers using asbestos-containing products," including braking mechanisms, dishwashers, floors, lamp sockets and cat litter. "With all the scientific data and knowledge about asbestos, why is it still allowed?" he asked at a packed hearing before the Senate Committee on Health, Education, Labor and Pensions. "Now is the time for the United States to join the growing list of nations that have banned the further importation and use of asbestos." Concern about asbestos risks has heightened in the US after it was revealed 'an alarming number' of residents living in the vicinity of a Libby, Montana, vermiculite mine owned by asbestos giant WR Grace & Co. had developed asbestos disease caused by 'naturally-occurring' asbestos contamination.

  • Libby story in Seattle Post-Intelligencer fe a ture

Legal win for widows of Australian dock workers

Widows of Australian waterside workers who died from asbestos disease will benefit after a breakthrough settlement. A report in the journal of the Maritime Union of Australia (MUA) says 11 widows in Melbourne reached a settlement with the federal government’s Stevedoring Industry Finance Committee and others recognising for the first time the economic value of the work their husbands did at home. Previously a widow's claim was not viable if her husband was retired or not working at the time of his death, unless he was working at the time of diagnosis. Lawyer Suzanne Sandford of Slater and Gordon said: "Until these cases, the courts and the defendants had not recognised the substantial contribution that non working men make at home - mowing lawns, home maintenance, driving, painting, gardening."

Giant French artwork coated with asbestos

One of the world's largest paintings, a 6,450-square foot celebration of science and the wonder of electricity, is coated in cancer-causing asbestos. The Museum of Modern Art in Paris told Reuters work would begin in December to remove the mineral fibre from the back of the 250 wood panels that make up fauvist painter Raoul Dufy's 1930s masterpiece "La Fee Electricite." French law requires that all asbestos be removed. Le Parisien newspaper put the cost at 7 million francs (£660,000).

UNION NEWS

TUC says successful RSI cases are the tip of the iceberg

For every person winning compensation for repetitive strain injury (RSI) another 50 are suffering in silence, the TUC has revealed. TUC says over 150,000 people each year are suffering RSI but just 3,000 managed to take a successful case last year. The TUC hopes that better preparation will help more sufferers to obtain fair compensation, while also weeding out cases likely to fail. In a move intended to assist sufferers, the TUC has published guide, How to win an RSI compensation case. The TUC's aim is to encourage business to work in partnership with union safety reps on positive prevention programmes and rehabilitation for sufferers, with compensation as the last resort.

  • How to win an RSI compensation case by lawyer Nigel Tomkins, from TUC, price £50 (£5 for trade unions). Available from TUC Publications

Partnerships for prevention: TUC conference report

The TUC has published a report of the conference which launched its 'partnerships for prevention' initiative. The report includes reports of the speeches of employer representatives like John Cridland, CBI deputy director general and Forum of Private Business founder Stan Mendham. Other speeches covered include those of then health and safety minister Lord Whitty and current HSC Chair Bill Callaghan. Partners on parade includes case histories and is fully illustrated.

NUT gives teacher harassment and bullying protection

Teachers’ union NUT has issued guidance to its members on harassment and bullying. The union says the guide 'seeks to define unacceptable harassment and bullying and to reassure you that protection is available from your union and show you how to go about seeking advice and assistance.'

  • NUT Harassment and bullying guidance in word and pdf formats

OTHER NEWS

Death threat clears Edinburgh streets of traffic wardens

Traffic wardens had to be taken off Edinburgh's streets after a death threat was broadcast on their personal radios. A hacker who tapped into the radio frequency warned a madman was on the loose and would shoot a warden. Operating company Apcoa ordered the parking attendants off the streets until police gave the all-clear. The incident comes a few months after an Edinburgh traffic warden was injured in a hammer attack. Hugh Robertson of UNISON said traffic wardens do an invaluable job, but added that pressure to raise revenue through penalties was heightening the violence threat. 'This has led to pressure on staff to issue as many tickets as possible rather than move drivers on. The increased privatisation of this service has also led to more pressure to meet targets and more wardens operating on their own, rather than in pairs.' He added: 'UNISON has called on the government to make an attack on any public worker, including parking control wardens, a specific offence in the same way as it is to attack a police officer.' The results of a UNISON survey of violence to parking control wardens will be published in September.

Workers safety adviser pilot scheme imminent

The HSC has announced the latest moves towards a roving safety reps’ scheme. HSC chair Bill Callaghan said the 'Worker Safety Adviser' (WSA) pilot scheme will run over the next 18 months. Pre- and post- visit surveys will be carried out to assess the advisers’ effectiveness in raising health and safety standards. Mr Callaghan said: "There is strong evidence that workplace-based safety representatives make a positive contribution to improving health and safety standards. We need to know whether similar expertise can help to improve employee consultation and health and safety at workplaces that do not currently enjoy the benefits of safety reps. The key to good health and safety is a partnership approach. This means good dialogue between managers and workers - and consultation with workers and their representatives over all issues that affect their health and safety. The pilots will be entirely voluntary and reliant on the active co-operation of all those involved."

HSE: Third helping of CHIPs

Revised laws on chemical information and packaging are to be introduced. The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (CHIP) will be updated to a create new regulations - known as CHIP 3 - consolidating CHIP and its amendments. Major changes in CHIP 3 including the inclusion of environmental effect classifications, with new dead fish and tree symbols. Allergy warnings, better cancer risk information and improved safety data sheets will also be required. HSC/E will issue a consultation document in September 2001, with the new regulations coming into effect in the spring of 2001/2002. HSE says chemical suppliers should be working on CHIP 3 already.

Court threat from overworked doctors

Junior doctors starting their careers this week will now be able to sue hospital bosses who make them work too many hours. The British Medical Association (BMA), which represents most junior doctors, negotiated a crackdown on long hours last year with the government. An unenforceable hours guide was replaced on 1 August with government regulations requiring every contract with a newly-qualified junior to include a 56-hour week upper limit. The most recent government figures show the majority are still working more than the 56-hour a week maximum, and that the situation has actually worsened since last year. The BMA has indicated that it would be prepared to back any junior with a genuine case. Similar concerns have been raised in the US, where studies have shown a negative impact of long hours on doctors’ health and performance.

INTERNATIONAL

Pakistan: Pilots wear black armbands in safety protest

Pilots are to wear black armbands to protest about new work rules which they claim put passengers' lives at risk. The Pakistan International Airline pilots say they are worried about standards for maximum flight duty times and minimum breaks between flights. The pilot protest follows a two-week 'go-slow' in April, which delayed thousands of passengers. Captain Zia Kazmi, president of the PIA Pilots Association, told Pakistan's News International website: "As a mark of silent protest against such disregard for flight safety by PIA management, all pilots shall wear black armbands on their left sleeve."

US: Airline sued over pesticides in planes

Flight attendants are being sickened by exposure to pesticides that are sprayed on airplanes serving Australia and New Zealand, a lawsuit filed against United Airlines claims. Spraying is normally done in vacant cabins while the plane is on the ground, but 'we're still seeing planes getting sprayed and within an hour they are being boarded by crew and passengers,' said Jeff Zack, a spokesperson for the air crew union, the Association of Flight Attendants. 'The flight attendants put on rubber gloves and go right down the aisle and spray this stuff over the passengers' heads,' Zack said. The pesticides contain permethrin and phenothrin, which are designed to kill insects but can also cause rashes and respiratory problems in humans, according to the lawsuit. Some flight attendants experience long-term exposure to the pesticides, lawyers claim.

Europe: Corporate social responsibility and health and safety

The European Commission is pushing for greater corporate social responsibility (CSR). A Green Paper launched in July promotes a European framework for CSR 'where companies decide voluntarily to contribute to a better society.' The EC adds that the paper, 'intended as a launch pad for debate, takes up the ‘triple bottom line’ concept, whereby companies voluntarily take on board social and environmental concerns besides their economic ones.' According to a lead feature on the EC website, corporate social responsibility 'involves a commitment to aspects such as lifelong learning, health and safety, a better balance between work, family and leisure, greater workforce diversity, gender-blind pay and career prospects, profit-sharing and share ownership schemes.' TUC's Owen Tudor commented: "Corporate social responsibility is no substitute for compliance with the laws on health and safety. But we do want to go beyond compliance where we can, and we do want enterprises, public and private, to take their social responsibilities seriously."

  • Commission urges greater Corporate Social Responsibility in Europe . Article

ACTION

What’s the child labour situation in Britain?

The UK was one of the first countries to ratify ILO Convention 182 on the worst forms of child labour. The TUC played a major role in the development of the new Convention, which places several obligations on ratifying member states, and now wants to gather information about the existence in Britain of the worst forms of child labour. The TUC believes that many unions may have knowledge of where children under 18 years are working - in contravention of the requirements of the Convention - in the sectors they organise. Feedback will help the TUC’s input to the government’s national plan of action. The TUC is also seeking details of hazardous occupations in which children under 18 are employed.

  • TUC information request on C h ild labour and the ILO convention 182. Information from or replies to Simon Steyne at the TUC by 21 September

EVENTS

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).

ECOHSE 2001 Symposium, 26-29 September

The European Centre for Occupational Health, Safety and the Environment (ECOHSE) is holding its second conference, intended to encourage the exchange ideas between representatives of academia, NGOs, trade unions and public policy makers, in Romania. More information from Charles Woolfson at ECOHSE

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, and the HSE’s newsletter (in pdf format).

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.

Workers' Memorial Day 2002: 28 April

TUC is planning to highlight occupational health, including access to occupational health services, and rehabilitation. Ask your union for details of Workers’ Memorial Day events or organise your own. Hazards magazine round up of Workers’ Memorial Day resources

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.

Road safety week 2002: 23-29 September

Organised by BRAKE, an independent road safety charity. Details will be set out on their website.

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 from September to December:

Wales Scotland East Midlands West Midlands

Southern and Eastern South West North West

Northern or Yorkshire and Humberside - contact the TUC 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 (4,000 words) issued 4 Aug 2001

This page http://www.tuc.org.uk/workplace/tuc-3507-f0.cfm
printed 23 May 2012 at 08:20 hrs by 38.107.179.231