Risks

issue no 25 - 27 October 2001

Editor: Rory O'Neill of Hazards magazine. Comments to Owen Tudor.

CONTENTS

Risks is the TUC’s weekly online bulletin for safety reps and others, read each week by over 2000 subscribers and 1000 on the TUC website. To register to receive this bulletin every week, click here. Past issues are available. This edition also contains Useful links TUC courses for safety reps Disclaimer Privacy And there is a new service on the TUC website listing all future health and safety events: What’s On - in future only new events will appear in Risks.

FEATURE: CONSTRUCTION SAFETY

What are building’s big boys afraid of?

The Construction Confederation, the umbrella group for 5,000 companies responsible for over 75 per cent of the construction industry’s turnover, has announced it is pulling out of the tripartite HSC pilot exercise on Worker Safety Advisers. Expressing frustration at the move, the TUC said: 'We can’t help feeling that the real reason the Confederation doesn’t want to take part is that they are worried the pilots will be a success and will then be rolled out across the whole industry, bringing the benefits of trade union safety reps to tens of thousands of currently unrepresented workers. They are out of step with the rest of Europe’s construction industry and out of step with the rest of Britain’s employers who have accepted the need for pilot exercises.' Worker Safety Advisers represent the workers in the workplaces visited, helping their employer to involve them in safety matters and developing ways for the employer to consult them better. TUC General Council spokesperson on construction George Brumwell, who also heads the construction union UCATT, said: 'We don't believe that the Construction Confederation represents the views of the responsible elements of the industry, these are the views of the weakest link. They will not have a role in determining the safety standards in the industry. We will press ahead with the pilot."

Lesson for construction - union partnerships save lives

The leader of the engineering and electrical union AEEU has said the construction industry could learn life-saving lessons from union-industry partnerships. Speaking at the Electrical Contractors’ Association national health and safety conference, Sir Ken Jackson said: 'Health and safety is an area where the interests of unions and employers directly coincide.' Between April 2000 and March 2001, 105 workers were killed in construction as a whole, compared to none in the organised electrical contracting and construction engineering sectors where effective partnerships exist, he said. He added: 'Management and employees must share the goal of a safe, accident free workplace. Again partnership is the key.'

Construction villains to be barred from government contracts

A huge culture change is needed in every aspect of the construction industry if fatalities are to be reduced, a government minister has said - and he hinted that companies with a poor safety record could be barred from receiving government contracts. Speaking at the Revitalising Health and Safety in Construction Conference, health and safety minister, Nick Raynsford MP, said: "We need a culture change - one where the industry sees itself as high quality, high performing and highly trained. The status quo is not acceptable - we must strive for the highest standards. The government, as a major client, has a vital role to play. The Office of Government Commerce guidance is a welcome step in setting those standards and lending more weight to health and safety performance. An industry which values and respects its workforce and takes responsibility for encouraging the health and safety and well-being of its employees is likely to be a successful industry."

  • Construction News item

UNION NEWS

Union power at Scottish Power

Scottish Power plc and its unions have agreed a groundbreaking 'safety reps’ charter', giving safety reps training, facilities and consultation rights backed up by management support. Company council chair Danny Keeney of the AEEU said: "Trade unions in Scottish Power fully support the charter which gives safety reps a platform, fully supported by management, on which they can contribute to the health and safety of our members without hindrance." Clive Castell, corporate health and safety manager, added: "The reason that management were involved in producing this is that we believe that safety reps are a vital element in raising health and safety standards. Producing this document helps to support them in this challenging role and clearly demonstrates our commitment."

  • The TUC wants to find out if other workplaces have similar documents. Send details to Owen Tudor at the TUC

Cost-cutting causes needlestick injuries

A UNISON investigation into the use of needles in the NHS shows that many trusts put short-term savings before the long-term protection of staff health. The union’s survey also revealed that UNISON is the driving force behind promoting safer needles in the NHS, with 56 per cent saying that the union initiated the move towards their use. UNISON national officer Jon Richards said: "It was encouraging to see that 68 per cent of those questioned said that their employers were trialling, evaluating and in a few cases using safer needles. If some employers are using them, what is stopping others? Sadly the answer seems to be that many employers focus on the short term cost implications, rather than looking at the long term health of their staff.' He added: "UNISON wants a ban on the use of old-fashioned unsafe needles and the introduction nation-wide of 'safer needles' such as those that are retractable or with protective shields. The difference in cost is pennies and the difference to health workers' lives and peace of mind is immeasurable." There are estimated to be over 100,000 needlestick injuries in the UK each year, placing workers at risk of sometimes deadly diseases.

Thousands support benefits safety strike call

The Public and Commercial Services Union (PCS) says over 2,500 of its members in ‘Jobcentre+ Pathfinder’ offices throughout Britain supported the union’s call for indefinite strike action to protest against the government’s insistence that staff in these offices work without the protection of security screens. PCS general secretary-elect Mark Serwotka, a former Benefits Agency worker, said the union was still prepared to talk. "The union’s national executive committee will be meeting every week to monitor the progress of any talks, and we may have to ballot every member working in Jobcentre+, but we are determined to keep safety risks to an acceptable minimum,' he said.

RESOURCES

Electricity in schools

A new National Union of Teachers’ briefing sets out NUT's guidance and advice on the safety precautions necessary to ensure electrical safety in schools.

  • Electricity in schools in pdf and word formats

OTHER NEWS

Companies to face rail crash charges

The HSE has said it intends to bring charges against Railtrack and Thames Trains over the Paddington rail crash, in which 31 people died. The Crown Prosecution Service had earlier said there was insufficient evidence for charges of manslaughter against the companies or any individuals involved. But the companies will be prosecuted under the Health and Safety at Work Act 1974, although no individual persons will be charged. Although prosecutions under health and safety law are regarded as lesser charges than manslaughter or gross negligence, the penalty available to the courts is the same - an unlimited fine. A spokesperson for the train drivers' union, Aslef, said: "Lord Cullen, in his second report into this tragedy, found that both Railtrack and Thames Trains bore a share of the blame,' adding that 'this corporate responsibility by the privatised industry should not be forgotten."

Small firm site

HSE has created a 'small business start up site' that it says 'brings together information particularly relevant and of interest to new small businesses.' The site is on similar lines to the Workers’ Web Page launched by HSE earlier this month.

TERRORIST ATTACKS

Global: Unions respond to anthrax threat

Unions have responded to concerns about a possible anthrax risk with detailed advice for members. Postal workers’ union CWU, civil service union PCS and public sector union UNISON have all issued commonsense guides. So far three US workers, two postal workers and one journalist, have died of anthrax infection caught at work. Outside the US, there have been no reported cases, with all suspect packages so far found to be spore free. Unions are keen to reassure their members, but there is growing concern that employers are not taking their responsibilities seriously except for high profile staff (eg in the US Congress).

  • Labourstart round up of union and other anthrax news stories from the US, UK, Australia, Kenya and elsewhere

USA: Flight attendants union seeks protection

Flight attendants will be helpless against attackers without additional defence training, emergency alarm systems and personal weapons such as mace and pepper spray, the top official of the Association of Flight Attendants has warned. AFA international president Pat Friend said fortified cockpit doors, which make it nearly impossible for a passenger to enter a cockpit, would put flight attendants at risk. If attacked, she said, flight attendants may no longer be able to rely on the pilot or co-pilot to come to their aid. If its concerns aren't addressed, the AFA will consider a "Day of Action," which could include "anything up to flight attendants not going to work," Friend said. The union also called for screening of all checked baggage and security checks for airport ground crews.

INTERNATIONAL

USA: Millionth strain victim reported as employers sue

From the time President George W Bush axed a US ergonomics law on 20 March until now, over 1 million US workers have developed workplace ergonomic injuries, US union federation AFL-CIO calculates. Rescinding the strain injuries law was one of the new president’s first acts, fulfilling promises to his business backers. Since then he has appointed Eugene Scalia, the lawyer who spearheaded the business fight against the ergonomics legislation, as the top Department of Labor solicitor, with responsibility for employment and safety issues. Meanwhile, a coalition of business groups and other employers have sued the state of Washington over sweeping new ergonomic rules designed to protect workers from injury. The Washington state lawsuit, filed last week by Washington Employers Concerned about Regulating Ergonomics, says the rules written by the Department of Labor and Industries place a staggering burden on employers for dubious benefits to workers. State officials say the regulations -enthusiastically backed by unions - are long overdue and could prevent thousands of injuries a year. The labor and industries department has no plans to rescind or revise the regulations, director Gary Moore said.

  • Latest ergonomics news from AFL-CIO, including an up to the second tally of strain injury victims since Bush vetoed the ergonomics standard

USA: Under-staffed watchdog botches death investigations

California’s under-staffed safety enforcement agency is failing to properly investigate workplace deaths, a newspaper investigation has claimed. The Orange County Register reviewed state inspection reports by safety watchdog Cal-OSHA detailing workplace deaths in Orange County from 1998 through 2000. The investigation found Cal-OSHA inspectors show up late, miss key witnesses and issue penalties that often are thrown out or reduced because of insufficient evidence. The newspaper examined state and national labor statistics, coroner and death records and conducted dozens of on-the-record interviews. The story has led to calls from safety campaigners and politicians for an investigation into the enforcement performance of Cal-OSHA. Democratic assemblyman Paul Koretz called for stricter deadlines for launching investigations and stiffer penalties for companies that fail to report accidents immediately.

Belgium: BP sacks workers who want safety

Workers who asked for safety improvements after a Belgium chemical plant fire have been dismissed. The 1 October fire at BP's Chembel chemical plant in Feluy, Belgium was eventually brought under control, but several people were injured. A 12-person shift of chemical process operators at Chembel asked for additional safety measures, including an urgent enquiry by the plant's health and safety committee. Instead, BP responded by dismissing all twelve for 'gross misconduct'. The fired workers included a union representative on the plant's health and safety committee and the secretary of the works council. A strike in support of the fired workers is continuing and the union, Centrale generale FGTB, has gone to court over the unfair dismissals.

India: Unilever - I can’t believe it’s not better

An Indian subsidiary of Unilever, the British-Dutch soaps-to-soups multinational, has poisoned workers with mercury but is denying them either their medical records or compensation. Hindustan Lever Ltd (HLL), part of the giant behind famous names Dove, Hellmans, Knorr, Findus Foods and 'I can’t believe it’s not butter,' recently shut the world’s largest mercury thermometer plant after revelations of widespread mercury poisoning in the workplace and environmental contamination. The local union is demanding: workers be provided access to their medical records; a new medical survey to be conducted by a doctor chosen by the union; and just compensation for work-related injuries and disease.

Australia: Union seeks tougher penalties for safety breaches

The Australian Workers Union (AWU) says penalties for breaching the Workplace Health and Safety Act in Queensland are too lenient. The union's Keith Ballin says a safer workplace is particularly important in agricultural sectors such as Queensland's sugar industry.

ACTION

HSE research strategy consultation

The HSC is consulting on the HSE's research strategy, through the web. A TUC submission highlights key issues unions should raise, and notes 'there is very little throughout about the effectiveness of safety reps, partnerships between managers and unions, and the impact of different management styles.' The draft will remain on the website until 31 December 2001. Anyone wishing to comment should do so by 4 January 2002 in writing to Dr Peter Ellwood, Research Strategy Unit, Health and Safety Executive, PO Box 1064, Sheffield S3 7YB.

HSC consultation on chemical hazards

The HSC has issued a consultative document about implementing the EU Chemical Agents Directive which will make major changes to COSHH and the Control of Lead at Work Regulations. Most of the issues in the consultation are technical, and there is a limit to what can be done in implementing Directives, but the TUC has flagged up that the proposals for COSHH do not adequately implement the Directive’s requirement of immediate action if exposure limits are exceeded; the way the proposals (because of the way the Directive is drafted) interfere with the sensible operation of the hierarchy of prevention; the need to strengthened the sections preventing employers from removing or defacing warning labels; and the removal of the 'grandfather' rights for workers in the Control of Lead at Work Regulations. But the TUC has supported the CBI over retaining a due diligence protection against prosecution. TUC’s Owen Tudor said: 'we are not interested in prosecuting people who have tried but failed to protect their workforce, we want to concentrate on prosecuting the negligent.' Comments should be sent through your union or to Mike Reeves at the HSE, by 21 January 2002.

  • The full consultative document, CD 173, is available in pdf form (it’s very long), and single copies can be obtained from HSE Books

EVENTS

Only newly announced events, events next week and very important events will be listed here in future. But there is a comprehensive listing of health and safety events on the TUC website - bookmark it for easy reference!

No excuse - beat bullying at work seminars, November

TUC organised seminars aimed at union and workplace reps, employers and managers, intended to help make everyone take workplace bullying seriously. The seminars will take place in Bridgend on 6 November, Manchester on 14 November, Bradford on 19 November and Leeds on 23 November. Further dates are being arranged for the Midlands and London. £11.75 TUC member organisations; £23.50 employers. Complete the registration form on the web or contact Liz Wood, TUC, Congress House, Great Russell Street, London WC1B 3LS.Tel: 020 7467 1250. Fax: 020 7467 1265. Price: For more background on TUC’s bullying at work campaign, see the Hazards Psychoterror! Factsheet.

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.

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.

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.

USEFUL 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 and What’s On in health and safety.

TUC courses for safety reps

January to March:

Wales North West South West East Midlands West Midlands

September to December:

Wales Scotland Southern and Eastern (plus COSHH Essentials courses) South West North West Northern Yorkshire and Humberside

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

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Newsletter (3,300 words) issued 27 Oct 2001

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