Risks

issue no 39 -2 February 2002

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 3,000 subscribers and 1,000 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 Privacy The TUC website lists future health and safety events in What’s On - new events are covered below.

UNION NEWS

TUC campaign to crackdown on deaths at work

The TUC has linked up with the Centre for Corporate Accountability (CCA) to campaign for tougher enforcement of safety laws and for greater corporate accountability, including new laws and more resources for official health and safety enforcement agencies. TUC general secretary John Monks said: "Deaths at work are always an emotive subject and no employer wants to be tarred with the brush of criminality - but enforcement can't be designed only with good, honest employers trying to do their best in mind - it needs to catch the cowboys and the criminals. Working people want justice and protection, and unions want a Safety Bill and a new law on corporate killing that will deliver both objectives, as soon as possible." The new campaign brings together for first time trade unions, safety organisations and bereaved families into a coalition demanding government action (including a Safety Bill and another on corporate killing) on a core set of safety demands.

TUC reveals 'soaring' union stress cases

The number of new personal injury claims taken by unions has dropped slightly but work-related stress cases have soared, according to a new TUC report. Results of the annual Focus on services for injury victims survey show: Work related stress cases have increased twelve fold, with 6,428 new cases reported in the year, compared with just 516 the previous year. Overall, workers had 51,204 new personal injury claims taken up by trade unions in the year, down by almost 750. Another 41,252 cases were settled, with 29,272 claims still outstanding. The awards total was up slightly, at around £321 million. TUC general secretary John Monks said the rise in stress cases 'is very worrying indeed. I do not want to join the ‘blame race’ over stress at work. I want to talk about partnership, because trade unions want to be part of the solution where stress is concerned, not part of the problem. Good management is the solution, and good management means working in partnership with unions.'

  • About time: TUC conference on working time, 5 February

Train company recognises Union Inspection Notices

Union reps in the rail union TSSA on Merseyside can now use Union Inspection Notices (UINs) as part of agreed workplace inspection procedures. Arriva Trains Merseyside accepted the TSSA’s argument that the use of UINs by health and safety reps will complement existing company procedures. TSSA negotiations officer Steve Coe commented: 'This agreement not only demonstrates the invaluable work of union health and safety reps but that their expertise and contribution is being more widely recognised'. He added: 'All employers should be seeking to incorporate the UIN scheme into their existing health and safety procedures and supporting reps who want to enhance their existing skills and knowledge through extra training in UIN application.' TUC’s Union Inspection Notice scheme was launched in November 2001 (Risks 28).

Ball and chain attack vindicates union safety stand

Over 40,000 staff in Jobcentres and benefit offices walked out on a two-day strike on 28 January, in protest at management's dismissal of their safety fears in the new Jobcentre Plus offices. The support for the action from members of the Public and Commercial Services Union (PCS) was even stronger than during a 48-hour strike in December, reports the union. More staff joined the action after management's claim that Jobcentre Plus offices are safe was undermined when a flagship office was wrecked by a disgruntled claimant armed with a metal ball and chain. Management is refusing to install the safety screens usually used to protect workers.

Anthrax firing sparks post strike threat

Postal workers are planning a strike ballot in support of a sacked colleague. John Newton lost his job just after allegedly putting up a poster in protest at the handling of an anthrax scare in the Falmouth sorting office. A petition supporting Mr Newton has been signed by 450 people and the area's MP has intervened. Clive Wellsford of the Communications Workers’ Union (CWU) said: "I'm sure when the appeal's manager looks at the case, they'll realise that John Newton should never have been dismissed."

Bus workers set to strike after driver stabbed

Bus workers are expected to stage an unofficial walkout to highlight the problem of violence against bus staff. The move by workers in London comes after a colleague was stabbed in a suspected road-rage incident. Francis Thomas is in a stable condition in hospital after being stabbed in the chest after a road accident with a Saab car. Transport and General Workers' Union members at the garage where he is based are believed to be planning an unofficial strike to highlight their concerns at growing levels of violence against bus staff.

Airport set for strikes over security

More than 1,000 TGWU union members at Manchester airport are to begin a series of strikes over proposed cost-cutting changes to airport security, which they say could compromise safety. Workers will hold one-hour stoppages every Monday, Thursday and Saturday morning until the dispute is resolved. Dave McCall, the union's regional secretary, said: "Cuts to safety and security pose a real threat to passenger and staff safety in the future at the airport. It is bizarre that the airport management are even considering scaling down security in the aftermath of the September 11 terrorist attacks." The union says 590 jobs could be lost.

Safety row erupts over SWT strike

The Rail Maritime and Transport Union (RMT) has expressed safety concerns because managers substituting for striking railway guards on South West Trains (SWT) have received just two days training instead of the usual eight weeks. The union strike action follows disciplinary action against RMT activist Greg Tucker, who was demoted from his job as a driver following a safety-related incident.

Rail smash victims will receive £1m plus

Damages totalling £1 million plus have been agreed for 16 postal workers involved in a fatal rail crash. Sorter John Thomson died instantly and 17 of his colleagues were injured when the Birmingham-Glasgow Post Office train in which they were travelling collided with a derailed freight carriage. The two outstanding cases will be heard by the courts shortly. "There's no way we could have taken on Railtrack without the support of the CWU," said 58-year-old postman Jimmy Taylor. "Money cannot compensate for what we've been through and the good friends we have lost, but without the union behind us we wouldn't even have that."

OTHER NEWS

Directors in the dock

Companies and their directors and managers are to face closer legal scrutiny when they breach safety laws, says a new official policy. The HSC’s new enforcement policy statement says a prosecution 'should normally take place' in circumstances including: when a workplace death is caused by a breach of the law; where there has been reckless disregard of health and safety requirements; or if the offender’s standard of health and safety management is far below what is required. HSC chair Bill Callaghan emphasised the need to hold employers accountable for their organisations’ health and safety performance. He added: 'Now, more than ever, there is no excuse for those at the top to be ignorant of their responsibilities or to fail to take effective action. If you cannot manage health and safety, then you cannot manage.' TUC's Owen Tudor said: "The TUC welcomes this new enforcement policy. It is clearer and tougher than before, and it tells employers and safety reps when and why Inspectors will serve Notices and prosecute. No one should be in any doubt any more about what fate awaits them if they don't take health and safety seriously. And it recognises the role that warnings from safety reps should play in deciding whether to prosecute - giving official backing to the UIN process." Para 40 of the statement says: "HSC also expects that, in the public interest, enforcing authorities will consider prosecution ...where following an investigation or other regulatory contact ... a breach which gives rise to significant risk has continued despite relevant warnings from employees or their representatives".

Rail safety crews "in danger"

Railway maintenance workers are being exposed to unacceptable risks, the head of Railtrack's independent safety arm has warned. Railway Safety chief executive Rod Muttram said four workers had been killed in recent months and there could be further deaths and injuries unless action is taken. Mr Muttram said crews are being forced to work near live rails because of pressure to keep trains running around the clock. He said that in some areas 125mph trains can only be spotted 12 seconds before they reach workers. The safety boss said workers must be given more time to carry out their work, without the threat of live rails or fast moving trains.

Asthma-causing disinfectant replaced not scrapped

Last week’s Risks reported that Johnson and Johnson had decided to withdraw Cidex, the glutaraldehyde-based disinfectant that has caused so many cases of asthma. Further investigations show that the glute-based Cidex will be replaced with another version of Cidex whose active ingredient is also hazardous, but used in very much lower quantities which, the company claims, will cause no problems. TUC’s Owen Tudor commented: 'If the company is right, then this is the first scalp for the asthma ACoP due in the summer - glutaraldehyde is one of the top eight asthmagens that the HSC wants to see prioritised. And if the company’s claims prove reliable, then this is a clear case of substitution, something the TUC wants to see more of in defeating work-related asthma.'

ASBESTOS

ABB hikes asbestos liabilities

Swiss-Swedish engineering group ABB has almost doubled the amount of money it is setting aside against liabilities relating to asbestos. Combustion Engineering, an ABB US subsidiary, now faces some 94,000 compensation claims in relation to asbestos in products supplied until the mid-1970s. The company is expected to post its first ever loss as a result of the asbestos payouts bill. Just two weeks ago the company was denying it needed to hike its asbestos liabilities reserve, in response to warnings from risk experts (Risks 37).

Asbestos cases head for the Lords

Two Court of Appeal mesothelioma compensation cases heard before Christmas and with potentially devastating consequences for asbestos cancer victims’ chances of recompense have been sent to the House of Lords for a final decision. The Lords will hear the cases of Fox v Spousal (Midland) Ltd and Matthews v Associated Portland Cement Manufacturers (1978) Ltd on 22 April. Both cases relate to workers who worked for several employers. In both, the insurers argued successfully at earlier court hearings that if several employers expose workers to asbestos, none can be reliably determined to be the guilty party. The courts accepted the insurers’ argument that one fibre could have caused the asbestos cancer mesothelioma, so it would be impossible to determine which company exposed the worker to the responsible fibre. John Pickering and Partners, well-known asbestos victims' lawyers, is acting in both cases. In a separate case, UCATT was denied leave to appeal the Fairchild judgment ( Risks 32 ), but lawyers from both sides are asking the Lords to think again.

  • A useful summary of the cases is on the International Ban Asbestos Secretariat website

UK asbestos victims could miss payouts

Federal Mogul, a US company that owes millions to people dying of asbestos disease in the UK, is likely to scale down compensation payouts. The company owns Turner and Newall, once Britain’s biggest asbestos company. Federal Mogul spokesman David Sherbin said that the company was working on a plan to compensate asbestos victims, but added: "This is a tragic situation. The truth is that people today might not get as much as they should have."

USA: Asbestos bale-out rumours drive shares up

Rumours that President George W Bush will try and limit asbestos compensation liability have reignited interest in shares in chemical companies. In recent months, soaring compensation bills have sent shares in companies such as Dow Chemical and Halliburton tumbling. Market analysts say nearly 40 per cent of the Dow average - the US stock market listings - 'has asbestos exposure', causing consternation among investors. Randall Bono, a lawyer representing asbestos victims, said: "These rumours have been put out by some corporate representatives that Dubya and his administration have some very close contacts with." He added: "It seems likely that he will want to try and help his political contributors and his corporate friends." However, speculation that the president would announce the move in his 29 January State of the Union address proved to be unfounded.

INTERNATIONAL

China: Two explosions in a coal mine

At least 27 miners have been killed in two explosions at a coal mine in northern China. An initial explosion at the mine in Chengde County killed 19 people. Eight more miners were killed in a
second explosion the following day as they were trying to recover the dead bodies.

Mexico: Three die in Mexican mine

The bodies of three Mexican miners have been recovered after an accident flooded a small coal mine in Northern Mexico. A further 10 are missing and presumed dead after being trapped 200 feet below ground. Four divers and about 150 other rescue workers battled black water and collapsed tunnels in an attempt to extract the bodies from La Espuelita mine in Barroteran. The mine was a small privately-owned operation that mines for thin seams of coal with outmoded methods and generally violates Mexican safety standards, the San Antonio Express-News reported.

Iran: Who killed five journalists?

Five journalists were killed in Iran between November 1998 and February 1999. The Iranian authorities announced that "rogue elements" in the security services had carried out the killings, and some Ministry of Information employees were tried in secret for the murders. The trial was condemned as a sham by the victims' families, their lawyer - who was arrested on the eve of the trial - and human rights and journalists' organisations internationally. Now copies of videotapes obtained by the UK National Union of Journalists appear to show these "rogue elements" being beaten and mistreated, and then confessing to fantastic "crimes" including working for foreign intelligence agencies, blasphemy and adultery. The videos came to the NUJ from the International Tribunal on Crimes against Humanity in Iran, a human rights campaigning group based in Germany.

New Zealand: Don't make excuses for unsafe employers

"Business New Zealand is putting up a smokescreen for poor employers in trying to paint employers as victims of a punitive occupational health and safety system," the country’s top union official has said. NZCTU president Ross Wilson was responding to a Business NZ call to stall changes to the Health and Safety in Employment Act on the grounds that better information is needed. "International research, confirmed by New Zealand experience, has shown conclusively that most accidents are caused by unsafe and unhealthy systems, processes and tools of work," Ross Wilson said. "Employers who have safe systems of work, including adequate training and supervision, have nothing to fear from tougher action against the cowboys who take shortcuts and put workers at risk."

New Zealand: 'Absolutely nothing' time is good for workers

Unions have welcomed the New Zealand 'absolutely nothing' day promoted by the Mental Health Foundation on 1 February. Council of Trade Unions president Ross Wilson said: "Workers' lives are increasingly 'used up' by work demands, leaving nothing for a quality of life outside work." He added: "The concept of doing absolutely nothing for 15 minutes would leave workers refreshed and relaxed and could only have a good impact on their work." NZCTU is to launch a 'Get A Life' campaign this year focused on getting back a quality of life.

USA: Union welcomes Kentucky 'black lung' move

The United Mine Workers of America has welcomed a move in Kentucky to reverse 1996 changes that it says made it 'nearly impossible for coal miners to collect black lung benefits.' The new bill, which will now have to go to the state Senate for approval, has the backing of Kentucky’s Democrat governor Paul Patton. UMWA International President Cecil Roberts said: "The tightening of the laws governing black lung benefits in 1996 was unfair and this fact has been acknowledged by both the governor and the House. It is time for the state Senate to quit playing politics and vote to approve restoring fairness to Kentucky's black lung benefits programme." In the UK, industry minister Lord Sainsbury admitted this week that 6,271 of claimants for lung disease payouts had died before receiving compensation under the scheme, introduced in September 1999.

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!

Stop insurers robbing asbestos victims meeting, 8 February

Asbestos victims face debilitating and often deadly disease - and recent moves are robbing them of their compensation as well as their health. Turner and Newall, once Britain’s biggest asbestos company, is insolvent. And a compensation appeal, the Fairchild judgement, could mean many thousands more workers will not be compensated. A public meeting to discuss the crisis has been called by the Bradford, Cheshire, Merseyside, West Yorkshire, Sheffield & Rotherham and Greater Manchester asbestos support groups. Tony Lloyd MP, who worked at T&N, will be speaking, along with trade unionists, campaigners and solicitors who are petitioning the House of Lords. The meeting will discuss a possible lobby of parliament and other action to get justice for asbestos victims. Friday 8 February 2002, 7-9pm, Friends Meeting House, Manchester. For more information see the meeting leaflet and briefing, telephone 0161 953 4037 or email Tony Whitston

HSC Advisory Committee on Dangerous Substances open meeting, 14 February

The ACDS advises the HSC on issues like gas safety, major hazards (eg chemical plants), flammable substances (eg petrol) and explosives. The TUC has four representatives on this tripartite Committee (government-unions-employers). Its first open meeting will take place at HSE headquarters, Rose Court, 2 Southwark Bridge, London SE1 9HS from 10.30am on Thursday, 14 February and will include presentations on the work of ACDS and the policy issues it deals with, plus the opportunity to ask members and officials questions. To register for a place, contact Tarla Patel at or at the above address.

International RSI Day conference, 28 February

Work-related upper limb disorders under the spotlight - a national conference organised by GMB in conjunction with Derby City Council and Derbyshire County Council to mark International RSI Awareness Day, 28 February 2002. Venue: Mackworth College, Derby. Agenda and registration form. Further information from Jake Jackson, GMB East Midlands health and safety officer.

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.

Hazards 2002, National Hazards Conference, 6-8 September

The National Hazards Conference will be held in Manchester for the second year running. Further details from Greater Manchester Hazards Centre. There is a financial appeal to keep registration costs down, backed by the TUC.

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

NEW COURSES FOR APRIL TO JULY:

North West East Midlands West Midlands South East and East Anglia (also as pdf)

January to March:

Wales South West North West East Midlands West Midlands Scotland

For details of courses in the Northern, Yorkshire and Humberside regions, contact the TUC Regional Education Officer

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.

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Newsletter (3,900 words) issued 2 Feb 2002

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