Risks

issue no 40 - 9 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.

FEATURE ON STRESS AND WORKING HOURS

Overwork is 'a national disgrace' says TUC

More people are working in excess of 48-hours-a-week than were 10 years ago. But with legal changes due that will make the European Union-wide 48 hour limit much tougher, the TUC is warning that businesses must learn to organise their work more efficiently so that staff can 'work smart' and be more productive within shorter hours. Nearly 4 million employees (16 per cent) are now working more than 48 hours a week - 350,000 more than in 1992. A new TUC report, About time: a new agenda for shaping working life says the UK tops the European long hours league, and is the only country that allows staff to opt out of the 48 hour limit, introduced across the European Union as a health and safety measure. TUC general secretary John Monks said: 'Britain’s long hours culture is a national disgrace. It leads to stress, ill-health and family strains. But even worse it’s an indictment on how badly we manage work in the UK… Other countries produce more, earn more and work far shorter hours. We should, and can, do the same, if employers, unions and government work together.'

Stressed workers lose payouts

Three workers who were awarded almost £200,000 between them for job stress have lost the money on appeal. The Court of Appeal ruled that signs of stress in a worker must be obvious to their managers before the company can be taken to court for negligence. However, TUC’s Owen Tudor said bad employers should take no comfort from the rulings: 'Unions will certainly make sure that employers know that they must assess the risks of stressful occupations. We will make sure our members know that the Court of Appeal has urged them not to suffer in silence but get their complaints about bullying, overwork, inadequate training and unrealistic deadlines on record.' Doug McAvoy, general secretary of NUT, the union representing two teachers whose stress awards were overturned, said: 'The outcome here has justified the NUT’s campaign to bring teacher stress on to the national agenda. We shall be using this decision to encourage the adoption of teacher stress management programmes throughout England and Wales and we shall continue to pursue legal claims on behalf of members whose cases fit the tests the Court has laid down.' TUC figures released last week showed unions were backing record numbers of stress compensation cases (Risks 39).

Stress is a collective bargaining issue

There is a clear link between stress, working time and payment systems, reports the international union journal Metal Worker. The report, in the paper of global metalworkers’ union federation IMF, say stress 'is a topic for trade union policy and should enter the field of collective bargaining.' It adds: 'Constantly changing organisation of work and its corollary stress and burnout are challenges for organised workers and the trade unions. New attitudes and strategies are needed to tackle this new area of worker protection.' The feature concludes: 'Unions must promote understanding of the stress syndrome, its causes and the problems that result from it, and explain the need for early intervention. They should include awareness-building exercises in their activities to enable their members to demand that employers take the necessary measures upstream and that prevention prevails over cure.'

UNION NEWS

T GWU to lobby city council over Manchester Airport security

The Transport and General Workers' Union says a 4 February security breach at Manchester Airport 'shows that boosting profits by cutting pay will compromise security.' Union members lobbied Manchester City Council on Wednesday to say that the council - one of the local authority owners of the airport - must take its share of responsibility for the current strike action (Risks 39). Dave McCall, TGWU regional secretary, said the councillors sitting on the airport board had endorsed the cut-price approach to future security provision that lay at the heart of the on-going action. The security breach occurred in an area where the airport is employing security staff at the cut-price rates challenged by the union. The changes could result in up to 590 job losses, says TGWU.

OTHER NEWS

Unions warn against Tube safety gamble

Unions have reacted with dismay to the government’s announcement of a planned public-private partnership (PPP) to modernise London Underground. Transport secretary Stephen Byers said that under the £16 billion investment plan there would be 'no compromise on safety.' He added: 'Any final decision to proceed would be dependent on the Health and Safety Executive accepting London Underground's safety case. This is not an issue for politicians. If ultimately, HSE reject London Underground's plans they will not proceed." However, Mick Connolly, regional secretary of the TUC for London said PPP was neither workable nor safe: 'Now the all party Transport Parliamentary Select Committee has found that the finance for the PPP simply does not stack up. To approve PPP now would be to press the gamble button with Londoners’ safety and Londoners’ money.' Richard Rosser, general secretary of rail union TSSA, commented: 'They know that increased fragmentation will make operational and safety management more difficult. PPP will institutionalise conflict on the Underground just as surely as privatisation has on the main line.'

Byers drops rail safety plan

The transport secretary, Stephen Byers, is to abandon the government's commitment to a £ billion project to improve safety on the railways by 2010 on the grounds that it would be too expensive. The decision flies in the face of a recommendation from Lord Cullen, who investigated rail safety following the Southall and Paddington crashes (Risks 20). Lord Cullen reported that the automatic train protection warning scheme (ATP) should be installed throughout the industry by 2010.

Transco jobs cuts plan risks 'major safety failure' say unions

Unions say a gas operator’s plans for job cuts will jeopardise safety. Gas pipeline operator Lattice says it will cut 2,400 jobs in its Transco business. Union leaders have warned that the job losses could lead to a 'major safety failure.' Dave Johnson, national officer of UNISON, said: 'We don't believe that Transco can continue to operate safely with the loss of 2,400 jobs, particularly at a time when its workload has virtually doubled due to the new mains replacement targets just agreed with the Health and Safety Executive.' He added: 'Over-worked and over-stressed staff and live gas are a potentially explosive mix.'' Brian Strutton, national officer for the GMB, said: 'Gas workers are already putting in overtime to ensure the safety of the public but these further cuts will threaten this delicate balance.' The company made pre-tax profits before exceptional items of £680 million last year.

£50,000 fine after accident

A Nottinghamshire-based haulage company has been fined £50,000 plus costs by Nottingham Crown Court for breaking health and safety regulations after a storage bar fell and injured a warehouse worker. Phil Handley Limited admitted breaching health and safety regulations when workers moving a storage bar dropped it, resulting in the heavy object falling 35 to 40 feet and hitting Andrew Towle on the head. Investigations found the workers to have been poorly supervised at the time. Mr Towle's solicitor, Neil Whiteley of law firm Irwin Mitchell, said: "The Magistrates Court that initially heard this case considered the breaches of regulation and their result so serious that the magistrates sent it to the Crown Court which has greater powers for sentencing and can fine companies more heavily.'

ASBESTOS

Courts turn against asbestos victims

Rulings by British and American judges are combining with big business to deny compensation to victims of asbestos-related diseases. A report in The Times notes: 'The coup de grâce is being administered by the British judiciary, which has preferred to give the benefit of the doubt to negligent employers rather than victim employees'. After the Fairchild judgment in December (Risks 39), which severely disadvantaged sufferers from mesothelioma, Frances McCarthy, president of the Association of Personal Injury Lawyers, asked: 'How can it possibly be right that employers can get away with the breathtaking negligence which causes such a devastating illness to a man and his family?' MPs joined in, accusing companies of being ‘corporate spivs’ guilty of ‘corporate manslaughter’ (Risks 37). The next few months could be critical for the future of asbestos litigation in this country. Next week lawyers representing former Turner and Newall employees, probably the biggest single group of sufferers, meet representatives from Kroll Buchler Phillips, their administrators.

Insurer to prosper despite asbestos claims

Insurance giant Royal and Sun Alliance has raised its estimates of losses related to asbestos disease and the terror strikes on the US. The firm has increased by £15m to £215m its forecast of losses related to the destruction of New York's World Trade Center after the 11 September attacks. Royal & Sun asbestos payouts have increased from £23 million in 1999 to £36 million last year, and it has warned the total bill could reach £371m to claimants who have contracted diseases related to asbestos exposure. But the firm, which earned £476m in 2000, predicted that surging demand for insurance after the 11 September attacks and a string of natural disasters, plus higher policy prices and tighter claim conditions, would support future prosperity. The company has been criticised for 'illegal' liability insurance certificates issued to asbestos company Turner and Newall, that excluded asbestos (Risks 38).

Get angry, get Turner and Newall!

Angry asbestos victims robbed of their compensation, their families and campaigners are to lobby the first major Turner and Newall creditors meeting. On Monday 11 February they will hand a letter of protest to the company’s a dministrators. Campaigners say the despite initiating insolvency proceedings Turner and Newall, once the UK's largest asbestos manufacturer, is still trading and making profits while halting all compensation payments to asbestos victims . A statement from the broad-based group says 'asbestos victims and their families are demanding that the government investigate Turner and Newall's insurance arrangements and that the Financial Services Compensation Scheme is opened up to Turner and Newall claimants. The Financial Services Compensation Scheme is funded by the insurance industry and pays out where an employer is insolvent and the insurer is also insolvent.'

  • Lobby details: 2.00pm, 11 Feb 2002 , Churchill Auditorium, The Queen Elizabeth Centre, Broad Sanctuary, Westminster, London. More information: Manchester, Tony Whitston , Hazards Campaign, 0161 953 4037; Merseyside, John Flanagan , 0151 236 1895; London, Tony O'Brien , Construction Safety Campaign 077 477 95954 (mobile)

Indignity of Labour

The union campaign for justice for victims of asbestos disease is gathering widespread support. Recent damaging court decisions that could jeopardise compensation payouts to tens of thousands of dying workers (Risks 39), have led to renewed calls on the government for action, from MPs, personal injury lawyers and victims’ groups. And top journalist Julie Burchill, whose father died three years ago from the asbestos cancer mesothelioma, has added her voice. 'Contrast the plethora of golden handshakes given to wealthy businessmen with the snatching away of compensation from asbestos victims and their families, and, like me, you may find yourself wondering just why this government hates the working class so much. Surely the world has truly gone mad when a party calling itself Labour presides over a culture which seems to value the lives of its labouring class ever more cheaply.' The Amicus (AEEU) and GMB trade unions have organised a public meeting at the Engineers Club, Barrow at 7pm, Wednesday 13 February in the wake of the High Court Fairchild ruling, which stopped claims ranging from around £50,000 to £250,000 in their tracks

INTERNATIONAL

Australia: Is it the last gasp for the smoke break?

As more and more workplaces around the country become smoke free, concerns are growing about the impact of the traditional smoko, or smoke break, on productivity and harmony in the workplace. In what is believed to be an Australian first, the Tasmanian government will ban smoking in work time for its employees. From next month, public servants in Tasmania will have to log out when they go for a cigarette and log back in when they return. The smoker's pay will not be docked, but extra hours may need to be worked to compensate. Community and Public Sector Union state general secretary Sue Strugnell said members agreed to the changes as part of wage negotiations last year that secured a nine per cent pay rise over two years. 'We are waiting with some degree of anticipation in terms of how this will actually work, and that's putting it mildly,' she said.

Canada: Compensation precedent on shift work

A workers' compensational board tribunal in Nova Scotia has ruled that switching between day and night shifts caused a 34-year-old Michelin tire plant worker to experience enough sleep disruption, exhaustion and inability to work to constitute personal injury. Public sector union CUPE’s Atlantic region safety officer Rob Wells said: 'We've long known that shift work throws off the circadian rhythm. We only have to think of the effect a time change or jet lag has on us. Think of some one going through those changes every week or so. Maybe now we can get employers to look at more human shift changes, because it's clearly not workers just trying to be difficult.'

Global: Journalists call for global safety programme

The International Federation of Journalists (IFJ) and International Media Support in Denmark have called for a global programme of risk awareness training for journalists in danger areas following a successful pilot course for Afghan journalists, which took place in January in Peshawar, Pakistan. 'Afghanistan, where eight of our colleagues have been killed, has delivered a brutal truth that journalists need better training to deal with the multiple dangerous situations they face when covering a war,' said Sarah de Jong, human rights officer of the IFJ. A total of 103 Afghan journalists attended the seminar of which 19 were women. The IFJ and IMS are now planning more safety training in high-risk areas. Palestine is next on the agenda. 'But we need a more strategic approach,' said Sarah de Jong. 'Media organisations and journalist groups everywhere should now look to make risk awareness a compulsory part of newsroom training in all parts of the world.'

New Zealand: Fears for wharfies health

The watersiders' union is developing guidelines to protect wharfies' health as a result of safety concerns about chemicals used to fumigate ships. Auckland wharfies stopped work after discovering Australian redback spiders aboard the Tauranga Chief. Ministry of Agriculture and Forestries staff fumigated the vessel's hold before the watersiders were issued protective clothing and gumboots to complete unloading its cargo. New Zealand Waterfront Workers’ Union general secretary, Trevor Hanson, says there are concerns about exposures to methyl bromide, the chemical used to fumigate ships. In one recent case, five union members entered a fumigation shed after they were given spoken assurances it was safe, resulted in all five being hospitalised. One was off work for more than a year. Mr Hanson says the union is developing protocols to govern the handling of such chemicals to ensure the safety of workers, and has alerted its members to the risks. US authorities identified methyl bromide as a cancer risk in the mid-1980s.

Northern Ireland: Death threat disrupts postal deliveries

Postal workers in Derry are protesting outside the city's sorting office after a Catholic colleague was threatened. The Communication Workers’ Union said the police had advised the man to stay away. Union spokesperson Charlie Kelly said they had been told the threat was not made by any paramilitary organisation but the postman was still very concerned for his safety. A statement by Consignia, the restyled name for Royal Mail, said it understood the concerns of employees, but was disappointed that unofficial industrial action had been taken.

Poland: Blast rips through coal mine

At least 10 miners have been killed in an accident at a coal mine in Poland. An explosion ripped through the Jas-Mos mine, at Jastrzebie Zdroj in the southern region of Silesia. Officials say another 37 miners managed to escape, one of whom was injured.

Taiwan: Workers’ Memorial Day becomes official

The Congress of Taiwan has officially adopted 28 April as the International Day of Mourning. The "Protection Act for Occupational Accidents Victims" will come into force on 28 April 2002, making Taiwan the fourth country after Canada, Spain, and Thailand to adopt an official day to commemorate victims of workplace conditions. A national press conference, Art Exhibition and Seminar with the Council of Labour Affairs will be organised to accompany the 28 April enactment. In the UK, the Trades Union Congress is to campaign on the topic of improved occupational health service access for workers.

EU clampdown on sleepy lorry drivers

The days when tired lorry drivers drove through the night on long-haul journeys are coming to an end, following a decision, in Strasbourg this week, to approve new working hour limits for long distance bus and lorry drivers. Euro MPs gave final approval to new legislation, which closes one of the last remaining gaps in the working time framework laid down in 1993, establishes a 48 hour working week and a new rights for night work and break times for long distance bus and lorry drivers. 'Next time you look in your rear view mirror and see it filled with a juggernaut, you can rest easy knowing that the driver is rested and healthy.' said Labour Euro-MP Stephen Hughes, Socialist Group Co-ordinator on Employment and Social Affairs, who steered the legislation through the European Parliament. He stressed that the new rules are, above all, about health and safety, saying 'At the moment, it's not unusual for drivers to work in excess of 80 hours per week. Frankly that's dangerous both for them and the travelling public.' As well as a 48 hour week, averaged over six months, the deal includes a ten hour limit on night driving and a broad definition of working time, which includes loading, unloading, admin, route planning etc. Under the new legislation, drivers will be entitled to a half hour break after six hours, and a forty five minute break after nine hours - the breaks can be broken down in to more frequent shorter stops. And the consignors, who send drivers out on the road, must ensure that additional hours are not imposed on drivers, further down the line. Stephen Hughes said the deal would give 'a lifeline to long haul drivers and great peace of mind to everyone else using the roads.'

  • Stephen Hughes’ report to the European Parliament

ACTION

Ton up for safety motion

Over 100 MPs have already signed up to a construction safety early day motion first put down on 6 February 2002 by Labour MP Michael Clapham. EDM 828 says: 'That this House sends its condolences to the families of seven construction workers killed in one week during January; expresses its deep concern that safety in the construction industry is still not yet a high enough priority; and calls on the Government to give the Health and Safety Executive the resources it needs, especially in construction, to field the inspectors necessary to enforce health and safety laws and advise employers on good practice.'

  • EDM 828: health and safety resources for construction. See if your MP has signed the motion. If not, ask why not. Check who your MP is

RESOURCES

New PCS health and safety pages

PCS has expanded its detailed safety website for civil service workers. New Frequently Asked Questions (FAQs) pages provide updates on current concerns, including welfare facilities, work temperatures and asbestos. And a new call centre health and safety guide identifies the issues that employers and trade union reps need to address.

First aid advice

HSE’s latest advice on first aid is now available in pdf format on the HSE website.

  • Basic Advice On First Aid At Work [pdf format]. Related documents from HSE Books in print format: Basic advice on first aid at work - leaflet (INDG347) is available in priced packs of 20 (ISBN 0 7176 2261 4) or as single free copies; Basic advice on first aid at work - poster is available as single copies priced at £12.50 (rigid) (ISBN 0 7176 2263 0) and £7.50 (encapsulated) (ISBN 0 71762265 7); and Electric shock: first aid procedures - poster is available as single copies priced at £12.50 (rigid) (ISBN 0 7176 2262 2) and £7.50 (encapsulated) (ISBN 0 7176 2264 9)

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!

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.

Disclaimer

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Newsletter (4,400 words) issued 9 Feb 2002

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