Risks

issue no 48 - 6 April 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 3,500 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 statement The TUC website lists future health and safety events in What’s On - new events are covered below.

ACTION

Work-related asthma case histories

The TUC will shortly be releasing training materials for safety reps on work-related asthma. If you have work-related asthma or know of someone with work-related asthma who would be willing either for their case to be used anonymously, or for their case and name to be put in a TUC press release with no follow-up interviews, or to be interviewed by journalists please contact Owen Tudor at the TUC.

Asbestos marathon

You can help organisations supporting sufferers of asbestos diseases. Both the June Hancock Mesothelioma Research Fund and the Occupational and Environmental Diseases Association are seeking sponsorship for their runners in the 14 April London Marathon.

UNION NEWS

Workers' Memorial Day 2002

Health and safety failures at work cost Britain at least £18 billion per year in lost production, treating injuries and illnesses and on compensating the victims, a TUC briefing for Workers’ Memorial Day, 28 April, says. Making work healthy: The contribution of occupational health to public health says the cost falls on all of us as victims of poor workplace conditions are treated by the NHS and paid injury, illness, sickness and bereavement benefits by the government. It adds that an effective, universal Community Health Workplaces Service 'could have a dramatic impact on reducing and preventing workplace ill-health and thus improving overall public health.' TUC says that the key parts of an effective occupational health service (OHS) are: preventive OHS in the workplace; rehabilitation; setting targets for reducing sickness absence; giving safety reps more influence; and making the NHS better at OHS. TUC adds that unions want: a legal duty on employers to have a rehabilitation policy; more safety rep influence; partnerships between managers and safety reps to solve safety problems; union roving safety reps to cover workplaces with no safety reps; and government funding for Community Workplace Health Services.

  • Evening Standard feature on WMD by Chris Ball, health and safety officer of the union AMICUS - copies of the union’s Workers' Memorial Day leaflet (pdf format) can be obtained from Chris or from Amicus Clergy and Church Workers, 40 Bermondsey Street, London SE1 3UD

Reaching the parts risks assessments do not reach

The TUC has spelled out the changes needed to address flaws in safety law that have allowed dangerous employers to evade justice. The TUC response comes in a submission to an official review of workplace safety management and fire safety laws, launched after the Fire Brigades Union argued successfully that UK safety law had loopholes that allowed employers to evade responsibility when they failed to comply with legal risk assessment requirements, and meant some workers were missing out on compensation (Risks 33). TUC says it supports proposals in an HSC consultative document calling for employers to be accountable for breaches of civil law as well as criminal law. It says the main impact of the proposed changes will be to increase the incentives for employers to conduct the risk assessments required under the Management Regulations, and increase pressure from their insurers to comply with the law.

Teachers call for law to curb classroom violence

Teachers have called for new powers to identify potentially violent pupils and a new offence of attacking a public service worker to be created. Members of teaching union NASUWT demanded the measures to improve school safety at their annual conferences. Nigel de Gruchy, retiring NASUWT general secretary, said police were reluctant at present to deal with assaults that did not involve serious injury. "Common assault upon a teacher is not regarded as any great thing in the great scheme of things by many police forces around the country," he told the union's conference in Scarborough. "There is a very strong case that there should be a new offence created not just in relation to teachers but also in relation to nurses and a number other public sector workers." Doug McAvoy, general secretary of the NUT, said: "If an authority is not coming forward with the necessary support then I do think the teacher has the right to say, 'I'm sorry, on all sorts of grounds, I can't have this child.''

Teachers want action on workload

Thousands of schools in England and Wales face the threat of a four-day week after the National Union of Teachers voted for industrial action. Teachers also reserved the right to veto government initiatives, as well as threatening a 35-hour week if their workload was not cut. Press reports say the education secretary Estelle Morris is preparing to announce new measures to guarantee time for teachers to plan lessons in an effort to head off growing discontent over teacher workload. Teaching unions are rounding on the 35-hour working week as their priority and there has widespread speculation that industrial action could follow after the National Union of Teachers conference backed plans to hold a strike ballot. Teaching unions ATL and NASUWT have also called for action to reduce workload. The School Teachers' Review Body, due to put forward workload recommendations later this month, has been reported to be backing the introduction of up to five hours preparation and marking time in a working week. The Department for Education and Skills said that ministers might settle on three hours as the equivalent of one free lesson.

Dockers' leader Walter Cunningham dies of asbestos cancer

Walt Cunningham, who has died of asbestos cancer mesothelioma aged 75, was a hugely respected Hull dockers' leader. An obituary in The Guardian notes: 'In the aftermath of war, he saw more of the damage to humanity that drove his work as a union official. After labouring in Hull docks during the early 1950s, he became a shop steward with the Transport and General Workers' Union. His personal mark in the job was an insistence on individual worth and his colleagues' dignity.' It adds: 'He died younger than he might have expected because of exposure to asbestos during his stevedoring days, when protection against the material was rudimentary.'

OTHER NEWS

Work stress is heart breaking, says HSE

Poor work design and organisation is causing heart disease, officially backed research has concluded. The research, published by the HSE, found high job demands, low job control and 'effort-reward imbalance' were related to an increased incidence of coronary heart disease. HSE adds that the new research shows when workloads change, resulting in higher demands, less direct control and reduced support, an individual's mental health deteriorates. Professor Sir Michael Marmot, director of the 'Whitehall II' study, which looked at the health of more than 10,000 British civil servants, said: 'First, stress at work is not simply a matter of having too much to do, but also results from too little control over the work and from insufficient reward for the effort expended. Second, the way work is organised is crucial. The way to address the problem of stress at work is to look hard at the organisation of the workplace." Elizabeth Gyngell, senior policy manager on stress for HSE said: 'Employers need to realise just how serious the effects of work-related stress can be, and take action to prevent it. HSE has published detailed guidance to help them do this. I urge all employers to read and act on the guidance now." Earlier results of the study have shown sickness absence to increase as control over the job decreases.

  • HSE news release. Work environment, alcohol consumption and ill health. The Whitehall II study, HSE Contract Research Report 422/2002, ISBN 0-7176-2314-9, price £15.00

  • Other HSE stress guidance: for large firms, Tackling work-related stress. A manager's guide to improving and maintaining employee health and well-being, HSG218, ISBN 0-7176-2050-6. For small firms, Work-related stress: a short guide, INDG281rev1. Single copies free; also available in packs, ISBN 0-7176-2137-5 4. All from HSE Books

INTERNATIONAL

Australia: Bosses could face jail for work deaths

Bosses who ignore safety laws should face jail if their workers are killed or seriously injured, according to a recommendation to the West Australia state government. Criminal charges against negligent employers, including a charge similar to manslaughter, have been recommended by former Australian Industrial Relations Commissioner Bob Laing in a big review of WA occupational health and safety laws. Mr Laing also recommends bigger financial penalties and more government inspectors to check on workers’ safety. Another recommendation is to give elected health and safety representatives the power to slap improvement notices on their bosses, requiring safety problems to be fixed. UnionsWA secretary Stephanie Mayman said she supported the majority of recommendations, particularly those urging the courts to recognise the social impact of work-related deaths. In the UK, the TUC is calling for corporate killing laws (Risks 39) and the introduction of improvement notices and has already introduced its own Union Inspection Notices scheme. The Australian state of Victoria already has a Provisional Improvement Notices scheme, and is phasing in a workplace killing law (Risks 29).

China: Over 20 miners killed in mine gas explosion

Over 20 workers have been killed after an explosion in a coal mine in central China's Henan province. Latest reports say the accident has claimed 22 lives. The tragedy occurred at the Xinfeng mine near Yuzhou city, as the temperature inside the mine rose beyond safety levels, triggering a gas explosion. Henan province this week was also the scene of the nearly miraculous survival of a miner who had been entombed for three weeks. Yang Xianbin, 19, was working in a coal mine near the city of Yiyang on 7 March, when the shaft was suddenly flooded, the Beijing Morning Post reported. Yang survived by drinking two handfuls of dirty water twice a day, according to the paper. His rescue has given local officials hope that six other miners also missing from the accident could still be alive, the paper said.

China: Work health crisis deepens

Work-related health conditions are plaguing an increasing number of Chinese workers, as necessary protective measures are often ignored, officials say. China’s Ministry of Health (MOH) received reports of 13,218 cases of occupational diseases nationwide last year, a rise of 13 per cent over the figure in 2000. This is only a tip of a huge iceberg, because MOH statistics are incomplete said Su Zhi, an MOH official in charge of law implementation and supervision. Fewer than 30 per cent of workers who are exposed to dusty environments have received health checks for the dust scarring lung disease pneumoconiosis, Su said, but added that the situation should improve after a national law on prevention of occupational illnesses takes effect in May. Under the new law, workers will be able to seek legal aid if their right to safe work is violated by employers.

Japan: Asbestos deaths will soar

An estimated 100,000 Japanese will die from asbestos cancers over the next four decades, latest research shows. A Waseda University research team estimates that deaths during the period from 2000 to 2039 from the asbestos cancer mesothelioma will be 49 times higher than for the decade from 1990. The group, led by professor Takehiko Murayama at Waseda University's School of Science and Engineering, discovered that the mortality rate from the disease for men born between 1951 and 1960 was about 0.3 per cent, twice as high as those born between 1941 and 1950 and six times as high as those born between 1931 and 1940. Japan still allows asbestos use, importing 80,000 tons of white asbestos annually. 'The government should seriously take relief measures,'' said Sugio Furuya, secretary-general of the Ban Asbestos Network Japan. 'Most advanced countries have placed a total ban on asbestos imports and Japan should immediately follow suit.''

New Zealand: Workplace death stats inaccurate

New Zealand, with one of the developed world’s most lamentable work death records, is unable to accurately record the number of workplace deaths occurring each year, an official report admits. "New Zealanders have an expectation that they can go to work and not be harmed at work. Unfortunately, the reality is that many New Zealanders die on the job," the Workplace Accident Insurance Statistics Report says. "How many die is not known because there is no single agency responsible for counting work-related deaths." The work death rate in NZ is running at about seven times that in the UK.

USA: Bush condemned for safety 'sham'

A Bush administration plan for voluntary action to address workplace strain injuries risks has been condemned by unions, Democrats and occupational health organisations. President Bush’s first national legislative act a year ago was to respond to a US business lobby, including many organisations unions say bankrolled the Republican Party, and axe a workplace ergonomics law introduced in the last days of the Clinton administration. John Henshaw, head of the Labor Department's Occupational Safety and Health Administration (OHSA) said: "We believe these are serious injuries and we are committed to reducing pain and suffering that occurs in the workplace as a result of ergonomic hazards." But Peg Seminario, director of safety and health for the union federation AFL-CIO called the plan "a sham.' She added: 'After a year of inaction, the administration has come up with a meaningless measure that further delays action and provides no real protection to workers against ergonomic hazards, which is the nation's biggest workplace hazard… we still have 1.8 million workers injured each year, so it's an enormous problem." The American College of Occupational and Environmental Medicine (ACOEM) said it was 'disappointed' that the Department of Labor (DOL) will not promulgate a new ergonomics standard. ACOEM president Dean A. Grove, said: "Although the previous standard issued by OSHA was fatally flawed, there is strong scientific evidence that supports the need for a standard." Two US government-commissioned reviews provided strong evidence in support of a law.

USA: Union says airline is victimising pilots who whistleblow

American Airlines is harassing pilots by taking disciplinary action against those who speak out on flight safety issues, the pilots' union has said. Allied Pilots Association officials said the airline has given letters threatening termination to three pilots, taking issue with them wearing their uniform while off duty. All wore their uniforms while speaking to the media about safety concerns. "We believe that American's focus on our uniforms is nothing more than a ruse, an attempt by management to intimidate our representatives and silence our safety concerns," said pilot Rich Rubin, a 22-year American Airlines veteran, who has been outspoken on the pilot working conditions that lead to pilot fatigue. Rubin said the union had filed grievances with the airline in the hope of reversing the disciplinary action against the pilots.

USA: Florida court OKs proposed office smoking ban

Smoking in the office would be illegal in Florida under a proposed constitutional amendment approved by the state Supreme Court that could now go before voters in the autumn. Referendum supporters, who now must collect enough signatures to put the issue before voters on 5 November, said the 7-0 ruling by the state's highest court was essential to their efforts to combat the adverse health effects of second-hand smoke.

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!

Employment agencies action, 24 April

The Simon Jones Memorial Campaign is calling a national day of action 'against profiteering employment agencies' on Wednesday 24 April 2002, the fourth anniversary of Simon's death. The campaign says: 'We are asking supporters of our campaign across the country and internationally to mark the anniversary of Simon's death by demonstrating, in whatever way they see fit, at an employment agency in their area that profits from the casualisation that killed Simon.'

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 (a TUC list is available) or organise your own. See the Hazards magazine round up of Workers’ Memorial Day resources and the new section of the TUC website. If you are organising an event, let the TUC know by email.

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 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:

Wales Scotland North West Midlands South East and East Anglia South West

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 (3,400 words) issued 7 Apr 2002

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