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Risks

issue no 54 - 18 May 2002

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

CONTENTS

'Planning your pension - a TUC guide' now available

Everyone at work needs to know about their pension rights and the choices on offer. This new 190-page TUC book provides practical advice and examples to help you through the maze. It costs just £8.99 and can be ordered on-line.

Risks is the TUC’s weekly online bulletin for safety reps and others, read each week by over 4,000 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 and Privacy statement. The TUC website lists future health and safety events in What’s On - new events are covered below.

ACTION

Go through the motions!

Whitewash asbestos: MP Michael Clapham has put an early day motion before parliament (EDM 1312) on white asbestos and mesothelioma. It expresses concern at asbestos industry efforts 'to portray white asbestos as a benign substance.' Check if your MP has signed asbestos motion EDM 1312 - if not, ask why not.
Corporate manslaughter: Roger Berry MP’s early day motion (EDM 1270) ' notes that, in the five years to 2002, 2,286 people were killed at work in the United Kingdom; welcomes government moves to introduce a new criminal offence of corporate killing… and calls upon the government to make parliamentary time available to establish the bill in statute.' See the corporate manslaughter motion EDM 1270 and check if your MP has signed yet - if not, ask why not.

Wanted: genuine partnerships for prevention

The TUC has set itself a target for this year of publicising twenty-two case studies of workplaces or organisations where managers and safety reps are working in partnership - on top of the 18 we have already published.

FEATURE

Union wins historic asbestos compensation victory

A trade union court battle on behalf of asbestos disease victims has ended in victory. Law Lords, sitting in the highest court in the land, overturned earlier rulings that could have robbed tens of thousands of asbestos compensation (Risks 32). Construction union UCATT backed the case for former member Arthur Fairchild’s widow Judith, and would have faced legal costs of up to £1 million had it lost. Insurers, who had hoped a legal ruse would rule out most compensation settlements, could now pick up a compensation tab running to £8 billion. UCATT general secretary George Brumwell said: 'This judgment will help tens of thousands of sufferers from the asbestos-related disease mesothelioma and will teach the insurance industry a lesson it will never forget.' Five hundred cases that were frozen pending the court ruling can now proceed. The cases centred on the principle of the "fatal fibre". In theory, it is possible that cancer could have been caused by just one fibre of asbestos dust. So, if a worker was exposed to asbestos at more than one company, insurers' lawyers argued it was not possible to say which was the source of the fatal fibre. The case establishes that claims can now be made against all the employers who exposed a worker to risk.

UNION NEWS

Rail bosses were warned about rail track problems

Rail bosses were warned weeks ago about track problems near the points thought to be responsible for the Potters Bar rail crash that killed seven (Risks 53). An employee raised his concerns in a letter to bosses three weeks before the fatal accident, said Bob Crow, general secretary of the Rail, Maritime and Transport (RMT) union. Unions have rejected claims by Stephen Byers and Railtrack that the crash was a "one-off", and say tracks are not being inspected often enough to prevent accidents. Mr Crow said a member had written a letter to managers saying that the track was not in a fit state. He said: "No response was made to him. He is now speaking to British Transport Police explaining what he said." Railtrack’s chief executive expressed fears that the use of contractors was jeopardising safety only 48 hours before the Potters Bar train crash. The Health and Safety Commission (HSC) has formally asked the HSE to investigate last week's train derailment at Potters Bar and to make a special report to HSC as soon as possible. Calling for a public enquiry, RMT’s Bob Crow said, to 'look into the shambolic way in which infrastructure maintenance is organised… The case for bringing all maintenance back in-house is already irresistible.' It wants an end to Railtrack's policy of employing sub-contractors to carry out maintenance work.

Bosses score World Cup own goal

Britain's workers will be forced to "bunk it for Beckham" during this summer’s World Cup campaign, the GMB trade union has said. A GMB survey of members in 200 firms found only 1 in 4 companies is making special preparations to give staff time off to watch England matches. Only 23 per cent of workers had been told their firms were granting special time off, or making special arrangements for viewing of England's crunch first round qualifiers against Argentina and Nigeria on 7 and 12 June. GMB general secretary John Edmonds said: "If companies don't make sensible arrangements then they are running the risk of waking up on the morning of the Argentina match to find threequarters of their staff bunking it for Beckham." The 6,500 workers at the Pru appear to be World Cup winners. UK insurance giant Prudential has vowed to introduce flexitime during June to allow its staff to watch matches. Last week trade and industry secretary Patricia Hewitt urged companies to make contingency plans to prevent the tournament impacting on business. During the last world cup absentee rates for some England matches were as high as 70 per cent, and cost the UK economy almost £400 million in lost business.

Post Office pays out for stress

The Court of Appeal has confirmed that the Post Office must pay a substantial five-figure sum in compensation to a Communication Workers Union member who suffered years of stress-related illness caused by an ever-increasing workload. Maurice Young, 55, began working for the Post Office in 1978 as a transport technician and was promoted regularly, becoming a workshop manager in 1993, leading to more work and more responsibility and pressure. The court found that despite telling his superiors repeatedly he was not coping with the pressure nothing was done. Kerry Hadley, Mr Young’s solicitor at the law firm Irwin Mitchell said: 'One of the reasons the court found in Mr Young’s favour was the fact that his many calls for help at work were ignored by his immediate boss and by people further up the management ladder at the Post Office.'

Post group urged to stop bullies and sex pests

Consignia is being urged to crack down on bullying and sexual harassment. The study of Post Office managers by trades union Amicus shows most have experienced problems in the past year. A third had been subjected to "uninvited sexual teasing" and verbal abuse, while almost two out of three said they had seen a colleague being bullied. The union concluded that the cost to Consignia of bullying and harassment could be as high as £15 million a year because of the 51 days average sick leave per victim. Two-thirds of those polled said bullying was in the form of undue pressure to complete work. One in 20 complained of uninvited pressure for "sexual favours," while others said they received letters, telephone calls or materials of a sexual nature. Amicus national secretary Peter Skyte said the company must act now, adding: "The time for further navel gazing internal reviews on these issues is over. Consignia has policies but these are clearly ineffective."

Government and unions meet on bus crime

Minister for transport John Spellar MP has met with representatives of the Transport and General Workers Union (TGWU) to discuss a union proposal for special legal measures to reduce crime on buses. The minister said: "I understand the union proposals for special legal measures but we believe that existing criminal and civil powers are already available to the courts and individual transport operators. However, I shall continue to encourage bus operators and the police to deal with these incidents with the utmost seriousness and we will monitor the situation to ensure there is an improvement." Graham Stevenson of the drivers’ union TGWU said: "We are satisfied that the government is determined to reduce all violent crime, including assaults to bus crews, through a number of measures. But if the current situation of attacks to our members does not improve, we shall not hesitate to demand further measures."

Too few coastguards and too many deaths at sea

Coastguards’ union PCS has expressed concern at the rising numbers of incidents dealt with by a dwindling band of experienced workers in the Maritime and Coastguard Agency (MCA). Latest MCA figures show that the number of maritime incidents rose last year by 500 to 12,514. The number of fatalities rose by 50 to 284. Dave Clempson, representative of the PCS members in MCA, said: "Coastguards have dealt professionally with the increase in maritime incidents but staff shortages mean that most coastguard stations have unfilled vacancies and a shortage of experienced staff on duty. PCS is pushing for action to address the recruitment crisis in the coastguard service and guarantee the public that every coastguard station has fully trained staff on duty, around the clock."

Corner cutting is bad for air safety

GMB Scotland has accused airline bosses of risking passenger safety to save cash. Robert Parker, the union's Scottish regional secretary, said baggage security screening staff at Edinburgh Airport were being asked to work unacceptably long hours for miserably low wages. He said: "Staff turnover is too high, wages are too low, and people are being asked to work more than 70 hours a week in a job that requires a lot of concentration. The consequences of one lapse in concentration should not have to be over emphasised in the airline industry.' The workers are trained to watch out for between 50 and 60 prohibited items as bags and suitcases pass through x-ray machines at a rate of 12-seconds per bag. The union adds that moves to switch the security contract at Edinburgh Airport to a new firm are motivated by a desire to save money without proper consideration of the safety implications.

OTHER NEWS

Four out of ten top companies say they can’t be bothered

Four out of ten FTSE 100 companies are still failing to report on their health and safety performance, a year after the HSC asked them to come clean and publish their health and safety plans and record. Commenting on the latest reporting figures, HSC chair Bill Callaghan said he is looking for 'more information from more companies about their health and safety performance.' He added: 'Reporting on health and safety performance sends a clear signal to workers, investors, customers and other stakeholders that a company takes its responsibilities seriously." Last year the government and HSC "challenged" Britain's top 350 companies to commit to reporting annually, from 2002 onwards, on their health and safety policies and performance against targets in line with the HSC guidance, Health and safety in annual reports. Latest official figures show reporting had increased from 47 per cent in 1995 to 60 per cent in 2001. At a 29 May conference 'trade unions and government will be encouraged to see health and safety as an integral part of business performance and social responsibility,' says HSC.

Two out of five nurses assaulted

Two out of five nurses have been assaulted at work in the last three years, a survey suggests. However, fewer than one in 20 say they have received support from the NHS in pressing charges against their attackers. The survey, carried out by the Nursing Times, also shows that just one in 10 were offered counselling after the incident. Jon Richards of health service union UNISON said: " We continue to be concerned that assaults on staff are not taken seriously and that NHS Trusts and the criminal justice system does not deal with aggressors adequately. A recent suggestion that the government is considering legislation that treats assaults on health workers as the same as those on the police - as demanded by UNISON for many years - is to be welcomed.'

Bullying rife in Britain's 'caring' jobs

New research has found that workplace bullying is rife in the 'caring' professions. A nationwide study of staff in the NHS, in healthcare and personnel management, has found that three in five people have witnessed bullying at work in the past two years. One in 10 sufferers show symptoms similar to those of post-traumatic stress disorder. 'It is disturbing to find such widespread abuse identified among people whose jobs are caring for others,' said psychologist Noreen Tehrani, who carried out the survey. 'In organisations where people are forced to do more and more, bullying appears to become more prevalent.' Jon Richards of UNISON said workers were facing more pressure than ever before. He called on Trusts to work in partnership with unions, adding: 'UNISON recognises that the Department of Health has begun to invest in leadership programmes for senior managers and clinicians. However if they are to deliver improvements in the NHS without destroying the lives of staff delivering the services they also need to put resources into training managers in combating bullying.'

Half of building sites too dangerous to go on

Half of the London construction sites visited in a week long safety blitz were so dangerous the HSE had to stop the job. Enforcement action was taken against almost two-thirds of the sites visited. 223 construction sites were inspected during the blitz and 110 prohibition notices were served. Unsafe work was stopped on nearly half the sites visited for issues such as a failure to provide proper fall protection and a lack of welfare facilities. A further 11 improvement notices were issued, most for inadequate welfare facilities. Barry Mullen, the inspector who led the blitz, said: "Inspectors served notices where there was an immediate risk to people’s health and safety though the underlying cause of the problems related to issues such as end of job pressures, poor consideration of health and safety issues in design, failure by main and sub-contractors to identify obvious risks and implement safe systems of work, and inadequate project arrangements for health and safety by clients and developers.'

Rethinking construction

The government is seeking a commitment from the construction industry to ensure full commitment to its 'Rethinking construction' initiative. An 'Accelerating change' consultation is asking the industry and its clients to provide better leadership. Construction minister Brian Wilson MP said transforming the industry's image from one that is dangerous and restricted to white males is essential to recruiting and retaining a greater number of highly skilled tradespeople.

£80,000 fines over child’s site death

Two construction firms have been ordered to pay nearly £100,000 in fines and costs after a nine-year-old boy was crushed to death. Haslam Homes Ltd and Atlas Building and Civil Engineering omitted to prepare a proper health and safety plan and failed to ensure the safety of children who considered the site an "adventure playground," Leeds Crown Court was told. Simon Golding had been playing inside a concrete sewer pipe on the site when it fractured, crushing him to death. Mr Justice Ouseley imposed a £40,000 fine on each of the companies and ordered them to pay nearly £16,400 in costs, stating: "The safety of children is a vital consideration for those who operate building sites."

Gas fitter gets first jail sentence for working unregistered

The first gas fitter to be jailed for working without being legally registered has been given a four-month sentence. Mark Towle was prosecuted by the HSE for contravening the requirements imposed by a prohibition notice. The notice prohibited Mr Towle from undertaking gas fitting work until he was Corgi registered and competent. The notice was issued as the result of an HSE/CORGI investigation into a dangerous gas fitting in 1999.

Car mobile phone use raises crash risk

Three new studies suggest that an individual's risk for collision or other serious accident increases whenever he or she uses a mobile phone while driving, with risks rising with the amount of time spent on the phone. Dr Urs Maag and colleagues from the Laboratory on Transportation Safety CRT at the University of Montreal found heavy users had nearly twice the risk of non-users of getting involved in a serious accident. In a second study, Dr Sandi Wiggins of the Insurance Corporation of British Columbia (ICBC) found mobile phone-using drivers had a 16 per cent greater chance of being the cause of a collision, compared to non-users. And Dr Joanne L Harbluk, of the Canadian federal agency Transport Canada found that even hands-free may not mean hazard-free, with users experiencing "reduced situation awareness while people are driving, and also reductions in margin of safety." UK union Amicus has said it is backing a UK government campaign to stop mobile phone use while driving (Risks 53).

Drink out of the toilet - just don’t eat off the desk

New research shows the average office workstation harbours more germs than a toilet seat. A study by University at Arkansas microbiologist Chuck Gerba shows that your office desk is home to 400 times as many bacteria as your workplace loo. Gerba found that lavatories, which are cleaned fairly regularly, are probably the cleanest places in an office building. The telephone is host to the most germs, followed by the desk and the computer keyboard. Gerba claims that dirty workstations can sustain millions of bacteria, many of which are potential causes of illness.

Telemarketers' voices at risk

Telemarketers suffer twice as many voice problems as the average person, a study has found. The study of 304 telemarketing professionals found one in three suffered a loss of their voice that affected their work. The rate of "vocal attrition" was double that of a control group of 187 college students. The condition affects people in verbally demanding jobs such as teachers, singers and aerobic instructors, according to study author Katherine Jones of the University of Nebraska Medical Center. A 1996 feature in the TUC-backed health and safety journal Hazards reported that an NUT member had received industrial injuries benefit for occupational voice loss. Last year the TUC called on call centre employers to take measures to prevent occupational voice loss.

  • Katherine Jones and others, Prevalence and risk factors for voice problems among telemarketers, Archives of Otolaryngology - Head and Neck Surgery, vol.128 pages 571-577, May 2002. [ abstract of paper ]. Dangerous talk: Occupational voice loss is now an official work disease, Hazards 56, autumn 1996. TUC survey of call centre risks

INTERNATIONAL

Canada: Unions call for criminal law on work deaths

Canadian unions have renewed their call for legislation to hold negligent employers responsible for deaths at work. Hassan Yussuff of the Canadian Labour Congress told the House of Commons Standing Committee on Justice and Human Rights that "effective legislation would... serve as a warning to directors and officers of a corporation that avoiding responsibility is itself a crime." A poll commissioned by the United Steelworkers union found the majority of Canadians surveyed thought the government should change the law to hold corporate executives and directors accountable. Seventy-three per cent of the 1,000 people polled said the changes should be a federal priority. The calls came on the 10th anniversary of the Westray disaster, where 26 Nova Scotia miners were killed.

China: Factory fodder worked till they drop

China has added a new word to the occupational health vocabulary - guolaosi. The phrase means "over-work death," and usually applies to young workers who suddenly collapse and die after working exceedingly long hours, day after day. The death from overwork phenomenon is becoming recognised elsewhere, and is known in Japan as 'karoshi'.

South Afr i ca: State unlikely to settle with Cape plc

The South African government is unlikely to agree to a demand by British multinational mining company Cape plc that it waive its right to sue the company for environmental rehabilitation costs, latest reports say. Cape reached settlement in December last year with almost 7,000 South African victims of asbestos-related illnesses who had brought a damages action in the London High Court (Risks 32). Under the terms of the agreement, the South African government had to waive its right to sue the company for the environmental remediation costs.

USA: Unjust rewards for contract criminals

The US government continues to award federal business worth billions to companies that repeatedly break safety and environmental laws. An investigation by the journal Mother Jones found 55 of the top 200 contractors were cited for a total of 1,375 violations of workplace safety laws that posed a risk of death or serious physical harm to workers. Ford Motor Company, which between 1995 and 2000 ranked 177th among contractors with $442 million in federal business, led the Occupational Safety and Health Administration (OSHA) list with 292 violations deemed "serious" by federal officials. Thirty-four leading contractors were penalised for violating both environmental and workplace safety rules. The firms were hit with a total of $12.6 million in Environmental Protection Agency penalties and $5.9 million in OSHA fines - costs more than covered by the $229 billion in federal contracts they were awarded during the same period.

RESOURCES

HSE free stuff to cut workplace stress

A free newsletter and action pack to promote this year's European Week for Safety and Health, beginning 14 October, is now available from the HSE. The pack includes a 12-page newsletter, posters, stickers, factsheets, postcards and leaflets all focusing on the Euroweek's "stress" theme. The TUC and unions across Europe are backing the event.

CSP safety news

CSP safety news, a newsletter from physios’ union the Chartered Society of Physiotherapy, is now available online. The latest issue includes articles on CSP’s regional safety rep structure and on Euro safety week.

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!

London premiere of Simon Jones film, 21 May

A new film, Not this time - the story of the Simon Jones Memorial Campaign, will hold its world premiere at the Ritzy Cinema, Brixton, London at 7pm, Tuesday 21 May. The film will be introduced by comedian Mark Thomas. Tickets are limited and are available now from the Ritzy Cinema box office (0207 733 2229) priced £5 and £3 concessions. The Campaign is also seeking funds to help finance production and distribution of copies of the film.

Tell MPs what it feels like to bullied! 29 May

Calling all those who know what bullying feels like, or how difficult it is to help someone who has been bullied...The House of Lords will be debating the report stage of the Dignity At Work Bill on Wednesday 29 May. Amicus peer Baroness Gibson of Market Rasen has arranged for a committee room to be reserved in the House of Lords for a meeting called by the Amicus Campaign Against Bullying At Work. The meeting is seeking testimonies from those with first hand experience of bullying. Under the Dignity at Work Bill, sensible employers who adopt genuine anti-bullying policies would be protected, providing they respond to complaints appropriately. Dignity at Work policies would be encouraged.

TUC/CCA Conference on safety law enforcement, 8 July

In January 2002, a coalition of trade unions, safety groups and families, bereaved from work-related deaths and disasters, came together around a series of demands for reform on safety, law enforcement and corporate accountability. This conference will explore this and the Government's agenda for reform. Speakers include Alan Whitehead MP. Registration costs £25.

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 http://www.tuc.org.uk/h_and_s/ 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

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.

Newsletter (4,800 words) issued 18 May 2002

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