PDF version available for download (PDF help)

Risks

issue no 76 - 19 October 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 5,000 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

Lobby your MP: asbestos kills! Back the new HSC regulations

This Thursday (24 October), the House of Commons will be debating new HSC regulations on the duty to manage asbestos in buildings. Although such regulations are usually approved without debate, this August the Opposition pressed for a full Parliamentary debate, suggesting that white asbestos (chrysotile) wasn’t very harmful, that HSC hadn’t consulted enough on the proposals, and that surveyors would make huge amounts of money out of the new duty to survey buildings for asbestos. The TUC will be briefing MPs on the issue and will send out a special supplementary issue of Risks on this issue on Monday - but if you are seeing your MP before then, tell them that all asbestos kills, and white asbestos has been accepted as deadly by all the reputable authorities (including the World Health Organisation, the International Agency for Research into Cancer and even the World Trade Organisation). HSC have actually consulted twice over this issue, and the debate on these regulations has been going on for four years! And whilst the TUC doesn’t want to see unscrupulous surveyors price gouging, the solution to that problem could be as simple as getting more than one quote!

FEATURE: That was the stress week that was

Stress madness strikes the workforce

Unions went stress mad this week in a Europe-wide drive to highlight the No.1 workplace health problem (Risks 75). TUC General Secretary John Monks said: TUC General Secretary John Monks said: 'Stress causes real mental and physical illness. Burn-out Britain is bad for working people and bad for business. But the causes of stress can be controlled and the risks managed. We want managers and unions to work in partnership to identify any problems and solve them together. Our ‘stress MOT’ is designed to catch the problem early, before people get badly hurt. No one should have to suffer stress at work - it’s time to tackle the hassle.' The TUC’s stress MOT - a tool to stop you blowing a gasket at work - was downloaded over 5,000 times by the end of Euroweek. And while TUC MOT’d, unions went inspecting, conferencing, negotiating and in at least one case, finding time for some chilling. Union tools ranged from surveys to stickers to stressometers. And no-one was safe from the stress-a-thon - there was action on football pitches, in classrooms and in workplaces nationwide. Initiatives ranged from deadly serious evaluations of workplace risks to less than scientifically valid workplace stress quizzes. Gateshead was declared a stress free zone. TUC’s Owen Tudor commented: 'Unions did more this week than they have ever done, and work against work stress got a major boost. But this is only the beginning - what unions have started doing, they need to keep on doing, so we can deal with the modern plague of workplace stress.' Next on the agenda for stress is National Stress Awareness Day on 6 November.

Ban bullying action pact

A union, a think tank, a charity and a magazine have joined forces to tackle bullying. Amicus, The Work Foundation, the Andrea Adams Trust and IRS Employment Review have launched a joint Ban bullying at work action pack. The launch came on 15 October, designated 'ban bullying at work day' by the foursome. Recent research found that despite widespread awareness of the damaging effects of bullying, it is now the most common cause of complaint at work (Risks 70). Roger Lyons, Amicus general secretary, said: 'Amicus has witnessed bullying in every sector of the economy, so the launch of this pack and the information within it is a first step to eradicate this blight from British workplaces.'

HSC gets stressed up over employers’ complacency

HSC boss Bill Callaghan started European week saying: 'I am amazed at the complacent attitude to work-related stress in some quarters.' And he indicated that if the complacency isn’t overcome, Britain is still likely to get a work stress law. Speaking at the start of Euroweek, he said: 'No one should have to tackle stress on their own - regardless of whether they are an individual, organisation, or business. European Week for Safety and Health, which this year focuses on stress, is a catalyst for action to prevent stress and make work a better place. The way forward is by working together, sharing knowledge and building foundations to put in place the policies, guidelines and eventually legislation that can not only overcome complacency about stress in the workplace but actually prevent the condition.' The HSE, which says stress is one of its 'priority programmes,' launched a new stress webpage as part of its Euroweek resources and action package.

Work stress 'doubles heart risk'

People who have stressful jobs could be twice as likely to die from heart problems, new research shows. And the worse the job, the worse the problem. More than 800 apparently healthy employees of a Finnish metal company were studied over a 25-year period, the researchers report in the 19 October 2002 issue of the British Medical Journal. Each worker was classified under the ‘effort-reward imbalance model,’ with those with the biggest mismatch between the effort they put in, and their perceived reward as a result - salaries, social approval, job security and career opportunities - given the highest scores. The researchers found that those assessed as having the greatest imbalance between effort (high) and reward (low) were more than twice as likely to die from heart disease compared with those with the least imbalance. Those with high job strain and a perceived lack of control over their job also ran more than twice the heart disease risk. Professor Mika Kivimäki, who led the study at the Finnish Institute for Occupational Health, said: 'The evidence from industrial employees suggests that attention should be paid to the prevention of work stress.'

USA: Work stress costs money and staff

US employees are feeling more stressed as a shrinking workforces wrestles with an unchanged workload, a survey has found. More than one-third of workers reported an increase in their personal workloads during the previous six months, according to an online survey of 400 employees by CareerBuilder.com. Employees also reported staying at work longer hours. The downturn in the US economy has forced many companies to cut costs and lay off millions of workers. Not only are employees stressed about possibly losing their jobs, but people who kept their jobs are doing the work of those who left, adding further stress. And as the economy slowly recovers, some companies continue to hold back on rehiring. 'Business leaders should be concerned because an overly stressed employee cannot perform at their best,' said Marianne Carter, director of the University of Delaware's Employee Wellness Center.

UNION NEWS

Inspection deficit disorder is a work killer

The number of official HSE workplace safety inspections have dropped by 41 per cent in the last five years, says a new report from public sector union UNISON and the Centre for Corporate Accountability. Safety last? The under-enforcement of health and safety law says on average a registered workplace will receive an inspection once every 20 years. It says despite an increase in the investigation of reported incidents there were still no investigations in 2000/01 of: 3 per cent of deaths at work; 80 per cent of major injuries; 95 per cent of over-three day injuries; and 55 per cent of officially reported industrial diseases. The report says prosecution figures for 1998/99 show there was no prosecution in two-thirds of incidents (67 per cent) where a worker died and in 89 per cent of major injuries to workers. A shocking 99 per cent of officially reported cases of industrial disease did not result in a prosecution. Hugh Robertson, UNISON's head of health and safety, said: 'We need the HSE to be pro-actively supporting employers, but we also need more inspections, more investigations, and more prosecutions of criminal employers.' The report found the situation in Scotland was particularly lamentable, with the UK's highest rate of deaths at work but the lowest level of prosecutions.

Driving accidents on work time are work accidents

The TUC says employers must take more responsibility for accidents in which their employees are killed whilst driving for work. It says government action to ensure this happens would help tackle some of reasons why 1,000 employees are fatally injured every year on the roads. TUC general secretary John Monks said: 'Workers who drive for a living are more than three times more likely to be killed at work than any other worker. Aside from the pain and suffering caused to them and their families, this tragic toll is a massive £3.7 billion annual cost to society and a sky high £2.7 billion to employers.' He added: 'Managers should take as much responsibility for the safety of workers they send onto the roads as they do for people they send onto the factory floor.' TUC wants the HSE investigating the safety management practices of all employers whose staff drive while at work. It says that in addition to the high number of worker deaths on the roads, every year there are around 12,000 serious injuries to driving workers, and 70,000 lesser injuries.

  • For more information on managing occupational road risk, contact RoSPA

Modern rights for modern workplaces

New government regulations soon to be introduced should make it easier for working parents to seek flexible working arrangements with their bosses, says the TUC. Responding to the Department of Trade and Industry consultation over its draft Flexible Working Regulations, TUC general secretary John Monks said: 'Working parents trying to work a full week, yet not neglect their children, are in danger of stress overload. In most cases the simple introduction of a little flexibility can quite literally change their lives. They feel less pressurised, and the end result is almost always a more productive employee who feels more at ease with themselves and their work.' The TUC response deals with all aspects of employment practice, from legal employment protections, to diversity, to working hours, to health and safety. On safety, TUC says there should be 'aggravated damages' for unfair dismissal in health and safety related cases and there should be better, more humane controls on working hours. It also says employers should not be allowed to set up 'staff association' health and safety talking shops as a ruse to avoid recognising a genuine, independent, trade union.

Probation officers to strike over hours and workloads

Probation officers have voted to strike over staff shortages and increasing workloads. At the annual general meeting of their trade union, Napo, more than 500 members voted in favour of a one-day strike, boycotts and work-to-rule action. Just 10 voted against. The industrial action, to involve 7,700 Napo members in England and Wales, follows two years of negotiations with the Home Office on workload prioritisation. Assistant general secretary Harry Fletcher said: 'The probation service is under-valued, under-resourced and overworked. Management must realise they have a legal duty of care for staff and prioritise workloads without any further delay.' Over the last five years, the probation service's workload has increased by 30 per cent, but the number of trained staff has remained static, he said.

Union plans to fight staff assaults

Attacks by patients and their relatives on Scottish health service workers is to be tackled in a six point action plan from health service union UNISON. A survey by the union of almost 1,500 health workers suggested four in 10 have been attacked by a patient or patient's relative in the past three years. Now the union wants more workers to be given additional training to help them deal with aggressive patients. The union wants to see automatic prosecution for violent assaults. And it is demanded a warning card system which could lead to abusive patients being barred from hospitals and other health centres. 'Survey after survey are still showing an increase in assaults on NHS staff,' said Jim Devine, of UNISON Scotland. 'The lack of support and follow up is quite frankly unacceptable… One of our nurses described working in an Accident and Emergency unit last Sunday night ‘like being in the middle of a war zone.’ This is unacceptable and that is why we are issuing, in European Health and Safety Week, this six point action plan to reduce violence against NHS staff.'

Back pain nurse awarded £420,000

A nurse has compensation from an NHS trust after she claimed poor staffing levels and inadequate equipment caused her disabling back condition. The 'groundbreaking' High Court decision to award a £420,000 compensation payout for a chronic back problem not resulting from a single accident, could now lead to more legal cases against negligent trusts. Angela Knott, 36, from Berwick-upon-Tweed, Northumberland, never returned to work after waking in agony one morning in March 1998. She had suffered a disc prolapse and other related health problems and has been warned not to have children. Mrs Knott worked at Newham General Hospital, London, on a ward that took acute medical cases. Mr Justice Simon ruled that Newham Healthcare NHS Trust's arrangements for lifting were 'inadequate properly to protect their staff and patients.' Mrs Knott's solicitor, Harold Immanuel, said: 'The importance of this case is that Angela did not have a specific accident. Because most nurses' injuries are back injuries and not caused by specific accidents, we believe there is the opportunity for justice for other nurses as well.' In addition to the compensation payout, the trust faces a costs bill estimated at around £400,000. Unions say back injuries force around 3,600 nurses to retire each year.

  • Contact BackCare, the charity for healthier backs

Fire union calls for safety rep action

The fire service union FBU is asking for safety reps to be extra vigilant at work. The call comes as the union prepares for a national pay strike. FBU members voted nine to one on Friday in favour of strike action. A new FBU Safe Y campaign website says 'action will inevitably worsen the safety arrangements that are usually in place in workplaces.' The guide urges employers to review their risk assessments. Dave Patton, FBU’s health and safety officer, adds that firefighters are also road traffic accident emergency workers. 'There will be more people dying in road traffic accidents,' he said. London Underground has said the strike action will lead to the closure of certain Tube stations on safety grounds.

OTHER NEWS

Firms admit workers are not insured

Staff at six north Staffordshire companies are not covered for accidents at work because insurance premiums have spiralled by as much as 1,200 per cent. Business leaders claim the unnamed firms were unable to pay costs pushed up by the growth of 'compensation culture' and were being forced to operate illegally. Trade and industry secretary Patricia Hewitt was called upon to intervene on the issue during a North Staffordshire Chamber of Commerce and Industry (NSCCI) business summit. Chamber chief executive Bryan Carnes explained the results came from a confidential survey of its 1,100-strong membership and warned at least one company was considering shipping production abroad because of costs. However, evidence compiled by the TUC shows 'compensation culture' claims are a myth. 'It’s an old song, and way off key,' said TUC health and safety specialist Owen Tudor. 'Britain’s workforce suffers a ‘no compensation culture’, with the great majority of employees receiving no compensation when they are injured or made ill by work' (Risks 68).

Directors won't evade corporate killing liability

Individual directors and senior managers could still be vulnerable to prosecution under the latest proposals for the long awaited corporate killing laws (Risks 74). The legislation is expected to be announced in the Queen's Speech in November, and would be considered in the next session of parliament. Janet Asherson, head of health and safety at the CBI, the employers’ organisation most vocally critical of the proposed law, said individual directors and senior managers could still be prosecuted for breaches of health and safety. She added: 'We're pleased the idea of corporate killing and the individual have been separated. The linkage has been broken, but it doesn't mean that individuals can't be found guilty or held responsible.' Owen Tudor, health and safety specialist at the TUC, said corporate manslaughter legislation would make it lot easier to prosecute individuals.

Top bosses give health and safety high priority but low prestige

Research by the London School of Economics (LSE) for law firm DLA shows that the top companies in the UK consider themselves up to speed on health and safety, but don’t deal with it as a Board room issue. The research, into how the top 250 FTSE companies address various types of regulatory risk, indicated that health and safety was the regulatory area where companies are most aware, most active and most certain they have dealt with the risks. But when asked who was responsible for dealing with the issue, more companies cited a specialist manager below board level for health and safety than for any other regulatory risk. TUC’s Owen Tudor commented: 'Health and safety is still seen as a technical ghetto, even by those who do it well. But until the people who take the key decisions are involved, we can’t say employers are being really responsible about workers’ health and safety.'

Is the watchdog researching in the right place?

Want your say on the key health and safety research issues? The HSC/E have published a HSC/E draft strategic research outlook 2003, and are seeking comments. The document offers a guide to HSE's research activities and provides information on the broad spectrum of issues and topics, including new and emerging issues, on which HSE expects to carry out research, either now or in future years. HSE says it is reworking its approach 'to consider the most effective ways of ensuring that we remain open and receptive to new ideas.' The TUC wants to see a greater focus on the role of safety reps.

HSC seeks new COSHH

The HSC has published a consultative document setting out proposals for making two significant changes to the forthcoming Control of Substances Hazardous to Health Regulations 2002 (COSHH). One change will extend COSHH to cover certain mutagens, substances that may cause genetic defects. This will result in changes in the controls on triglycidyl isocyanurate (TGIC), a curing agent in powder coating paints - other mutagens are already covered in the COSHH cancer listings. The second deals with the cancer risks from dioxins. HSE says the aluminium recycling industry is the main at risk occupational group for dioxins.

INTERNATIONAL

Canada: Two more passive smoke compensation payouts

Two more Canadians working in the restaurant industry have been awarded compensation after developing cancer from second-hand smoke. One developed breast cancer, the other lung cancer, the Canadian broadcaster CBC said. It added that both cases were in British Columbia. The move follows an official workers’ compensation award to a non-smoking Ontario waitress who has terminal lung cancer linked to workplace passive smoking (Risks 75). She will be featured in a national advertising campaign warning of the dangers posed by second-hand smoke in the workplace, to be launched by Canada’s federal government on 21 October. Cathy Walker, health and safety director of the Canadian autoworkers’ union CAW, said passive smoking had now become a big bargaining issue for the union.

Global: Road users warn of fatigue danger

Road users worldwide have been made aware of the dangers posed by professional drivers forced to work dangerously long working hours, as the ITF staged its sixth annual action day on road transport. Transport trade unionists from all over the world participated in action on 15 October. There were reports of long tailbacks at border crossings between Spain and Portugal, and Spain and France. Within 60 hours, the ITF received more than 40 reports, mostly by email, of actions and events taking place on the day. Hundreds of thousands of activists took part, including more than 30,000 in Bangladesh. Under the slogan 'fatigue kills,' trade unionists held demonstrations, stoppages, information seminars and other actions to highlight the sometimes fatal dangers of long working hours for drivers. Hundreds of thousands of leaflets were distributed. 'More and more trade unions are using the day to reach out to professional drivers at truck stops and borders,' said ITF’s Mac Urata. 'This is a very good way of organising non-organised workers, which is essential in the road transport industry.'

New Zealand: Smoking ban in pubs closer

A total ban on smoking in New Zealand’s pubs, clubs and restaurants is now a little closer. One of the country’s biggest hospitality employers, Sky City, has agreed with employees to work towards a total ban on smoking in enclosed places if the rest of the industry agrees. Nadine Rae of the Service and Food Workers' Union says it is an industry-leading move and a first for a company such as Sky City. The hospitality industry is already battling a less radical government proposal to phase in 50:50 smoking and smoke free areas in bars over the next five years. But a major player breaking ranks may be all it takes for the government to toughen up its plans. Prime minister Helen Clark said she supports any efforts to move towards smoke free workplaces. 'I'll always be looking for ways to better protect people's health from passive smoking,' she said.

South Africa: Gencor forced to join asbestos case

The British High Court has granted an application to make South African company Gencor a co-defendant in proceedings against UK-based company Cape plc. London lawyers for 7,500 South African asbestos-related disease claimants are expected to serve court papers on Gencor within the next few weeks. British lawyer for the victims, Richard Meeran, said some of the victims had worked for Gencor, or at one of its operations, when the company purchased Cape plc's former operations in 1981. The court also made UK based company Charter plc a co-defendant. Charter was Cape plc's former parent company. Meeran was unable to say what Gencor's liability was at this stage, but said 'it should be significant taking into account the fact that many claimants were exposed to Gencor's operations.' Anglo-Australian commodities giant BHP Billiton, which has a major interest in Gencor, could also be affected by the 1.5 billion rand (£94 million) compensation claim.

USA: Working in danger and working while dead

The top US union organisation has called on US secretary of labor Elaine Chao and the governors of California, Washington, and Oregon to put health and safety inspectors on the West Coast docks to ensure the safety of dock workers as they face an unprecedented level of cargo (Risks 75). Pointing out the job has an injury rate more than twice the national average, AFL-CIO president John Sweeney said in letters to secretary Chao and the governors that 'it is imperative that government safety and health inspectors have a major and continuing presence on the docks to monitor conditions and ensure the workers are protected.' Management at the docks has been critical of the docks union ILWU for 'working safe,' sticking to the letter of safety agreements, and says workers could work faster. But Ramon Ponce de Leon Jr, president of ILWU Local 13 in Los Angeles says the employer, PMA, 'intentionally keeps available workers off the job, proposes that dead workers take their places, and then has the audacity to blame our dedicated workers,' adding that 25 per cent of the names of crane operators listed on work orders by the shippers were retired, deceased or had transferred to other job categories.

USA: Top boss indicted for worker deaths

Phil Minucci, president of Tri-State Scaffolding & Equipment Supplies Inc., has been indicted for five counts of manslaughter in the second degree and four counts of assault in the second degree following a criminal investigation of a workplace accident that claimed the lives of five workers and injured many others almost exactly a year ago. The casualties were all injured in a scaffold collapse. Approximately 300 police and fire rescuers responded to the collapse. Workers Manuel Barrariso, 40; Ivan Pillacela, 30; Efrain Gonzalez, 26; Donato Conde, 19; and Cesar F. Tenesaca, 25, were killed. 'This indictment is a strong message to employers and employees alike that violations of worker protection laws will not be tolerated,' said secretary of labor Elaine Chao. 'The deaths and injuries suffered by the workers in last October's incident were a preventable tragedy and a stark reminder that there are still dangerous workplaces in this country, including ones where Hispanic and other immigrant workers are employed. We are determined to take whatever steps are necessary to ensure that safety and health protections for all workers are vigorously enforced.'

RESOURCES

HSE Worksmart ads on video

HSE mini-documentaries, shown so far on TV's Worksmart series in north west, south, south east and north east, are now available on video. HSE says the Worksmart series 'features real people talking about real experiences in the workplace involving loss of life, injury and ill-health' and adds that research on the impact of the programme in the north west showed a huge increase in the awareness of health and safety issues among workers. Each of the 45-second programmes raises a health and safety issue and offers a solution based on the subject's personal experience. Stories have been grouped together to reflect work activities that carry the highest accident and ill-health incidence rates, and deal with issues including construction, agriculture, stress, and musculoskeletal disorders.

  • HSE news release. The Worksmart Video compilation ISBN 0 7176 2575 3 price £25.00 plus VAT can be ordered from HSE Books . The Worksmart DVD compilation is available early November 2002, priced £25.00 plus VAT, ISBN 0 7176 2579 6

HELA-va newsletter

The latest bumper issue of HSE’s Health and Safety Newsletter for Local Authorities is now available online and covers a wide-range of enforcement and policy issues in the local authority enforced sectors (mostly private services) in its 19 pages.

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!

Turner and Newall asbestos victims speak out, 25 October

Turner and Newall asbestos victims are invited to a public meeting on Friday 25 October 2002 called by asbestos victims support groups throughout the UK. Government, employers and insurance companies ALL have responsibilities to asbestos victims, say the organisers. They say they are asking all those who support our call for justice for asbestos victims to support this important meeting. Speakers include: Tony Lloyd MP; Nigel Bryson, GMB; Anthony Coombs, solicitor; Jamie Gleave, administrator.

National Stress Awareness Day, 6 November

Organised every year by the International Stress Management Association, and backed by the TUC and the HSE. This year’s theme is ‘Managing stress in an ever-changing world’.

Conference on Violence at Work, 2 December

Hosted by the TUC, this conference will be run by the Government Inter-Departmental Committee on Violence to Staff. For further information contact Tom Mellish.

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 SEPTEMBER TO DECEMBER:

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

Newsletter (5,500 words) issued 19 Oct 2002

This page http://www.tuc.org.uk/workplace/tuc-5687-f0.cfm
printed 23 May 2012 at 09:24 hrs by 38.107.179.231