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Risksissue no 204 - 30 April 2005 |
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Editor: Rory O'Neill of Hazards magazine. Comments to the TUC at healthandsafety@tuc.org.uk. CONTENTS
Risks is the TUC’s weekly online bulletin for safety reps and others, read each week by over 11,000 subscribers and 1,500 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. UNION NEWSBetter conditions not gimmicks cure sickness problemsOnly continued investment in Royal Mail's workforce will see further improvements in attendance levels, union CWU has said. But the union criticised as a 'gimmick' the company’s scheme which gives those with the best attendance record to chance to win cars and holiday vouchers (Risks 170). Royal Mail has announced it will be extending the scheme. The union acknowledges that sickness absenteeism fell between August and January, but CWU deputy general secretary Dave Ward said this had to be viewed in context. 'Over the last 18 months our members have benefited from pay increases of more than 18 per cent. Their working week has also been reduced from six days to five. It is only that kind of investment and improvement that will ensure absenteeism continues to fall.' He added: 'We have no problem at all with people winning cars and holiday vouchers, but giveaways are not the reason why attendance levels have improved and they are certainly not a substitute for continuing to invest in our members' overall employment package.' He questioned a Royal Mail claim that additional support for sick workers was part of its scheme. 'There have been some cases where managers have been making daily calls to our members demanding to know when they will return to work. That isn't support - it's harassment - and it will do nothing to create a positive environment that encourages good levels of attendance.' Health workers are sick of rotating shiftsHealth workers working poorly structured shift patterns can easily become dependent on caffeine to keep them awake and pills to get them to sleep, members of health service union UNISON have warned. Delegates at UNISON’s April health conference called for urgent action to tackle the stresses of working rotating shifts, alternating day and night shifts, because of the damage they can to workers’ physical and mental health and the disruption they cause to family life. Midwife Rachel Voller told the conference: 'Many thousands of NHS employees work shifts and this number is rising. People are rightly worried about the long-term damage to their health caused by fatigue and difficulties with sleeping. Theses are common problems and can lead members to become dependent on caffeine to keep them awake and pills to get them to sleep.' UNISON points to recent reports prepared for the Health and Safety Executive (HSE), that show offshore oil workers adopting the most popular shift pattern have a higher risk of heart disease and diabetes. Josephine Arendt and her team at the University of Surrey and psychologist Andrew Smith and colleagues at Cardiff University separately studied the physiological and psychological health of a group of 45 men working on offshore oil rigs. The workers on the more popular split rota of seven night shifts followed by seven day shifts 'were at increased risk of heart disease and diabetes,' Smith told New Scientist. This pattern also makes workers more tired and inattentive, increasing the chance of accidents and mistakes. 'The swing shift is the killer,' said Arendt.
Government support for Workers’ Memorial DayThe government this week voiced support for Workers’ Memorial Day, the annual 28 April event when unions commit themselves to 'remember for the dead, and fight for the living.' Secretary of State for Work Alan Johnson told Risks: 'I am pleased to offer support for the many memorial services and ceremonies that are taking place today - International Workers Memorial Day. The day is an opportunity for all of us to reflect on the many millions of people worldwide who are killed in incidents at work and by occupational illnesses such as cancer, lung, heart and asbestos related disease each year.' He added: 'In Britain last year 235 workers were killed in their workplace and several thousands more died from occupational diseases. Today is the opportunity not only to remember them but also to ensure that we do all we can to prevent workers dying as a result of their work.' Unions will be hoping this support will be translated into real improvements if Labour is returned after the election. TGWU general secretary Tony Woodley said it was 'right that we stress our determination to see new laws on corporate killing and directors' duties brought in early by a third term Labour government.' Dave Prentis, UNISON general secretary, said 'we want to stop employers getting away with murder', adding: 'This year's theme is prevention and accountability and UNISON is calling for a new law on corporate killing, higher penalties for breaches of health and safety laws, more inspectors and better rights for workplace safety reps.' Dave Joyce, national safety officer of CWU, said: 'We are calling for the government to stop its shilly-shallying and introduce new positive health and safety duties for managers and directors - as it promised five years ago! The new proposed corporate manslaughter law is but a watered-down version of the original proposals and will be a 'cop-out' if it doesn't deal with the lack of accountability for company directors after admitting that this was a major concern back in 2000.' Tens of thousands of workers attended hundreds of Workers’ Memorial Day events countrywide.
UCATT warns of Tory threat to safetyPlans by the Tories to slash 'red tape' will mean a cut in the number of inspectors in the Health and Safety Executive (HSE) and a rise in construction industry accidents and deaths, building workers have been warned. Alan Ritchie, general secretary of construction union UCATT said: 'The number of deaths on building sites remains stubbornly high. It looks like the total number of construction fatalities during the year ended March 31 2005 will be 72, approximately the same as last year.' He warned that 'the Tories say that if they form the next government they will cut red tape and one of their targets will be the Health and Safety Executive. The number of inspectors will be cut at a time when we need more, not fewer, of them. If there are fewer inspectors more building firms will be tempted to cut corners with unimaginable effect.' The union leader concluded: 'Building workers everywhere must think carefully before they cast their vote in the forthcoming general election and ensure they do not vote for a party which will give us a less safe industry with fewer inspectors, more accidents and inevitably more fatalities.' OTHER NEWS£900,000 deaths fine 'no deterrent' to oil giant ShellThe oil firm Shell has been fined £900,000 following the deaths of two workers on a North Sea platform. Sean McCue and Keith Moncrieff died in a massive gas escape on the Brent Bravo platform in September 2003 (Risks 200). Shell had admitted breaching three health and safety regulations. It is thought to be the biggest fine on a company following a North Sea accident. However, offshore union Amicus has said the fine will have little impact on a multinational such as Shell and says the role of the Health and Safety Executive (HSE) prior to the tragedy must be the subject of a probe. Graham Tran, Amicus' regional officer for offshore workers, said: A £900,000 fine represents no deterrent to a company due to announce a quarterly profit in the region of GBP2.7 billion tomorrow.' Shell’s first quarter results, released a day after the fine on 28 April, showed it made an hourly profit of £1.6 million in the first quarter of this year. The penalty is the equivalent of only minutes’ worth of the oil giant’s global revenue. Amicus says one of the charges relates to failure of the company to maintain equipment - a problem the union had reported on three Shell offshore platforms, including Brent Bravo, in March 2003. According to Amicus, an HSE report published three weeks before the deaths said there was no immediate problem. The union is now calling for an inquiry into HSE’s role. Graham Tran said: 'We believe a fatal accident inquiry should now take place so lessons can be learned and questions asked of HSE's equipment inspection protocols.'
United Biscuits fined £150,000 over worker deathFood giant United Biscuits has been fined £150,000 following the death of an employee at a Leicestershire depot. Driver Steve Tupman, 46, died in October 2002 after hitting his head on a concrete floor at the company’s Midland depot in Ashby-de-la-Zouch. Mr Tupman fell from a vehicle because of a faulty door, Leicester Crown Court had heard. United Biscuits pleaded guilty to two breaches of health safety regulations at a previous hearing. Bernard Thorogood, prosecuting, said United Biscuits had failed to deal with the faulty handle because of a 'systemic failure' in the company's vehicle checks. Services of vehicles at the depot were regularly late, the court was told. Judge Howard Morrison QC sentenced the company to £75,000 fines for both breaches and ordered it to pay £21,000 in costs. In mitigation, David Hughes, defending, said his client had spent more than £670,000 since the accident on new vehicles and improved safety measures. The company’s trading statement for 2004 shows it had total sales of £1.36 billion for the year. Its business profits for 2003 were £166.2 million. Mowlem’s 'cavalier attitude' led to deathA failure 'of monumental proportions' led to the death of a Yorkshire railway worker in Belfast three years ago, an inquest has found. Terence Lowry, 39, from Doncaster, was killed when the engineering train he was in collided with a stationary vehicle on the track. The upgrade of the Bangor line was being carried out by Mowlem Railways. Coroner David Hunter said the attitude of safety managers on the site was 'cavalier' adding he believed the operations on the site were conducted in a 'haphazard way'. Mr Lowry's widow Maria criticised the company’s health and safety procedures. 'It was all down to a lack of communication,' she said. 'Terence should still be alive today - nobody knew what they were doing. It came to light in the inquest that they were under constant pressure from Mowlem to complete their job.' The inquest jury found that a combination of poor work practices, misinformation and inadequate safety procedures led to Mr Lowry’s death. The inquest was told the brakes in Mr Lowry's cab were missing and it was being controlled by a driver in the rear cab who had no clear view of the track. Mowlem Railways has already been prosecuted and fined £75,000 at Belfast Crown Court for breaking health and safety laws. Its safety director told the inquest many of the company's procedures had been changed since the tragedy. The company says the value of the Belfast to Bangor track re-laying contract is £20 million. Property developers fined for construction site deathFour property developers responsible for one of the worst sites a Health and Safety Executive (HSE) inspector had ever seen have been fined after a worker died. HSE prosecuted Jeremy Freeman, Simon Freeman, Anne Freeman and contractor David J Mitchinson, following an investigation into the death of Jason Lesaux during the refurbishment of a Georgian mansion block in London. All four pleaded guilty and received fines totalling £100,000, plus costs of £40,000, at the Old Bailey. On 11 February 2004 Mr Lesaux, aged 37, fell from the fourth to the first floor, through a hole that had been created so that materials could be raised up through the building. No edge protection had been erected around the opening. HSE inspector Kevin Shorten, one of the investigators, said: 'This is one of the worst sites I have ever seen,' adding: 'Any property developer who ignores the law and engages a contractor who is not competent to carry out the work involved is putting themselves in a position where they can be subject to criminal prosecution. They must also know that their actions can directly contribute to somebody’s death.' In summing up, Judge Stone commented that Jeremy Freeman was advised on more than one occasion that safe measures were required and that advice was not adopted. The judge said he was driven to accept that the purpose of the inaction was to avoid trouble and expense. Speaking of David Mitchinson, Judge Stone said that he was plainly avoiding the costs necessary for the safe delivery of the project. Retrial ordered over Legionnaire’s deathsAn architect accused of the manslaughter of seven people who died in an outbreak of Legionnaires' disease is to face a retrial. Gillian Beckingham, 46, was charged with seven counts of manslaughter following the outbreak in Barrow, Cumbria, in July and August 2002. A jury last week found her guilty of breaching the Health and Safety at Work Act. The jury was subsequently discharged after failing to reach a verdict on the manslaughter charges. Alistair Webster QC, prosecuting, said at Preston Crown Court this week that the Crown Prosecution Service had decided Beckingham should face a retrial. Sentencing on the breach of the health and safety laws was adjourned until after the conclusion of the retrial, for which no date had been set. Beckingham, who was given unconditional bail, denied the unlawful killing of Richard Macauley, 88, Wendy Milburn, 56, Georgina Somerville, 54, Harriet Low, 74, Elizabeth Dixon, 80, June Miles, 56, and Christine Merewood, 55, all from Barrow. Doctors attack 'smoke ban myths'Opponents of a smoking ban are 'peddling myths' to prevent its introduction, doctors say. The British Medical Association (BMA) has published a report which it says proves why a ban would work. It counters claims a ban would infringe choice, not have public backing, damage the economy, be unenforceable and was not based on medical evidence. BMA chair James Johnson said: 'The medical profession is united in its call for a UK-wide ban on smoking in all enclosed public places and workplaces. Recent research reports that passive smoking kills 30 people each day. The true cost of delaying legislation is not financial, it is human.' He added: 'With the general election only a week away the BMA strongly urges all political parties to read this report - the case for a complete ban on smoking in all enclosed public places has never been better made.' Last autumn the government proposed a smoking ban in public places as part of its Public Health White Paper, but the plan exempted pubs where food is not served (Risks 183). The BMA report, ‘Behind the Smokescreen’, challenges the argument that a ban would cost thousands of jobs in the hospitality and brewery industries. Europe wants UK ceiling on working hours
Schools may be closed on Fridays in workload rowSchools in England could close on Friday afternoons as a result of a row over teachers' workloads, the leader of the country's headteachers has warned. Growing financial pressures are forcing many heads to consider shutting at lunchtime on the last working day of each week - giving pupils half a day off, according to David Hart, out-going general secretary of the National Association of Head Teachers (NAHT). In an interview with The Independent, Mr Hart acknowledged the move would be unpopular with parents but warned that the dispute was escalating. Under an agreement with the government aimed at reducing teacher overload and stress, from September all teachers will have a legal entitlement to spend 10 per cent of their time away from the classroom to allow for marking and preparation. However, leaders of the NAHT have pulled out of the deal - claiming their schools do not have enough money to implement it. Teaching unions NUT and NASUWT will operate a 'work to contract,' where their members walk out of the classroom for the 10 per cent of time allocated for marking and preparation. The Association of Teachers and Lecturers said it would be prepared to sanction strike action over the agreement. Addressing the NASUWT conference last month, Chris Keates, general secretary of NASUWT, said: 'Breaches of the working time regulations and excessive hours may give rise to claims of negligence in civil proceedings claiming damages for occupational stress.' NHS violence becomes an election issueAll the three main political parties have promised to tackle the rising level of violence against nurses. Speaking at the Royal College of Nursing's annual conference in Harrogate, each said there should be tough penalties against those who assault NHS staff. Health minister John Hutton said: 'We have tried to support the work of the security management service in the NHS and back people who are the victims of criminal assault. The first private prosecution of someone who assaulted an NHS worker is set to take place in Burnley next month.' Shadow health secretary Andrew Lansley said: 'There would definitely be tougher penalties. But we would have to consult over whether to make attacks against NHS staff an arrestable offence.' And Liberal Democrat health spokesperson Paul Burstow said: 'I guarantee we would bring in legislation in this area, the only thing we would consult on is the technicalities.' The March annual report from the Healthcare Commission said more than a quarter of staff had been abused or harassed by patients in the last year. A shocking 27 per cent had suffered bullying, harassment or abuse from patients or their relatives in the last year, with a further 10 per cent reporting the same kind of treatment from other staff (Risks 200). Occupational deafness is more than an industrial problemDamaging levels of workplace noise aren’t restricted to industrial workplaces, according to a safety research organisation. The Bilbao-based European Agency says workers in the service, education and entertainment sectors can also suffer noise-induced hearing loss. Agency director Hans-Horst Konkolewsky said the education sector is a hidden source of risk for workers, with many classes being housed in buildings that were built for the days when 'children sat silently, copying from a blackboard.' He added: 'A Danish study has shown that over half of schoolteachers and day care workers have to raise their voices to communicate with colleagues, much more than in many industrial trades.' The agency says it is possible to reduce noise, for example by fitting acoustic tiles on classroom ceilings, reducing class sizes or better managing staff time, such as breaks, to reduce exposure to noise. A ‘Stop that noise’ campaign, run by the European Agency, will culminate in a dedicated European Week from 24 to 28 October this year. A TUC-backed report last year revealed that speaking over background noise at work was a contributory factor to occupational voice loss in a range of white collar occupations (Risks 183). INTERNATIONALAustralia: Union body to recruit 10,000 new safety reps
Global: Work’s deadly toll is increasingFaced with a rising toll of occupational related death, injury and sickness, the International Labour Office (ILO) and the World Health Organisation (WHO) are calling for a preventive approach to safety. According to new estimates by the ILO, the number of job related accidents and illnesses, which annually claim more than two million lives, appears to be rising because of rapid industrialisation in some developing countries. What's more, a new assessment of workplace accidents and illness prepared for Workers’ Memorial Day on 28 April 'indicates that the risk of occupational disease has become by far the most prevalent danger faced by people at their jobs - accounting for 1.7 million annual work related deaths and outpacing fatal accidents by four to one.' Dr Kerstin Leitner, assistant director general for healthy environments and sustainable development at WHO, said: 'Despite significant improvements in health and safety in many parts of the world over the past several decades, the global challenge of providing for worker health and safety is ever greater today.' Dr Keitner added: 'Significant and more long lasting health gains could be achieved if greater emphasis were placed on effective policies and programmes for primary prevention.' The general secretary of the global union confederation ICFTU, Guy Ryder, said that at least 6 million people in over 100 countries participated in 28 April activities this year, reflecting the seriousness of the issue. 'It is clear that authorities and employers in several countries have adopted a passive, half-hearted attitude to the respect of workers’ health,' Ryder said. 'Workers continue to die by the millions as governments remain lax in adopting legislation or ratifying ILO instruments that could solve the problem'.
Global: European retailers imperil garment workersA global union body has questioned the effectiveness of codes of conduct in protecting workers’ health. The warning from global garment workers’ federation ITGLWF came in the wake of this month’s deadly fire at a Bangladesh factory, now known to have killed more than 100 workers (Risks 202). Neil Kearney, ITGLWF general secretary, said that irresponsible European retailers and brands are putting the lives of garment workers at risk. 'Brands and retailers are the ones driving the industry today,' he told a union conference in Spain. 'They search the world for the cheapest sources of supply, they ignore blatant labour abuses and they pay prices that bolster exploitation.' Kearney added: 'The collapse of the nine-storey building which housed the Spectrum Sweater Industries and Shahriyar Fabrics Industries is a tragic example of the appalling negligence of European retailers and brands… The most shocking allegation is that workers detected serious cracks in the building’s supporting columns in the early hours of April 11, about sixteen hours before the building caved in. When they reported the matter to management, they were told to continue production to meet an export deadline.' The union leader concluded: 'Trade union pressure is needed to force retailers seriously to implement their codes of conduct and insist on freedom of association and the right to collective bargaining in all their supplying factories.' Spain: Government to stub out workplace smokingThe Spanish government has approved a bill banning smoking from all public and private workplaces. The Cabinet approved the final draft which will now be presented to parliament, where it is expected to be approved. Once passed, the law provides for stiff fines for those who flout the clampdown. It is anticipated the legislation will take effect on the first day of next year. Researchers say that if the smoking population were reduced by even 10 per cent, deaths from cancer-related tobacco use would decline by about 5,000 per year. 'Tobacco use is one of the most serious public health problems we face and in our country is the major cause of preventable disease, disability and premature death,' deputy prime minister María Teresa Fernandez de la Vega said recently. Research has shown that prevention of exposure to passive smoking at work could be one of the most effective ways to reduce the secondhand smoke toll (Risks 194). USA: Push for criminal crackdown on worker deathsA US campaign is to press for criminal prosecution of corporations responsible for workplace deaths. The National Council for Occupational Safety and Health, a coalition of workplace safety advocates working closely with unions, says its 'stop the corporate killers' campaign will pressure local prosecutors to bring criminal homicide prosecutions against corporations that flagrantly and consistently violate safety and health laws and whose actions result in worker deaths. The campaign will also seek tougher new criminal penalties at the federal level. Group spokesperson Roger Cook said that campaign was sent into overdrive last month when 15 workers were incinerated, and more than 70 injured, following an explosion at BP's sprawling refinery in Texas City (Risks 200). He said that BP has some of the highest records of accidents, injuries and fatalities in the refinery industry, is a persistent violator of Occupational Safety and Health Administration (OSHA) regulations and industry safety guidelines, is a beneficiary of OSHA's lax penalties, could have prevented most of the accidents, and uses non-union outside contractors that often cut corners when it comes to safety and health. He said the campaign 'hopes to raise the public visibility of both corporate malfeasance and of OSHA's often pitiful response,' adding: 'We hope to take tragic cases like the BP explosion to push for a criminal law that will make it possible to send negligent managers to jail as well as advocate for District Attorneys bringing criminal charges at the local level.' Zambia: Protests after 50 die in mine blastHundreds of protesters this week disrupted a mass burial in Zambia for most of the 50 people killed in a 20 April explosion at a Chinese-owned explosives factory. The police beat back the demonstrators, while some mourners booed the Chinese delegation, press reports say. The mass burial, on a national day of mourning, was led by President Levy Mwanawasa outside the destroyed building in Zambia's copper belt. Some relatives have accused the factory's owners of flouting safety regulations at the site in Kitwe, 400km (250 miles) north of the capital Lusaka. Mr Mwanawasa urged the mourners to 'be calm and wait for the investigations.' All flags in the country flew at half-mast while entertainment activities were banned on 25 April, the day of mourning. Local officials say they believe more than 50 people were killed in the blast. The factory, which is a subsidiary of the Chinese-owned NFC Africa Mining Company, has been operating since October 2003 and has the capacity to produce 6,000 metric tons of explosives a year. China has agreed to compensate the families of those who died. RESOURCESILO-EU conference backs better labour inspectionAn ILO-EU Conference on labour inspection in Luxembourg earlier this year concluded there was a need for strong, competent and independent labour inspectorates. Some 200 worker, employer and government representatives as well as observers from international and European organisations from 75 countries and several labour ministers and vice-ministers discussed the role of the labour inspector. 'A creative and holistic labour inspection approach can put the rights of workers to decent working conditions into practice,' said ILO expert Gerd Albracht. 'The role of modern labour inspectorates is to ensure social peace by preventing accidents and illnesses at the workplace.' The conference findings are now available online.
EVENTS AND COURSESTUC courses for safety repsCOURSES FOR APRIL TO JULY 2005Midlands, North, North West, Scotland, South East, South West, Wales, Yorkshire and Humberside USEFUL LINKSVisit 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.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. |
A top European parliament committee has called time on the UK opt-out from the Europe-wide working hours ceiling. The Employment and Social Affairs committee has voted to scrap the right of individual workers under UK law to opt-out of the maximum 48 hour working week and says on-call time should count as working time in most cases. The recommendation will now go to May meeting of the full European parliament. The decision is at odds on both counts with proposals put forward by the European Commission, which recommended keeping the individual opt-out while tightening up the conditions for its application (
A top Australian union organisation has committed itself to recruit 10,000 new safety reps in just two years. The Victorian Trades Hall Council (VTHC) campaign aims to get the army of new reps in place by International Workers' Memorial Day 2007. Speaking on 28 April, VTHC president Michele O'Neil said: 'Occupational health and safety reps are the frontline in the battle against these deaths and injuries in the workplace and today we announce the start of a major campaign to recruit more frontline defenders. We know that union workplaces are safer workplaces because all the studies point to that. Unions facilitate the election of health and safety reps and regular meetings of health and safety committees, mechanisms which ensure safer workplaces.' A new law in the state of Victoria allows the election of deputy occupational health and safety reps and additional reps where they are needed. 'Every worker has the right to a safe workplace, and the election of more OHS reps will help us prevent injuries and tragic deaths,' Ms O'Neil said. In Australia, unionised workplaces are three times as likely to have a health and safety committee, and twice as likely to have undergone a management occupational health and safety audit according to a Workplace Industrial Relations Survey undertaken by the Department of Workplace Relations and Small Business.Newsletter (5,500 words) issued 29 Apr 2005
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printed 23 May 2012 at 14:51 hrs by 38.107.179.231