Risks is the TUC's weekly newsletter for safety reps and others, sponsored by Thompsons Solicitors.
A TUC warning on the dangers of allowing vaping in enclosed workspaces has
been given added weight after US authorities this week confirmed a person
had died after developing a severe respiratory disease due to the use of
electronic cigarettes. US government experts are also investigating a spate
of cases of a mystery lung disease linked to vaping. The Centers for
Disease Control and Prevention (CDC) said there were 193 ‘potential cases’
in 22 US states. The cases were reported over the course of two months
between 28 June and 20 August. CDC director Robert Redfield said: “We are
saddened to hear of the first death related to the outbreak of severe lung
disease in those who use e-cigarette or 'vaping' devices.” He added: “This
tragic death in Illinois reinforces the serious risks associated with
e-cigarette products.” Last year the TUC warned that Britain was the
world’s second biggest vape market after the US. “The TUC has always been
clear where we stand on vaping, which is that there should be no use of
e-cigarettes in workplaces where smoking is prohibited,” a TUC safety
spokesperson said. He said while e-cigarettes can play a role in smoking
cessation programmes, “they are not without health risks – and the
long-term effects of e-cigarettes on health remain unclear” (
Risks 871
). Commenting on new evidence, TUC head of safety Laurie Heselden said:
“The official US investigation into serious lung diseases linked to vaping
reinforces the TUC’s argument for workplace smoking bans to include
e-cigarettes. The latest revelations raise worrying questions and amplify
the case for precaution.”
BBC News Online
. TUC’s updated
Ensuring smoke-free workplaces
guide, including an e-cigarettes section.
Unite has repeated its call on the Scottish parliament to pass a proposed
culpable homicide law. The construction union’s statement came after the
death of a worker on a Sir Robert McAlpine site in Glasgow. The 43-year-old
worker died in a 22 August incident at the £40 million revamp of the St
Enoch Centre in Glasgow city centre. The Culpable Homicide (Scotland) bill
proposed by Claire Baker MSP would create statutory culpable homicide
criteria whereby death is caused “recklessly, or by gross negligence” (
Risks 875
). Health and Safety Executive (HSE) figures show a sharp increase in the
numbers killed at work in Scotland, up from 17 in 2017/18 to 29 in 2018/19.
Stevie Dillon, Unite regional coordinating officer, said: “Unite has
repeatedly called for greater enforcement and regulation in the
construction industry including stronger health and safety standards. In
cases like the tragic death at the St Enoch’s Centre, we demand a full
investigation and where it is shown that the incident occurred through
recklessness or negligence then directors must face the consequences of
their inaction.” He added: “It is absolutely tragic that there has been a
70 per cent increase in deaths related to workplace incidents in the last
year across all industries. Claire Baker’s Culpable Homicide (Scotland)
bill provides a clear way forward to tackle this scourge in the workplace,
and it’s an imperative that this proposed legislation becomes a priority
for the Scottish parliament.” In Australia, the state government in Western
Australia this week became the latest in the country to place industrial
manslaughter legislation proposals before parliament. A survey this month
found widespread public support across Australia for this type of law.
Industrial manslaughter laws already in place in Queensland and the
Australian Capital Territory (ACT).
Unite news release
.
GlasgowLive
.
Evening Times
.
Falkirk Herald
.
STV News
.
BBC News Online
.
Construction Enquirer
.
UnionsWA news release
.
Queensland Unions news release
.
Mining Weekly.
Scientists’ union Prospect is calling on the Scottish government to
urgently review proposals to close regional post-mortem facilities in the
country, which is says will result in the loss of key scientific, research
and analytical expertise vital for disease control. Prospect negotiator
Jane Rose, speaking on behalf of managers and specialists at Scotland’s
Rural College (SRUC), said: “The disease surveillance work undertaken by
our members at SRUC is critical to ensure that Scotland is able to react
quickly to disease outbreaks, particularly in zoonotic infections such as
swine and avian flu that carry a risk to human health. Closing regional
centres severely compromises that ability, escalates the risk of spread and
contamination and adds significantly to our carbon footprint as the
distances for transporting potentially contaminated materials will
inevitably increase." Prospect said the SRUC's proposals are the direct
result of the Scottish government's decision to slash more than £1m from
the disease surveillance budget. Rose added: “The potential loss of more
than 30 key posts across the country will have an immediate and significant
impact on Scotland’s capacity in animal disease prevention, detection,
diagnosis and containment.” A range of jobs can place workers at especially
high risk of zoonoses, animal diseases that can be transmitted to humans.
Prospect’s guide to zoonotic infections notes: “According to the Health and
Safety Executive, approximately 300,000 people in a variety of occupations
are potentially exposed. People at risk include employees in animal-related
occupations, forestry workers and engineers who may be exposed to ticks
when walking through bracken.”
Prospect news release
.
Prospect guide to zoonotic infections
.
A no deal Brexit could result in lorry driving time limits being relaxed,
leading to exhausted drivers posing a danger to other road users, Unite has
warned. The transport union is calling on the government to rule out
explicitly any relaxation or suspension of EU regulations which govern
driving time for lorry driver. It warns many professional drivers already
face unsustainable workloads. Unite national officer for road transport
Adrian Jones said: “The problems associated with a no deal Brexit will not
just be confined to Kent, it will create delays throughout the entire lorry
and logistics network in the UK. Unite will totally oppose any relaxation
in driving regulations. This would result in exhausted drivers, with
potentially lethal consequences for road users. In a sensible world the
government would rule out a disastrous no deal Brexit.” Currently HGV
drivers are restricted to driving for nine hours a day, extended to 10
hours twice a week, and a total of 56 hours driving a week. Unite says
their actual working week can be far longer when taking into account other
duties. The union says its ‘highly confidential’ survey of over 4,000 HGV
drivers last year found that fatigue and tiredness were already massive
issues for drivers (
Risks 857
). The survey found that 29 per cent of drivers had fallen asleep at the
wheel. Jones said cabinet members “Grant Shapps and or Michael Gove need to
urgently meet with Unite to explain what plans are in store for drivers and
rule out any relaxation in the driving regulations. The bottom line is that
workers have a legal right to not work if they believe they would be placed
in danger. The government must remember that when planning for a no deal.”
Unite news release
.
Unite Live
.
Unite has informed bus firm First Glasgow that it intends to ballot drivers
for industrial action to protect public safety. The union said service
changes cooked up without consultation and set to take effect in October
will result in ‘significant cuts’ in running times and recovery times for
drivers. Mick Dowds, Unite’s national convenor, stated: “Unite members are
furious that at a time when public safety is paramount and after Unite
welcomed the Speed Awareness Agreement alongside supporting other health
and safety initiatives such as ‘Destressing the Driver’, First Glasgow is
blatantly scurrying around with a new set of rosters. This will directly
impact on drivers’ wellbeing and could have a catastrophic effect on
passengers and the public.” He added: “First Group announced some time ago
that it intended to sell its passenger operations including its flagship
First Glasgow company. This latest development highlights exactly why Unite
has been calling on local authorities such as Glasgow to bring passenger
services back into public and municipal ownership. This is essential to
ensure services meet the needs of communities and those most vulnerable in
society rather than having diminished services in the chase for profit.”
Unite news release
.
The Scotsman
.
STV News
.
BBC News Online
.
A new attendance procedure at a Sainsbury’s distribution depot could leave
staff out of pocket if they are injured of get sick, their union has said.
Usdaw members at Sainsbury’s Waltham Point depot are involved in a dispute
that has already seen a series of one-day stoppages. The union is concerned
at changes to the attendance policy which it says are being implemented
unilaterally by the company. Usdaw divisional officer Nigel Scully said:
“Individuals do get ill and/or injured and need to be in a position where
they can recover without having to worry whether they will be getting paid.
The company’s changes mean that our members, including many who have given
significant years’ service, could quickly end up without any sick pay,
meaning that financial worries are likely to be added to any other issues
they are going through.” He added that industrial action was “a last resort
following many meetings where we have tried to work with the company to
find an agreement. We continue to call on the company to enter serious
negotiations and ensure that our members have adequate sick pay provisions
in line with other staff across the Sainsbury’s estate including our retail
members.”
Usdaw news release
.
Logistics Manager
.
Union reps attempting to attend a Frimley Health NHS Foundation Trust
privatisation meeting were ‘physically assaulted’ by senior managers, their
union GMB has said. The Morning Star reported that staff attended the
meeting at Wexham Park hospital, which was called by the trust to update
workers on plans to privatise more than 1,000 jobs. But GMB officers were
asked to leave the briefing by the trust’s deputy chief executive Janet
King after being told the meeting was for staff only. The GMB officers
argued they had a right to be there because of possible changes to
employment contracts, hours, terms and conditions and working practices. As
the GMB officers attempted to leave the room while speaking to people
arriving late to the meeting, they were jostled and physically pushed by
senior trust management, according to the union. In response, union members
walked out of the meeting in protest and went to speak to their union
officers outside of the meeting. GMB regional officer Gary Palmer told the
Morning Star: “I have to say in all my time attending consultation
meetings, even when the subject matter is as distasteful to the union as
this, I have never been so shabbily treated as potentially physically
assaulted for trying to represent members.” GMB regional officer Asia
Allison said: “This sort of behaviour will not stop the GMB doing what it
does best, representing and organising workers and defending NHS jobs and
services. We will continue to fight against the formation of a wholly owned
subsidiary by Frimley Health Trust and the backdoor privatisation of our
members’ jobs.”
Morning Star
.
Slough Express
.
Mental health problems including stress, depression and anxiety are the
most common reason NHS staff in England take sick days, according to latest
NHS Digital statistics. Workers took a total of 17.7 million days of sick
leave between December 2017 and November 2018, the new figures show. Of
these, almost a quarter, or 4.2 million, were taken due to stress, anxiety,
depression or other psychiatric illnesses. That was more than the next two
most common reasons combined, musculoskeletal conditions and colds.
Responding to the latest statistics, health service union UNISON said the
government must invest more money in NHS services. The union’s deputy head
of health, Helga Pile, said staff were having to contend with problems
including intolerable work pressure, bullying and intimidation and violence
from patients. “Chronic staff shortages mean NHS employees are routinely
being asked to do more with fewer resources as they desperately try to keep
the service afloat,” she said. “The government urgently needs to invest in
the NHS to cut staff shortages and reduce burnout, and workers suffering
anxiety, depression and stress must get rapid access to mental health
support services.”
NHS Sickness Absence Rates April 2019, Provisional Statistics
, NHS Digital, published 22 August 2019.
The Independent
.
The Metro
.
The Financial Conduct Authority (FCA) discriminated against an associate
lawyer who suffered severe fatigue caused by chronic kidney disease, an
employment tribunal has found. According to the reserved judgment, Mr R
Cunningham, a barrister, started working at the FCA as an associate lawyer
in 2010. In January 2017, Cunningham was diagnosed with renal problems and
by April 2017 he was suffering from ‘extreme tiredness’, according to a
note from his doctor. The FCA reduced his hours accordingly. The Law
Gazette reports that in June 2017 Cunningham commenced a period of sick
leave and did not return to the FCA until February 2018. The same month, he
attended his annual appraisal meeting where he was awarded a score of one,
meaning ‘below standards’. As a result, he did not receive a pay rise or a
bonus. The tribunal found that Cunningham’s low score resulted from poor
board reports he wrote – one of which was labelled ‘disappointing’ by a
manager– and his refusal to lead a particular case. The tribunal found that
both of the problems identified were caused by his kidney disease. It added
that Cunningham’s poor board reporting was ‘uncharacteristic’ and that he
had previously been praised for his ‘strong and clear’ drafting. It said:
“The discriminatory effect is considerable; because of his illness he
performs poorly and because he performs poorly, he does not get a pay rise,
does not get a bonus and loses the prestige of being regarded as a good
performer.” The tribunal will make a decision on any compensation at a
later hearing.
The Law Gazette
.
Personnel Today
.
Mr R Cunningham v Financial Conduct Authority
, Employment Tribunal decision, 3201141/2018, August 2019.
Volvo Group UK Limited has been fined after an employee was crushed by a
truck, leading to serious injury. Glasgow Sheriff Court heard that on 7
June 2016 an employee of the firm was testing the brakes of a low-loader
truck unit and trailer at its Cardonald depot, Glasgow. He had raised the
trailer off the ground using a pit jack. He did not apply the truck
handbrake or use any wheel chocks to prevent the vehicle rolling. Whilst
adjusting the brakes at the first axle, the truck unit rolled forward
causing the jack to slip off the axle of the trailer, roll towards him and
strike him on the body, crushing him against a set of steps in the pit and
fracturing his spine. An investigation by the Health and Safety Executive
(HSE) found that Volvo Group UK Limited had failed to provide a sufficient
number of wheel chocks for use by its employees and failed to provide
information, instruction, supervision and training to its employees in
their use. Volvo Group also failed to provide a suitable induction for the
employee in safe working practices. Volvo Group UK Limited pleaded guilty
to two criminal safety offences and was fined £13,333.33. HSE inspector
Jennie Stafford said: “Those in control of work have a responsibility to
devise safe methods of working and to provide the necessary information,
instruction and training to their workers in the safe system of working.”
She added: “If a suitable safe system of work had been in place prior to
the incident, the life-changing injuries sustained by the employee could
have been prevented.”
HSE news release
.
Last weekend’s record high Bank Holiday temperatures may be behind us – but
did your workplace have a proper, protective agreement in place before the
thermometer topped out? Excessive heat can make work unpleasant and
downright dangerous unless employers act to protect their staff. Even if
the scorching temperatures have now abated, they’ll be back and a good
employer will have an agreed policy in place to ensure staff don’t have to
suffer. The TUC’s ‘Cool it’ guide gives union reps pointers on how to
negotiate suitable protective agreements in consultation with the
workforce.
TUC workplace temperature webpages
and guide,
Cool it! A TUC guide for trade union activists on dealing with high
temperatures in the workplace
.
‘Respiratory health – a workplace issue', a TUC briefing for trade union
health and safety reps, will take place at the union body’s national HQ in
London on 27 September 2019. As well as top speakers, the event will
include presentations from the Health and Safety Executive, a union
personal injury law firm and the Trade Union Clean Air Network.
‘Respiratory health – a workplace issue', TUC briefing
, Congress House, 23-28 Great Russell Street, London WC1B 3LS, Friday 27
September 2019. Registration from 9.45am, event starts at 10.15. Lunch
provided. Free event. Registration is required: phone 020 7467 1218 or
email the
TUC
.
The UK National Work-Stress Network 2019 annual conference “will focus on
the tools and strategies needed by trade unionists to support their
members, protect themselves and get employers engaged in tackling work
stress to our make workplaces a safer place for all.” Speakers include top
campaigner Hilda Palmer, barrister and academic Professor Diana Kloss MBE
and Gail Kinman, professor in occupational health psychology at the
University of Bedford.
Work-Stress Network conference
, Hillscourt Conference Centre, Rose Hill, Rednal, Birmingham, B45 8RS,
23-24 November 2019.
Booking form
.
Workers making the rhinestones often found on high street jewellery,
fashion and decorative items are developing the deadly lung disease
silicosis, according to a new study. Researchers diagnosed 98 cases of
silicosis between the years 2006-2012 in a single crystal rhinestone
factory in Guangdong province, China. Crystal rhinestones are imitation
gemstones with quartz sand the main raw material. Workers in the rhinestone
manufacturing industry are exposed to crystalline silica dust when cutting,
grinding, polishing and buffing the artificial crystals. Inhaling
crystalline silica dust can lead to the deadly lung-scarring disease
silicosis, lung cancer and autoimmune conditions. The authors, publishing
their findings in the journal Occupational Medicine, note that the
rhinestone workers developing silicosis were on average first exposed to
silica dust at age 22 and were diagnosed at 33 years old. Most of the
workers who developed the disease were drilling holes into rhinestones.
Lead author Dr Cuiju Wen called for health screening for the workers,
adding: “The rhinestones manufacturing industry is labour intensive, most
of the activities within the factory involved in this study involve manual
work. The first step in protecting these workers is to change the
manufacturing processes to automatic methods, this will decrease the time
that workers are exposed to silica dust. Appropriate ventilation should be
installed, workers would benefit from using wet methods and they should be
provided with personal respiratory protective equipment.” Demand for
rhinestones is high and may be fuelled in part by the renewed popularity of
ballroom dancing. The company responsible for making the costumes for the
BBC’s Strictly Come Dancing programme estimates that 3.5 million
rhinestones are used per series.
C Wen and others.
Silicosis in rhinestone-manufacturing workers in South China
, Occupational Medicine, kqz107, published first online 22 August 2019.
https://doi.org/10.1093/occmed/kqz107
Factory boss William ‘Billy’ Lloyd fired two of his employees after they
cooperated with government safety inspectors, a federal jury has ruled.
Following the April court decision, US District Judge Mitchell S Goldberg
this month ordered Lloyd to pay the former workers $1,047,399 in back wages
and punitive damages. At the time they were fired by Lloyd Industries,
officials with the Occupational Safety and Health Administration (OSHA)
were investigating the company for an incident that caused parts of three
fingers of a worker to be “crunched off” by a steel-bending press. The
worker, Josh Elbode, 21, said the press was malfunctioning. Goldberg
awarded plant manager Dino Sanna $829,689. Of that amount, $400,000 was
punitive damages with the rest back wages. Hourly worker Matthew Spillane
was awarded $217,710, with $100,000 of that amount punitive damages. Sanna,
69, spoke with OSHA investigators with Lloyd’s knowledge, but was fired on
the same day that OSHA fined Lloyd Industries $822,000 for safety
violations in 2015. Spillane photographed Lloyd Industries equipment with
his mobile phone for Elbode’s workers’ compensation claim. Elbode gave the
photos to OSHA. “I didn’t want anybody else hurt on that machine,” Spillane
said. Lloyd fired him as he clocked in for his shift in November 2014.
Goldberg, in explaining his decision, said that Spillane and Sanna were
“terminated publicly in the plant and alarmingly close in time to OSHA
events.” Lloyd also has to post an anti-retaliatory notice in his
60-employee Montgomeryville factory for two months, according to Goldberg’s
order. OSHA has designated the firm as a “severe violator,” with 40 serious
injuries in the last two decades.
OSHA news release
and
Whistleblower Protection Program
.
Philadelphia Inquirer
.
Artificial Intelligence (AI) could have a major impact on workplace safety
and health, the head of US government’s occupational health research body
has said. John Howard, director of the National Institute for Occupational
Safety and Health (NIOSH, said the organisation has been at the forefront
of workplace safety and robotics, creating the Center for Occupational
Robotics Research (CORR). “AI applications in the workplace of the future
raise important issues for occupational safety and health,” he said in a
blog posting. “Maximising the potential occupational safety and health
benefits of AI applications, while minimising any potential challenges, is
critical.” Calling for input to “address the potential advantages and
challenges of this technology” and its privacy and safety implications,
Howard noted: “Occupational safety and health practitioners, researchers,
employers and workers must consider the ramifications of AI-enabled
applications in the workplace. Before AI-enabled devices or systems are
introduced into a workplace, a thorough preplacement safety and health
review of their benefits and risks should be performed.” In a separate
commentary in the American Journal of Industrial Medicine published online
this month, Howard noted AI could see “job displacement from automation and
management of human‐machine interactions,” adding: “Engaging in strategic
foresight about AI workplace applications will shift occupational research
and practice from a reactive posture to a proactive one. Understanding the
possibilities and challenges of AI for the future of work will help
mitigate the unfavourable effects of AI on worker safety, health, and
well‐being.”
NIOSH Science Blog
. John Howard.
Artificial Intelligence: Implications for the Future of Work
, American Journal of Industrial Medicine, published online ahead of print,
22 August 2019.
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