Risks: Union health and safety news - Number 1018 - 20 October 2021

Risks is the TUC's weekly newsletter for safety reps and others, sponsored by Thompsons Solicitors.

COVID NEWS
Bring back rules amid rising cases, say NHS chiefs
Ministers must protect over-stretched NHS staff
Covid mitigation to continue in Scottish schools
Wales investment in school ventilation welcomed

OTHER NEWS
Safety professionals call for menopause action
Action call on MPs accused of sexual misconduct
Deliveries rule relaxation means more driver misery
Journalists covering COP26 given union safety advice
Night Tube reopening must be ‘risk assessed’
Coop festive move ‘a step in the right direction’
CWU calls for ‘complete eradication’ of asbestos
Firm fined for labourers’ asbestos exposure
Site firm convicted after crane operator electrocuted

EVENTS
Protecting mental health in the workplace, TUC webinar, 26 October

RESOURCES
Ventilation assessment tool for workplace Covid risks

INTERNATIONAL NEWS
Australia: Screen crew at risk from deadly fatigue
Global: ITF condemns assault on inspector

 

COVID NEWS

Bring back rules amid rising cases, say NHS chiefs

Covid restrictions including working from home must immediately be reintroduced if England is to avoid “stumbling into a winter crisis,” health leaders have warned. As UK cases of Covid-19 have been rising sharply, the NHS Confederation said the UK government’s back-up strategy, or Plan B, which includes mandatory face coverings in crowded and enclosed spaces, should be implemented to protect NHS services. In the 19 October call, the confederation said many of the Plan B measures, particularly around mask-wearing and Covid-19 certification, are already common in parts of Europe. UK rates are now far higher than in most other European countries. Additional measures could include clear communications to the public that the level of risk has increased, introducing certificates for people’s Covid-19 vaccine status, and legally mandating people to wear face coverings in certain settings, in addition to considering asking people to work from home if they can, the confederation said. Matthew Taylor, chief executive of the NHS Confederation, said: “It is time for the government to enact Plan B of its strategy without delay because without preemptive action, we risk stumbling into a winter crisis. Also, health leaders need to understand what a ‘Plan C’ would entail if these measures are insufficient.” Confirmed cases of coronavirus in the UK have exceeded 40,000 for the last seven days, with 43,738 recorded on 19 October and 49,156 on 18 October. English hospitals have seen a 10 per cent increase in Covid-19 cases in the last week, with 7,749 people reported at the last count. Deaths are averaging around 120 a day but on 19 October there were 223 deaths within 28 days of a confirmed positive diagnosis. Business Secretary Kwasi Kwarteng said it was not time for Plan B and urged greater uptake of booster jabs.
NHS Confederation news release. BBC News Online. Evening Standard. The Guardian. CNBC News.
 

Ministers must protect over-stretched NHS staff

The UK government must protect staff looking after the nation’s health as waiting times hit a new record high, health service union UNISON has said. Responding to the latest NHS England figures showing the number of people waiting for hospital treatment in England is now up to 5.7 million and the waiting list is rising by about 100,000 a month, UNISON head of health Sara Gorton said: “Surging numbers awaiting treatment underline the intense pressure on the NHS and its staff. Health workers know this means months, if not years, of short staffing, overrunning shifts and worries about the quality of care they can provide.” She added: “Ministers must produce concrete plans urgently to deal with these demands and protect the staff looking after the nation’s health. That means ensuring minimum staffing numbers, enforcing proper breaks and encouraging staff to stay in their posts with fair and decent pay.” Prof Stephen Powis, the NHS national medical director, said: “There is no doubt the NHS is running hot, with the highest ever number of patients seen in A&E in September – 14 times as many Covid patients in hospital compared with the same month last year, and record 999 ambulance calls.”
NHS England news release. UNISON news release. The Guardian. Sky News.
 

Covid mitigation to continue in Scottish schools

Teaching unions have welcomed an announcement by the Scottish government that current school Covid safety mitigations are to be retained following advice from senior clinicians. The unions were responding to an announcement by education secretary Shirley-Anne Somerville urging continued vigilance to protect pupils and staff. The minister said: “In recent weeks we have seen the previous sharp decline in Covid-19 case numbers starting to level off, and that is why we have decided to adopt a cautious approach and maintain safety mitigations in school for the time-being.” EIS general secretary Larry Flanagan commented: “The EIS has argued for great caution in any easing of school mitigations, especially in light of continuing high levels of infection and the incomplete roll out of vaccinations for pupils. The priority is to keep schools open but as safe as possible, so this delay from the Scottish government, with regard to easing mitigations, is welcome and will allow, also, more time for ventilation challenges to be met ahead of winter.” Mike Corbett, the NASUWT national official for Scotland, said: “This makes the decision to exercise caution on removing any health and safety mitigations a sensible one.” The 19 October Scottish government announcement means that pupils will continue to be required to wear face coverings in secondary school classrooms as they return from the October break. Secondary-aged pupils, and staff in primary and secondary schools, will also still require face coverings in communal areas or when moving around the building. Last week education unions called for UK government action to curb rising Covid infections in schools (Risks R017).
NASUWT news release. EIS news release. Scottish government news release and guidance.
 

Wales investment in school ventilation welcomed

An announcement by the Welsh government of a £3.31m fund for ventilation in schools and colleges has been welcomed by the teaching union NEU. The union was commenting after Welsh minister for education Jeremy Miles said: “This investment for ventilation improvements, along with the rollout of CO₂ monitors, will help keep transmission rates low. However, it is still really important that we all do our bit to reduce the spread of Covid-19, and this includes regular handwashing and maintaining distance where we can.” David Evans, Wales secretary for NEU Cymru, commented: “NEU Cymru is pleased to see the minister for education has put some money towards ventilating our education settings. Everyone wants education to return to normal, but whilst the pandemic is still with us, mitigations in education settings are necessary to keep staff and students safe. This money for ventilation has long been called for by the unions and is critical to ensuring that education can remain open over the winter for as much of the time as possible.” The NEU Cymru leader added: “We look forward to learning how schools and colleges will easily access this funding. It is absolutely vital that any work needed to improve ventilation is undertaken as quickly as possible. We have produced guidance for our members about safe return to the classroom this term, which includes ventilation guidance. We note that in Scotland, the local authorities have been tasked with auditing ventilation in education settings, which seems a sensible approach. We look forward to more details from the Welsh government.” Last week unions in Wales called for action on Covid risks, saying school staff were “scared, over-worked and exhausted” (Risks 1017).
Welsh government news release. NEU news release.
 

OTHER NEWS

Safety professionals call for menopause action

Employers should develop more inclusive and supportive workplace cultures and managerial styles to help menopausal women feel comfortable discussing their symptoms and requesting support, the top UK safety professionals’ organisation has said. The call is among a series of recommendations from the Institution of Occupational Safety and Health (IOSH) in response to a UK government inquiry into menopause and the workplace. The inquiry was launched after a survey found that three in five menopausal women were negatively affected at work by their symptoms, with nearly 900,000 women in the UK leaving their jobs because of it. IOSH is calling for measures including the scrutiny of existing policies and procedures to ensure they cater for the psychosocial needs of menopausal women at work. It also wants risk assessments to consider specific risks to menopausal women and to identify any necessary ‘reasonable adjustments’. The safety body is urging employers to “follow the advice of health and safety professionals based on age – and gender – sensitive health risk assessments, including potential changes in functional capacities.” Dr Karen Michell, an occupational health specialist at IOSH, said: “Menopause can and often does have physical, mental and emotional effects on women and their ability to cope with work. Yet very few workplaces and managers are knowledgeable on how to address work-related menopause issues and the preventive role that occupational health and safety can play.” She said: “We encourage employers to approach menopause in the workplace with a more holistic view that puts the spotlight on providing effective management practices, practical support and the adoption of a workplace culture of an open nature for those experiencing symptoms rather than solely focusing on superficial initiatives, such as the development of a specific policy on menopause.” The TUC and many unions have long-established policies on addressing menopause-related issues at work.
IOSH news release. Musicians’ Union news release. PCS news release.
House of Commons Women and Equalities Committee inquiry into Menopause and the Workplace and 23 July 2021 news release.
Resources: TUC menopause at work interactive guide and Supporting working women through the menopause: guidance for union representatives. Menopause is a workplace issue guide, UNISON.
 

Action call on MPs accused of sexual misconduct

Parliamentary unions have written to the Speaker asking him to look again at barring MPs accused of sexual misconduct from the Palace of Westminster. The move comes after a string of cases involving MPs in recent years. The letter from Prospect, the FDA and MPs’ staff branches of GMB and Unite, says: “Responsibility for vetting the officers deployed to Parliament clearly lies with the Met, but — as you yourself indicated in your statement on 3 October — the question as to who we allow to cross ‘the parliamentary threshold’ is key to ensuring the security of Members and staff, which as you said, ‘has always been our number one priority’. In that context, the unions believe the time is right to revisit an issue we raised with the Commission last year and at the Women and Equalities Committee as part of its inquiry into a Gender Sensitive Parliament; the potential exclusion from the Parliamentary Estate of MPs who are the subject of investigation into allegations of sexual misconduct, or other serious misconduct that might suggest a potential risk to staff.” Garry Graham, Prospect deputy general secretary, said: “In any other workplace, if someone was under investigation for serious misconduct they would be suspended and it should be a no-brainer that some kind of equivalent neutral action exist when the person under investigation is an MP. This is not about prejudgment it is about ensuring that people feel safe in the place that they work.”
Prospect news release.
 

Deliveries rule relaxation means more driver misery

The UK government’s announcement that it intends to relax lorry driving rules to allow foreign hauliers to make more consecutive deliveries will result in more driver misery and exploitation, the union Unite has warned. Under the present ‘cabotage’ rules, foreign haulage companies from Europe can send lorry drivers to make just two deliveries before they have to leave the UK. The government intends to change this rule so that European haulage companies can require their drivers to make unlimited collections and deliveries during a two week period. Unite general secretary Sharon Graham said: “Poor pay and terrible conditions have forced UK drivers to leave the haulage industry and helped create this crisis. The government now proposes to allow overseas companies to force their drivers to stay in the UK making deliveries for two weeks without guaranteed safeguards like decent accommodation. This will do nothing to address the chronic problems we face.” The Unite leader added: “Instead of tackling low pay and poor conditions the government is instead sponsoring the exploitation of drivers and the undercutting of terms and conditions on Britain's roads.” Unite said that due to the way the driving regulations for lorry drivers are currently applied it will be entirely legal for the foreign drivers who are forced to operate in this way to spend the entire fortnight they are in the UK living in their lorry cab. Unite national officer Adrian Jones said: “This is the latest in a long line of panic measures by the government to try to cope with the lorry driver shortage. Yet again they have ignored the long–term solutions of vastly improving pay and conditions needed to resolve the shortages.” He added: “The bottom line is that unless European hauliers are prepared to invest in proper accommodation for their drivers they will be forced to live in their cabs for an entire fortnight. This will be a miserable, exhausting existence for them and once again raises safety issues for all UK road users.”
Unite news release. BBC News Online.
 

Journalists covering COP26 given union safety advice

Journalists’ union NUJ has published guidance, health and safety tips and emergency legal numbers for members covering the COP26 climate change conference in Glasgow. The union said NUJ members “need to plan accordingly and take appropriate health and safety precautions” against threats and other safety concerns. Previous large scale gatherings have attracted protesters who on some occasions have been ‘kettled’ by police, with journalists also prevented from doing their job. “The union will always stand firm for the right of bona fide newsgatherers to do their jobs without fear of threats to their well-being,” the NUJ said. “Our guidance document gives health and safety tips, advice when dealing with the police and emergency legal numbers to ensure those covering the event feel prepared, safe and supported.” It said members should always carry and be prepared to produced their NUJ press card. The union added: “Ensure you are protected by adequate insurance and conduct your own risk assessment before working. Make sure you have your NUJ membership number (not press card number) to hand if you need support from the union or Thompsons solicitors. Carry a copy of the NUJ's and Thompsons solicitors emergency phone number in case you need help.” It said: “Members can also call this number if there are difficulties with police officers, such as being kettled along with protestors.” The fortnight long event starts on 31 October.
NUJ news release and COP26 advice.
UK COP26 website. STUC supported COP26 events listing.
 

Night Tube reopening must be ‘risk assessed’

Plans to partially resume Night Tube service next month must be ‘thoroughly risk assessed’ with full union involvement, the rail union RMT has said. The union was commenting after Transport for London (TfL) announced trains will run through the night on Fridays and Saturdays on London Underground’s Central and Victoria lines from 27 November. The reopening plans were welcomed by rail unions RMT and TSSA. RMT general secretary Mick Lynch said: “No one has worked harder to ensure a safe environment for women on London Underground than the RMT. While Tube bosses have axed staff and left stations routinely unstaffed, with all of the obvious risks, we have campaigned relentlessly for the front line, physical presence of visible staff on stations and platforms.” He added: “RMT supports the reintroduction of the Night Tube but we know full well that prior to its suspension during the pandemic it was a magnet for violent, abusive and anti-social behaviour. The Mayor and his officials cannot ignore that fact. The reintroduction of the service must be thoroughly risk assessed with the involvement of our reps and it is also important that rosters are agreed which don't leave staff burnt out and exposed to intolerable pressures. We warned months ago that slashing two hundred Night Tube Train driver positions would create a staffing nightmare and LU need to start facing up to that reality.”
RMT news release. TSSA news release. The Guardian.
 

Coop festive move ‘a step in the right direction’

Retail trade union Usdaw has welcomed ‘as a step in the right direction’ the Co-op Group closing its stores earlier on Christmas Eve and operating reduced hours on Boxing Day. The company also announced that New Year’s Day and Boxing Day will be staffed by volunteers only. Usdaw national officer John Gorle responded: “Many retailers are taking a different approach to opening stores over the festive period and, following extensive discussions with the company, these changes are a step in the right direction from the Co-op.” He added: “The pandemic showed just how important shopworkers are to our society and communities, as they stepped up and kept essential services running throughout. Key workers have done so much this year and we don’t think it is too much to ask to give them the longest possible break over the festive season. Usdaw continues the campaign for stores not to trade on Boxing Day, along with New Year’s Day in Scotland.”
Usdaw news release.
 

CWU calls for ‘complete eradication’ of asbestos

The Communication Workers’ Union (CWU) has called for the ‘complete eradication’ of asbestos from buildings. The union call, in its response to a Work and Pensions select committee inquiry into the Health and Safety Executive’s approach to asbestos management, urges the UK government to require the ‘planned, phased, controlled removal of all asbestos-containing materials.’ CWU said the inquiry has been welcomed by the TUC and all UK trade unions who have adopted a policy of seeking ‘eradication’ of asbestos from all buildings through a structured removal programme. CWU health, safety and environment officer Dave Joyce said evidence points to widespread non-compliance with the Control of Asbestos Regulations 2012 and a lack of information on the full extent of how much harm the material is causing. Joyce said: “Our CWU submission to the DWP Inquiry makes it clear that asbestos is far from being yesterday’s problem and remains a present-day threat to potentially thousands of lives. We’re calling on the government to ensure that UK asbestos management standards are of the highest international standards, strengthen compliance, ensure buildings are safe and initiate a planned, phased, controlled removal of all asbestos-containing materials.”
CWU news release and DWP inquiry submission. DWP select committee on the Health and Safety Executive’s approach to asbestos management.
 

Firm fined for labourers’ asbestos exposure

Bradford firm MS Properties (Northern) Ltd has been fined for criminal safety breaches after casual labourers were exposed to asbestos when removing false ceiling tiles with a hammer during a shop conversion in Hull. Beverley Magistrates’ Court heard that the company had not commissioned a refurbishment asbestos survey prior to the work commencing. An investigation by the Health and Safety Executive (HSE) found the company employed casual labourers to remove over 1000m² of asbestos insulation board (AIB) ceiling tiles in an uncontrolled manner. The company’s director and the labourers spent approximately three to four weeks in March 2019 removing the suspended ceiling, along with the asbestos-containing ceiling tiles, to install new stud walls to divide the shop floor into separate units. The labourers, who were unskilled and untrained, were provided with a claw hammer to knock the tiles down. The asbestos-containing tile debris was then shovelled or collected into approximately 62 one tonne bags. MS Properties (Northern) Limited pleaded guilty to a criminal breach of the Asbestos Regulations 2012 and was fined £16,000 plus £3,011.87 costs. HSE inspector Trisha Elvy commented: “If the company had identified any asbestos on the site through a refurbishment asbestos survey, carried out by a competent surveyor, and had it removed by licenced asbestos removal contractors prior to the refurbishment work commencing, then MS Properties (Northern) employees would not have been exposed to asbestos.”
HSE news release.
 

Site firm convicted after crane operator electrocuted

A Bridgend company has been convicted of a criminal safety offence after a worker was electrocuted whilst operating a lorry mounted crane. Cardiff Crown Court heard how on 17 May 2016, ASL Access Scaffold Limited employee Martin Tilby, 32, was killed when the crane he was operating struck an overhead powerline as he was unloading materials in a field at Cowbridge, South Glamorgan. An investigation by the Health and Safety Executive (HSE) found that no risk assessment had been carried out in the field where the incident happened, and no control measures were put in place to prevent contact with the overhead powerlines. ASL Access Scaffold Limited was found guilty of criminal breaches of the Health and Safety at Work Act 1974 and the LOLER lifting operations regulations. The company was fined £160,000 and ordered to pay costs of £45,000. HSE inspector Damian Corbett commented: “This death was easily preventable, and the risk should have been identified. Employers should make sure they properly assess and apply effective control measures to minimise the risk from striking overhead powerlines. This death would have been preventable had an effective system for managing unloading materials been in place.”
HSE news release.
 

EVENTS

 

Protecting mental health in the workplace, TUC webinar, 26 October

Protecting the mental health of workers is an increasingly important issue for all trade union reps. Stress, anxiety and depression top the official Health and Safety Executive (HSE) list of occupational health problems in the UK. Work is a frequent and preventable cause. Join TUC's Anna Kalsi and Peter Kelly, senior psychologist at HSE, to discuss what employers should be doing to prevent work related stress and to protect the mental wellbeing of their employees.
Register. Protecting mental health in the workplace, TUC webinar, 1-2pm, Tuesday 26 October 2021.
Further information: TUC stress and work webpages. Hazards work-related stress and work-related suicide webpages.
 

RESOURCES

 

Ventilation assessment tool for workplace Covid risks

The British Occupational Hygiene Society, a scientific charity and the Chartered Society for Worker Health Protection, has developed in collaboration with the Health and Safety Executive a free online ‘Ventilation Tool’ intended to help limit the transmission of Covid-19 in workplaces. BOHS says the ‘non-technical ventilation check tool’ can provide an indication of the effectiveness of the ventilation system on reducing coronavirus transmission. “The tool can be used by employers, building users, and building owners and does not aim to replace ventilation specialists or occupational hygienists assessing risks in a workplace, especially when it comes to more complex ventilation needs,” it says. Union reps report using the tool successfully in their workplaces.
BOHS news release and free online Ventilation Tool.
 

INTERNATIONAL NEWS

 

Australia: Screen crew at risk from deadly fatigue

A screen industry culture is leading to potentially deadly levels of fatigue, a ‘Wake Up Call’ survey by the Australian media union MEAA has revealed. It found two in three workers have fallen asleep behind the wheel either driving home from work or driving to work. Asked by the union about the biggest contributing factors, workers identified a working day of more than 12 hours (85 per cent said this was very important), working back-to-back weeks of long hours for more than a month (84 per cent), and driving time of more than one hour at the beginning and end of the day (82 per cent) as the top three contributors. Screen crew were virtually unanimous (97 per cent) in agreeing that employers need to do more to prevent this happening. MEAA said its survey was launched after a young crew worker crashed his car into a power pole in the early hours of the morning as a result of falling asleep at the wheel on his way home from work. “Thankfully he walked away unharmed, but it could have been much worse,” the union said.
MEAA news release.
 

Global: ITF condemns assault on inspector

The International Transport Workers’ Federation (ITF) has condemned an incident where one of its inspectors was physically assaulted by a ship’s Master and has said it would now review the safety of all its inspectors. The assault happened onboard a vessel which was being investigated by the ITF inspector for failing to comply with safety regulations, and for apparent irregularities in crew pay and conditions. The company is a well-known European shipowner, with their vessel flagged to landlocked Luxemburg. “The ITF strongly condemns what has happened here: a physical assault against an ITF inspector who was just trying to do their job,” said ITF inspectorate coordinator Steve Trowsdale. He said details of the assault are being kept confidential as ITF explores options for pursuing the case “via legal avenues”. ITF has 134 inspectors, coordinators, and union contacts that “do outstanding work” daily defending the rights of seafarers and helping thousands of seafarers every year, he said. But he added “our inspectors are not always welcomed with open arms by a shipowner or their representative on board – particularly if they have something to hide.” The ITF has launched a review into the training and support it offers to inspectorate officials. But the ITF also gave a warning to others in the industry. “We train our inspectors to deal with aggressive people and situations on vessels, and of course we offer them support when needed,” said Trowsdale. “But when incidents like this happen, however unprecedented, we have to stop and ask whether as an organisation there’s anything more that we can do to protect our team going forward.”
ITF news release.

 

PUBLICATION

TUC Hazards at Work 6th Edition

Stock Code: HS111
Price £22 RRP £52
Also now available as an eBook
This is the Sixth edition of the TUC's best-selling guide to health and safety at work.
Used by reps, officers, employers, professionals in the field and even enforcement officers. This incredibly popular book is now even more informative at over 400 pages, an invaluable resource, which incorporates common hazards and cause of ill health at work, and how to assess and prevent them.
The book also contains HSE and other guidance, extensive checklists, case studies and web resources.
Order your copy
There are discounts on bulk orders, over 5 copies, please contact us for details.
Those on TUC approved courses can receive discount, please call for details 0207 467 1294. Or email at; publications@tuc.org.uk
 

TUC COURSES FOR SAFETY REPS

Courses for 2021

Find the latest courses at https://www.tuc.org.uk/TUCcourses