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

COVID NEWS

HSE boss rejects call for Covid worker deaths probe
Most workers now have to pay for Covid tests
Ending free Covid tests could threaten public services
Musicians raise ‘serious concerns’ as free tests end
School staff abandoned to deal with Covid
Removing school restrictions is ‘reckless’
Care workers plunged back into ‘sick pay poverty’

OTHER NEWS
Statutory sick pay remains below the ‘survival rate’
‘Serious questions’ over Grenfell inquiry justice
Tory fire minister ‘dismantled the fire service’
Stress, fatigue, and workloads hurt energy workers
Woolwich Ferry must act now
Crime report confirms shop violence crisis
Co-op launches enhanced menopause policy
Improving work will reduce health inequalities
Train driver tragedy highlights safety concerns
Morning sickness sacking was unfair
Worker dies after fall from shipping container

INTERNATIONAL NEWS
Canada: Survey reports widespread violence at work
Global: Dying to work must end now!
Global: Overworked tugboat workers ‘reaching breaking point’
India: H&M pledges to end shopfloor sexual violence
 

COVID NEWS

 

HSE boss rejects call for Covid worker deaths probe

The Health and Safety Executive (HSE) is refusing to investigate a formal complaint from one of its own advisers alleging that healthcare workers died due to flawed guidance on personal protective equipment (PPE) against Covid-19. Byline Times says it has seen documentation supporting the claims by chartered safety consultant David Osborn, a ‘consultee member’ of HSE’s COSHH Essentials working group. Osborn’s formal complaint said the PPE guidance was “seriously flawed”. A written response from HSE’s chief executive rejected the call for an investigation.
Read the full story.
 

Most workers now have to pay for Covid tests

The UK government has confirmed that from 1 April most people have to pay for a lateral flow test in England. Free Covid tests will still be available for some groups, including NHS staff caring directly for patients, and prison and care home staff, the government has said. It is part of the government's 'living with Covid' plan, although levels of the virus are high. REACH-1 study findings published on 6 April show a Covid-19 prevalence in England during this period of 6.37 per cent – or 1-in-16 people infected. This is the highest recorded figure since the beginning of the study in May 2020.
UK Health Security Agency news release BBC News Online.
 

Ending free Covid tests could threaten public services

Vital services could face huge challenges if workers don’t continue to receive free Covid tests, UNISON has warned. The union said staff sickness will rise as untested but infected workers unwittingly spreading the virus. Police support staff, teaching assistants, social workers and cleaners are among the many jobs that would be hit, it said. There is a legal argument that in jobs were testing is required, they should be provided free: occupational medicine Prof Raymond Agius last week said any employer requiring Covid tests must under safety law provide the tests at no cost to the worker (Risks 1038).UNISON news release.
 

Musicians raise ‘serious concerns’ as free tests end

The Musicians’ Union has said it has serious concerns about how the end of free testing may affect musicians, in particular those who are clinically extremely vulnerable. The union said it wrote to the government in February to ask that free testing be retained for workers, like musicians, who are generally unable to work from home and often unable to socially distance. MU general secretary Naomi Pohl said: “The end of free community testing means most people won’t know if they have the virus and could unknowingly pass it on. It is unfair to expect musicians, many of whom will be in insecure work and on low pay, to also shoulder the cost of regular testing. The MU is urging its members to email their MPs to ask that free testing be reintroduced for workers, like musicians, who are generally unable to work from home and often unable to socially distance.
Musicians’ Union news release.
 

School staff abandoned to deal with Covid

The UK government’s decision to withdraw most Covid-specific guidance for education and childcare settings in England is leaving school staff anxious and confused, UNISON has warned. Workers worry ministers’ hands-off approach is leaving them alone to battle the virus, the union said. Schools had been expecting detailed guidance on how to cope with Covid but have only been told isolation times for under-18s who test positive will be cut from five to three days. Slashing the isolation time for pupils, with no evidence to explain the reasoning behind the change, has increased bewilderment among staff, said UNISON.
UNISON news release.
 

Removing school restrictions is ‘reckless’

The UK government’s last-minute plans to remove most pandemic counter measures in schools in England when Covid-19 cases are rapidly rising is “nothing short of reckless,” teaching union NEU has warned. Commenting on new advice sent to schools with only one day’s notice, NEU joint general secretary Dr Mary Bousted said: “Measures are being relaxed at a time when Covid-19 cases are surging in schools and colleges. This makes no sense. We have repeatedly urged the government to continue with free testing across society, including in all education settings, but these calls have been ignored.”
Read the full story.
 

Care workers plunged back into ‘sick pay poverty’

The majority of England’s 1.3 million care workers are only contractually entitled to Statutory Sick Pay (SSP) if they fall ill – one of the lowest rates in Europe. And many care workers are not entitled to any form of sick pay. Even those qualifying for SSP face ‘sick pay poverty’, it said. GMB explained that the 3 per cent SSP rise to £99.35 a week on 6 April amounts to a cut in real terms as inflation is ‘running riot’ at 8 per cent. The union warned that this would lead to higher infection rates. UNISON head of social care Gavin Edwards commented: “Ministers must immediately reinstate the infection control fund and make it mandatory for care employers to pay proper sick pay. Anything less will drive more staff out of the sector and put lives and livelihoods at risk.”
GMB news release. UNISON news release.
 

OTHER NEWS

 

Statutory sick pay remains below the ‘survival rate’

Statutory Sick Pay (SSP) rates are still set below the ‘survival rate’ despite a small increase, the TUC has said. Commenting on the 6 April rise, TUC general secretary Frances O’Grady said: “Today’s minimal increase to statutory sick pay means it is still set below survival rate. Statutory sick pay is by far the lowest in Europe. And two million of the lowest paid don’t qualify for it at all.
Read the full story.
 

‘Serious questions’ over Grenfell inquiry justice

The firefighters’ union FBU has raised questions after it was revealed the Grenfell Tower inquiry hearings is allowing just five days for questioning of national politicians. FBU general secretary Matt Wrack said: “The lack of focus on ministers raises serious questions about the inquiry’s commitment to justice for the victims of Grenfell and is what the FBU has feared all along. Individual firefighters and control staff did not put cladding on Grenfell Tower: politicians created the regulatory system that allowed it. Yet it is firefighters and control staff who have been dragged before the inquiry for weeks of evidence, with politicians getting only a single week altogether.” He also raised concerns about the unavailability of key documents which “appear to have gone missing.”
FBU news release
 

Tory fire minister ‘dismantled the fire service’

The firefighters’ union FBU has said there is evidence showing former fire minister Brandon Lewis damaged the fire and rescue service in the years preceding the June 2014 Grenfell fire disaster as part of the government’s deregulation drive. Matt Wrack, the FBU general secretary, said: “I watched for years as Brandon Lewis took an axe to the fire and rescue service. Our union warned of the destruction he was risking, yet we were ignored time and time again. He purposefully and persistently dismantled the fire and rescue service, through cuts and a privatisation agenda. In just five years, 20 per cent of firefighting posts were cut across England – that’s one in five firefighters.”
FBU news release.
 

Stress, fatigue, and workloads hurt energy workers

Workers in the energy sector are facing ‘significant pressure’ from stress, fatigue and heavy workloads, their union Prospect has warned. The union’s third Energy Workforce Survey findings are based on responses from more than 2,700 Prospect members working across the energy industry, from electricity networks to nuclear decommissioning. The survey showed most respondents believe staffing levels are too low at the company where they work, and think their own departments are not adequately staffed for safe working. And a majority of respondents described their typical daily workload as either ‘heavy’ or ‘extremely heavy’. The union said: “The survey results also call in to question the effectiveness of existing fatigue management practices. High proportions of respondents, especially in the networks, reported experience of being too fatigued to work safely in the last twelve months.”
Prospect news release.
 

Woolwich Ferry must act now  

Woolwich Ferry’s workers have suspended their industrial action and plans to hold another strike ballot in a goodwill gesture to resolve the long-running dispute, Unite has said.  The union has put forward proposals, which remain confidential, to Transport for London (TfL) bosses it hopes will kick-start ‘meaningful talks’ over the poor employment relations and safety problems that have plagued the ferry firm. Six workers, including two Unite reps, still remain ‘unfairly suspended’ from when the last bout of industrial action ended on 28 March, the union said. Unite general secretary Sharon Graham said: “Our members at Woolwich Ferry have offered up this positive initiative in order to make the space for negotiations and for the suspension of our six members, including two of our reps, to be reversed. Management at TfL and Woolwich Ferry now need to seize this opportunity for progress.” Besides the victimisation of two Unite reps, the dispute has also been about the failure to provide adequate health and safety training to new employees.
Unite news release.
 

Crime report confirms shop violence crisis

A Home Office report has found that attacks against shopworkers significantly increased during the pandemic, with workers experiencing high levels of verbal abuse, threats and violence, confirming union and industry findings. Paddy Lillis, general secretary of Usdaw, commented: “It is shocking that shopworkers suffered increased abuse from customers, with far too many experiencing threats and violence. The scale of the problem has been clearly set out in Usdaw’s annual survey, this Home Office report and the ACS annual crime report [Risks 1035]. They show that there is still much to do to make retail workplaces safer.” Lillis concluded: “Faced with such appallingly high levels of violence and abuse and so many shopworkers lacking confidence in the system providing the protection they need, the government must ensure that retail employers, police and the courts work together to make stores safe.”
Usdaw news release. Home Office report
 

Co-op launches enhanced menopause policy

A Co-op menopause support guide for all its 4,500 managers aims to help more women access menopause support in the workplace. New research from the company found that over half (52 per cent) of managers do not feel confident in supporting a colleague who is or has experienced perimenopause or menopause. Usdaw national officer John Gorle said: “Usdaw and the Co-op believe it is time we stopped dismissing the menopause as a ‘women’s issue’ and recognised that it is a workplace health concern, which can be alleviated by simple but effective adjustments to the working environment or working practices.”
Usdaw news release.
 

Improving work will reduce health inequalities

A major new review of health inequities lays out a roadmap for the role of industry in ‘levelling up’ by improving working conditions. The UCL Institute of Health Equity launched the review which proposes three ways business can improve people’s lives by reducing health inequality: ensure healthy working conditions; ensure good physical and workplace health; and provide sufficient pay and in-work bargaining.
UCL Institute of Health Equity news release and full report, The Business of Health Equity: The Marmot Review for Industry
 

Train driver tragedy highlights safety concerns

A coroner’s inquest has concluded an ‘accidental death’ verdict in an inquest following the death of a Birmingham train driver. Abdul Rasheed Rehan, a 64-year-old father of four, died instantly when he was crushed between two train carriages while working at the Tyseley Depot as an employee of West Midlands Trains on 14 December 2019. After leaving his own train cabin, the ASLEF member known to workmates as ‘Gaffer’ had been crossing the track to make his way to the taxi stop when, as he walked between two trains that appeared to be stationary but were in fact unbeknown to him in the process of being coupled, he was crushed. The jury heard evidence of how an investigation identified failings on the part of West Midlands Trains regarding the safety of drivers at the depot, as well as various other health and safety breaches. After Mr Rehan’s death, official notices were issued requiring safety improvements. Karl De-Loyde, of Thompsons Solicitors, who has represented Mr Rehan’s family throughout the legal process, said: “The investigation highlighted the lack of safety critical measures being implemented and adhered to. For this to happen in 21st century Britain is deeply worrying. It may not, sadly - given the lack of proper systems, the workload and busy nature of the depot at evenings and weekends - be surprising in retrospect, but it was a completely avoidable tragedy.” A tribute in the ASLEF journal said the colleague they knew affectionately as Gaffer was a well-loved and his death had left everyone who knew him ‘in deep shock’.
Thompsons Solicitors news release. BBC News Online.
 

Morning sickness sacking was unfair

A pregnant woman has been awarded compensation for unfair dismissal and discrimination after being fired because of her extreme morning sickness. A text from the manager to the worker said they would have to let her go because there wasn’t enough work, and she was unreliable. At tribunal, the company argued she was fired due to “a lack of work and the claimant’s alleged unreliability” regarding her timekeeping and attendance. In their decision to rule in favour of the worker, the tribunal said she was “unfairly dismissed” and “discriminated against.”
Glasgow Live.
 

Worker dies after fall from shipping container

A transport and haulage company has been fined £200,000 after a worker died as a result of a fall from the rear of a transport shipping container. Newcastle Magistrates’ Court heard that on 27 June 2018, JR Adams (Newcastle) Limited employee Keith Robson was involved in the task of unloading goods from the transport shipping container, which was on the back of a large goods road vehicle trailer at the company premises in Gateshead. The 69-year-old was inside the open topped container with the rear doors open preparing access for the overhead crane, and then the removal of the shipment of steel girders. While undertaking this work the employee fell approximately 1.5 metres from the rear of the container. An investigation by the Health and Safety Executive (HSE) found that although the company had various generic risk assessments and safe working method statements, it had not put in place the simple control measures to prevent or mitigate a fall from the rear of this container.  It also failed to carry out a suitable or sufficient risk assessment for this specific work activity. HSE inspector Paul Wilson said: “A worker died from injuries sustained in this incident. His death could have very easily been avoided had the company recognised the risk of a fall from the container when unloading the steel and put in place simple and easily available controls.”
HSE news release.
 

INTERNATIONAL NEWS

 

Canada: Survey reports widespread violence at work

Research conducted by the Canadian Labour Congress (CLC) and academics has identified a major violence and harassment problem in the country’s workplaces. Its initial report revealed 7 in 10 workers have experienced a form of harassment and violence at work, with nearly 1 in 2 workers has experienced sexual harassment and violence in the last two years. The survey found 70 per cent of workers who experienced harassment and violence had to miss work because of the negative effects and 88 per cent of affected workers were “transferred, suspended, fired, or lost a shift” due to the harassment and violence. Overall, 1-in-4 who reported the problem said it made the situation worse.
CLC news release.
 

Global: Dying to work must end now!

Work is killing 3 million workers worldwide each year, The International Trade Union Confederation (ITUC) has warned. But Sharan Burrow, general secretary of the global union body said dying to work must end now, and health and safety must be recognised as a fundamental right for all workers. “There must be no more opposition from callously indifferent employers, or recalcitrant governments. Our right to go to work and come back at the end of the day just as fit and well as we started it must be baked in” she said. She said International Workers’ Memorial Day on 28 April (Risks 1038) would be the next focus of the campaign, concluding: “Workers must have the right to refuse unsafe work, and to take part in the decisions about prevention at their workplace. They need unions to make sure those rights become reality, and – this International Workers’ Memorial Day above all others - they need you to make it all happen. If not now, then when?”
Sharan Burrow. Deadline!, Hazards magazine, number 157, 2022. ITUC International Workers’ Memorial Day news and resources webpage.
TUC 28 April resources and events webpages. Get your 28 April event on the map! Find out what is happening worldwide.
Need some background stats? Check out the damning new analysis from Hazards of soaring work-related ill-health and collapsing enforcement in the UK.
 

Global: Overworked tugboat workers ‘reaching breaking point’

A rapid deterioration of safety and conditions of employment, driven down by industry consolidation and cartel-like behaviour from the major shipping lines, has been laid bare in a new report from the global union ITF. The campaign highlights the cases of Troy Pearson and Charley Cragg, killed while towing a barge bound for a Rio Tinto power station in rough seas and strong, icy winds. They were pressured to work despite the unsafe conditions. The ITF report, ‘Stopping the Race to the Bottom’, “reveals an alarming picture about the modern state of the tug and towage industry,” said Jacques Kerkhof, ETF Towage Committee Chair. Kerkhof said the current bidding environment hadn’t taken long to flow through to lower health and safety standards, and attacks on workers’ wages and conditions. “The pressure being placed on tug and towage workers is pushing them to breaking point. The risks are high, to human life, to the environment and to the functioning of our global supply chains” said Kerkhof.
ITF news release and Stopping the Race to the Bottom.
 

India: H&M pledges to end shopfloor sexual violence

Global fashion retailer H&M has signed a legally binding agreement to end sexual violence and harassment against women workers at one of its largest Indian suppliers, following the murder of a young garment worker by her supervisor last year. In January 2021, Jeyasre Kathiravel, a 20-year-old woman, was found dead on farmland near her family home after finishing a shift at a factory making clothes for H&M in Kaithian Kottai. Her supervisor reportedly confessed to her murder and is awaiting trial. An independent investigation last year by the Worker Rights Consortium (WRC), which has not yet been made public, heard testimony from other female workers of widespread gender-based violence, prompting H&M and Eastman Exports to begin talks with the Tamil Nadu Textile and Common Labour Union (TTCU), as well as regional and international labour rights groups. The resulting legally binding agreement requires all workers, supervisors and executives to undergo gender-based violence training and has provision for the TTCU to recruit and train female workers as “shopfloor monitors” who will ensure women are protected from verbal harassment and sexual intimidation.
The Hindu. The Guardian. Worker Rights Consortium.
 

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
 

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