TUC Risks 12th July reported that an official investigation has been launched into union claims that a housing association flouted rules on handling deadly asbestos.
William Whalen, an official with the construction union UCATT, presented a petition at a drama filled meeting of Carlisle City Council last week calling for Carlisle Housing Association to be wound up and its 6,140 homes handed back to the council.
He produced a lump of asbestos, safely wrapped, and brandished it at councillors. Mr Whalen said: 'This is asbestos taken from one of the houses. It was swept up with a shovel, thrown onto a flat wagon and taken to a dump. If that's not dangerous, I don't know what is.'
The union officer added: 'It shows the [lack of] care this housing association has for its employees and the people of this city.' Councillor Ray Bloxham, the environmental portfolio holder, told the meeting an investigation would be launched.
Mr Whalen failed to persuade councillors to reverse the transfer of council houses to Carlisle Housing Association that took place in 2002, after a council official said legal, financial and contractual issues would make the reversal of the housing transfer 'non feasible'. Mr Whalen said he intended to raise the issue at the autumn Labour Party conference. He said: 'I will be asking Gordon Brown to investigate this
Monday, 28 July 2008
Jail for asbestos dumpers
RISKS 21ST June 2008, reported that two men have been jailed for a £1.2 million flytipping scam which saw thousands of tonnes of hazardous waste including asbestos dumped at bogus construction sites emblazoned with mock health and safety notices.
James Kelleher, from Dagenham and Patrick Anderson, from the Irish Republic, were accused of dumping over 14,600 tonnes of waste - the equivalent of 750 lorry loads - at 15 sites in London and Essex.
Kelleher, 40, and Anderson, 51, were sentenced to 14 months and 22 months respectively, for conspiracy to unlawfully deposit controlled waste.
Mr Justice Philpott ordered the men to spend half their sentences in custody and half on licence.
For the first time, the Environment Agency employed forensic techniques used in other criminal cases - financial and handwriting analysis - to make the link between payments, lorries and people. The techniques were needed because the scam was highly sophisticated, including the use of false identities.
Kelleher and Anderson broke in to waste ground awaiting development, where they put up hoardings with fictitious company names, health and safety notices and a mobile phone number for members of the public to call if the so-called construction work bothered them. The pair wore reflective jackets, hard hats and carried surveying equipment. Behind the official-looking exterior, however, there was no construction work - just more tipping.
James Kelleher, from Dagenham and Patrick Anderson, from the Irish Republic, were accused of dumping over 14,600 tonnes of waste - the equivalent of 750 lorry loads - at 15 sites in London and Essex.
Kelleher, 40, and Anderson, 51, were sentenced to 14 months and 22 months respectively, for conspiracy to unlawfully deposit controlled waste.
Mr Justice Philpott ordered the men to spend half their sentences in custody and half on licence.
For the first time, the Environment Agency employed forensic techniques used in other criminal cases - financial and handwriting analysis - to make the link between payments, lorries and people. The techniques were needed because the scam was highly sophisticated, including the use of false identities.
Kelleher and Anderson broke in to waste ground awaiting development, where they put up hoardings with fictitious company names, health and safety notices and a mobile phone number for members of the public to call if the so-called construction work bothered them. The pair wore reflective jackets, hard hats and carried surveying equipment. Behind the official-looking exterior, however, there was no construction work - just more tipping.
RELEASE OF ASBESTOS FIBRES IN SYSTEM BUILT SCHOOLS
Asbestos in Schools, 25th June reported that twenty years ago the ILEA found slamming a door five times in a "System build" school in Wandsworth resulted in measurements of asbestos 33 times higher than the Clearance level a safety limit set by the Health and Safety Executive. Advice was given nationally but little effective action taken. In July 2006 the problem was rediscovered in many schools.
The asbestos present in such schools and the lack of action has left a 20 year legacy of exposure of children and teachers that could and should have been avoided and is embarassing to the HSE, local councils and the Government. The legacy includes many schools today with asbestos that has had twenty years and, at times, more than fifty years in which to deteriorate and so is no longer "in good condition" - a prerequisite for the safe management of asbestos.
Children are more susceptible to asbestos fibres than adults but HSE standards are set for adults so, for instance, HSE standards for reoccupation of schools after an asbestos incident is the "Clearance Level" - a level that ILEA asbestos working group say "is very dangerous for children" and the 2006 Control of Asbestos Regulations state: “........ should be taken only as a transient indication of site cleanliness .. and is not an acceptable permanent level”
The asbestos present in such schools and the lack of action has left a 20 year legacy of exposure of children and teachers that could and should have been avoided and is embarassing to the HSE, local councils and the Government. The legacy includes many schools today with asbestos that has had twenty years and, at times, more than fifty years in which to deteriorate and so is no longer "in good condition" - a prerequisite for the safe management of asbestos.
Children are more susceptible to asbestos fibres than adults but HSE standards are set for adults so, for instance, HSE standards for reoccupation of schools after an asbestos incident is the "Clearance Level" - a level that ILEA asbestos working group say "is very dangerous for children" and the 2006 Control of Asbestos Regulations state: “........ should be taken only as a transient indication of site cleanliness .. and is not an acceptable permanent level”
USA: Watchdog complicit as firms bury victims
Risks July 19th reported that the US system for measuring workplace safety is flawed and misses up to half of all workplace injuries, according to a report presented last week at a hearing on OSHA, the federal agency charged with protecting workers' safety and health.
The committee report said both employers and OSHA have incentives to report and use faulty data. The fewer injuries and illnesses an employer reports, the less likely the employer will be inspected by OSHA and the more likely it will pay lower premiums for workers' compensation.
Bob Whitmore, former chief of the OSHA recordkeeping division, is highly critical of the safety watchdog. 'I contend that the current OSHA injury and illness information is inaccurate, due in part to the wide scale underreporting by employers and OSHA's willingness to accept these falsified numbers,' he said. 'There are many reasons why OSHA would accept these numbers, but one important institutional factor has dramatically affected the agency: steady annual declines in the number of workplace injuries and illnesses make it appear that OSHA is fulfilling its mission.' OSHA has dramatically reduced its enforcement programme, instead promoting a series of voluntary approaches, including industry 'alliances' and 'voluntary protection programmes'.
The committee report said both employers and OSHA have incentives to report and use faulty data. The fewer injuries and illnesses an employer reports, the less likely the employer will be inspected by OSHA and the more likely it will pay lower premiums for workers' compensation.
Bob Whitmore, former chief of the OSHA recordkeeping division, is highly critical of the safety watchdog. 'I contend that the current OSHA injury and illness information is inaccurate, due in part to the wide scale underreporting by employers and OSHA's willingness to accept these falsified numbers,' he said. 'There are many reasons why OSHA would accept these numbers, but one important institutional factor has dramatically affected the agency: steady annual declines in the number of workplace injuries and illnesses make it appear that OSHA is fulfilling its mission.' OSHA has dramatically reduced its enforcement programme, instead promoting a series of voluntary approaches, including industry 'alliances' and 'voluntary protection programmes'.
Asbestos lorry smash shuts road
The A 127, London to Southend road was closed at Laindon for seven hours on 23rd June when a heavy goods vehicle ran into the back of another lorry, knocking a metal container holding 14 tonnes of asbestos off its trailer and shedding the contents over the road.
Top medical journal backs nano precaution
Risks 12th July reported that Lancet Oncology, one of the world's top cancer journals, has called for the precautionary principle to be used when dealing with nanotechnologies.
Responding to research this year that suggested a possible mesothelioma risk from exposure to carbon nanotubes an editorial in the July edition of the journal says until 'knowledge has caught up with the technological advances, it would be wise to invoke the Precautionary Principle to ensure health and safety measures are sufficiently rigorous to decrease the possibility of health risks to industry workers.' The editorial continues: 'These actions would prevent a repetition of the pitiful response seen in the 20th century to evidence linking asbestos with various lung diseases.
Responding to research this year that suggested a possible mesothelioma risk from exposure to carbon nanotubes an editorial in the July edition of the journal says until 'knowledge has caught up with the technological advances, it would be wise to invoke the Precautionary Principle to ensure health and safety measures are sufficiently rigorous to decrease the possibility of health risks to industry workers.' The editorial continues: 'These actions would prevent a repetition of the pitiful response seen in the 20th century to evidence linking asbestos with various lung diseases.
Asbestos Industry Gets Heavy
The Canadian Chrysotile Institute, which is largely funded by the Canadian federal and Quebec provincial governments, is attempting to to bring a libel suit against French asbestos campaigner Francois Desriaux.
This attitude towards chrysotile is in sharp contrast to official concerns about nano technology. Canada is a leading producer of chrysotile asbestos, and though it has reduced the use of the material in Canada, it is happy to export the material to emerging economies in the far east.
This attitude towards chrysotile is in sharp contrast to official concerns about nano technology. Canada is a leading producer of chrysotile asbestos, and though it has reduced the use of the material in Canada, it is happy to export the material to emerging economies in the far east.
Mesothelioma Lump Sum Payments
The Government has approved a law that will benefit mesothelioma sufferers.
A loophole existed previously which meant that benefits were only available to those who had been exposed to asbestos at work. Non occupational mesothelioma, for example when family memebrs were exposed to asbestos fibres on workers' clothing did not qualify for a lump sum payout.
Now they will be entitled to a lump sum compensation payout, in the region of £10,000 per case. The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 set out how and when a claim must be made. This is the latest in a series of measures extending asbestos compensation to differing groups.
A loophole existed previously which meant that benefits were only available to those who had been exposed to asbestos at work. Non occupational mesothelioma, for example when family memebrs were exposed to asbestos fibres on workers' clothing did not qualify for a lump sum payout.
Now they will be entitled to a lump sum compensation payout, in the region of £10,000 per case. The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 set out how and when a claim must be made. This is the latest in a series of measures extending asbestos compensation to differing groups.
Government u-turn hits disease sufferers
TUC Risks, - Hazards , 12 July 2008, reported that workers developing occupational diseases could lose out as a result of a government u-turn on retention of insurance records by employers.
The government is pressing ahead with a move to drop the requirement on firms to keep their employers' liability insurance records for 40 years - despite opposition from workplace health groups, lawyers, unions and insurers.
It has instead laid before parliament an order to revoke the record keeping requirement.
Critics argue that many occupational diseases, for example occupational cancers, may only develop decades after a worker was exposed to risks. The current requirement on firms to retain their Employers' Liability Compulsory Insurance details for 40 years was designed to ensure the insurer responsible for a payout for one of these 'long-tail' diseases - the one covering the firm at the time the negligent exposures occurred - could be identified.
Tony Whitston, chair of the Asbestos Victims Support Groups Forum UK criticised 'the government's manic determination to reduce administrative burdens on business', which he said was hurting occupational disease victims. 'Retaining insurance records costs each employer next to nothing but the burden and the cost of losing compensation is incalculable: it is not simply a question of financial compensation, but a question of justice and fairness.' He added: 'Introducing voluntary measures rather than a statutory central database for employers' liability insurance instead of the current regulation is totally unsatisfactory: there has to be a statutory requirement to retain and to record employers' liability insurance in a central register.'
The Government's approach would appear to be perverse given the raised awareness of chronic occupational diseases.
The government is pressing ahead with a move to drop the requirement on firms to keep their employers' liability insurance records for 40 years - despite opposition from workplace health groups, lawyers, unions and insurers.
It has instead laid before parliament an order to revoke the record keeping requirement.
Critics argue that many occupational diseases, for example occupational cancers, may only develop decades after a worker was exposed to risks. The current requirement on firms to retain their Employers' Liability Compulsory Insurance details for 40 years was designed to ensure the insurer responsible for a payout for one of these 'long-tail' diseases - the one covering the firm at the time the negligent exposures occurred - could be identified.
Tony Whitston, chair of the Asbestos Victims Support Groups Forum UK criticised 'the government's manic determination to reduce administrative burdens on business', which he said was hurting occupational disease victims. 'Retaining insurance records costs each employer next to nothing but the burden and the cost of losing compensation is incalculable: it is not simply a question of financial compensation, but a question of justice and fairness.' He added: 'Introducing voluntary measures rather than a statutory central database for employers' liability insurance instead of the current regulation is totally unsatisfactory: there has to be a statutory requirement to retain and to record employers' liability insurance in a central register.'
The Government's approach would appear to be perverse given the raised awareness of chronic occupational diseases.
Micro materials could pose major health risks
19th July 2008 TUC Risks reported that potential dangers were posed by the rapidly expanding number of products containing nanomaterials.
The warning comes from the Council of Canadian Academies in one of the most authoritative reports to date about the risks of engineered nanomaterials.
These materials are added to a wide range of products ranging from sunscreens to diesel fuels. The Council cautions that the tiny substances might be able to penetrate cells and interfere with biological processes.
The Council, which was asked by Health Canada and several other federal agencies to study the state of knowledge about nanomaterials and the regulatory changes needed to oversee their use, concluded that "there is inadequate data to inform quantitative risk assessments on current and emerging nanomaterials." Their small size, the report says, may allow them "to usurp traditional biological protective mechanisms" and, as a result, possibly have "enhanced toxicological effects."
Editor's Note: It is worthy of note that Canadian attitudes towards nanomaterials is markedly different from many official attitudes towards chrysotile asbestos. As a major producer and exporter of chrysotile Canada has consistently played down the risks posed by the material.
The warning comes from the Council of Canadian Academies in one of the most authoritative reports to date about the risks of engineered nanomaterials.
These materials are added to a wide range of products ranging from sunscreens to diesel fuels. The Council cautions that the tiny substances might be able to penetrate cells and interfere with biological processes.
The Council, which was asked by Health Canada and several other federal agencies to study the state of knowledge about nanomaterials and the regulatory changes needed to oversee their use, concluded that "there is inadequate data to inform quantitative risk assessments on current and emerging nanomaterials." Their small size, the report says, may allow them "to usurp traditional biological protective mechanisms" and, as a result, possibly have "enhanced toxicological effects."
Editor's Note: It is worthy of note that Canadian attitudes towards nanomaterials is markedly different from many official attitudes towards chrysotile asbestos. As a major producer and exporter of chrysotile Canada has consistently played down the risks posed by the material.
Pleural Plaques battle continues
TUC Risks 19th July 2008 reported that Construction Union, UCATT, have kept up their campaign for compensation for those with the asbestos related condition, pleural plaques.
Last October the Law Lords overturned over 20 years of common law and ruled that pleural plaques should no longer be a compensational illness and last Wednesday (July 9) the Government released a consultation document on the various options, including changing the law, setting up a scheme or doing nothing.
UCATT said it was pleased that the Government was actively considering the issue, but they were disappointed that the document says the 'Government is not minded' to overturn the Law Lords decision.
This potentially places the Government at odds with the Scottish Parliament, who have already brought forward a Bill to overturn the Law Lords judgement.
In an attempt to place further pressure on the Government to overturn the Law Lords ruling, UCATT have decided to campaign in the seats of Cabinet Ministers where there is a high level of asbestos illness. On July 18 UCATT will be targeting the seats of John Hutton and also the South Shields constituency of foreign secretary David Miliband.
Alan Ritchie, general secretary of UCATT, said: 'While I welcome that the Government is seriously examining this issue, it would be unfair and intolerable if pleural plaque victims north of the border received compensation, while those in England did not.'
Last October the Law Lords overturned over 20 years of common law and ruled that pleural plaques should no longer be a compensational illness and last Wednesday (July 9) the Government released a consultation document on the various options, including changing the law, setting up a scheme or doing nothing.
UCATT said it was pleased that the Government was actively considering the issue, but they were disappointed that the document says the 'Government is not minded' to overturn the Law Lords decision.
This potentially places the Government at odds with the Scottish Parliament, who have already brought forward a Bill to overturn the Law Lords judgement.
In an attempt to place further pressure on the Government to overturn the Law Lords ruling, UCATT have decided to campaign in the seats of Cabinet Ministers where there is a high level of asbestos illness. On July 18 UCATT will be targeting the seats of John Hutton and also the South Shields constituency of foreign secretary David Miliband.
Alan Ritchie, general secretary of UCATT, said: 'While I welcome that the Government is seriously examining this issue, it would be unfair and intolerable if pleural plaque victims north of the border received compensation, while those in England did not.'
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