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CWU Sends Clear Message To Government At WMD 2009 Event


Dave Joyce CWU National Health and Safety Officer calls for new law on Dangerous Dogs to protect Postal Workers, Tougher Penalties for Bad Bosses and Better Rights and Protection for Union Safety Reps - London 'Workers Memorial Day' Rally Speech: 


Dave Joyce the CWU National Health and Safety Officer addressed a London Rally on 28 April to mark 'Workers Memorial Day' - a day on which all those killed, injured and made ill at work are remembered and a day on which clear messages are sent to Government and the Health and Safety Enforcing Authorities about what needs to be done to improve Health and Safety at Work. Read below Dave's speech.

"It's fitting that we mark the passing of those workers who've lost their lives at work when we gather on Workers Memorial Day - Sad that so many have died at work, sadder that they died unnecessarily and even sadder that today highlights the failure of the justice system and the safety law enforcement regime in the UK to protect workers and their families who become victims of health and safety crimes leading to so many preventable injuries and deaths at work every year.

Government continually tells us they're committed to a properly balanced criminal justice system- that protects the public and workers in the workplace - but they've been saying that for a long time now and workers are still dying, still being seriously injured and families are still waiting for justice.

 We've had the Corporate Manslaughter Act for a year now and more recently the Health and Safety Offences Act. But we're yet to see it have any effect and ironically one year on - the Government's Sentencing Guidelines Council still hasn't issued final sentencing guidance to the Courts on how to punish those found guilty. Many said the new Corporate Manslaughter Act would be a wake up call for employers and company bosses but if the shilly-shally goes on much longer they'll all be falling asleep again. And when they finally do settle on the level of fines they're going to recommend - the Sentencing Guidance to the Courts must include the effective use of the Company Directors Disqualification Act as an automatic legal sanction against Directors of companies convicted of serious health and safety and Corporate Manslaughter Offences.

 The Voluntary Code for Directors' Duties has been a Total Failure and the HSE survey showed that awareness of the voluntary code in the Communications and Transport sector where my members work is only around 25%. We had a Voluntary code for 6 years before the HSE and IOD issued the new one. It was a failure then and it's a failure now and the sooner the government accepts that Voluntary Codes are not sufficient to ensure board-level prioritisation of health and safety issues the sooner we'll have a deterrent that'll start making progress because if there's one thing we do need it's the introduction of statutory health and safety duties for directors, as recommended by the Governments own Work and Pensions select Committee.

 The government and HSE continually acknowledge the lifesaving work of Trade Union Safety Reps - Saving Lives, preventing Injury and saving society hundreds of millions of pounds each year but after a decade of asking for more rights, protection and powers to increase Safety Reps value, we ended up with new guidance and the views of over 90% of those responding to the HSE consultation document were effectively ignored. We've been told the legislative option for new Safety Reps rights remain under review - Well Now's the time to start thinking about new Safety Reps rights again because deaths and injuries to workers continue and Safety Reps can only do more if given the tools to do the job and protection from draconian, bullying employers and that's set to get worse in the current economic climate. Even more reason to make positive changes.

 There's no doubt that the current level of enforcement activity don't create a sufficient deterrent. Just weeks ago a public consultation finished on the new HSE Strategy and key to that strategy going forward is enforcement. The HSE's own internal audits reveal that Inspectors should be prosecuting three times as many cases than they actually do and there's a "serious gap" in Inspectors' implementation of HSE's enforcement policy which is scandalous - In what other area of Law are so many Criminals allowed to commit so many crimes with total impunity. The new HSE strategy must be based on more HSE time spent on active enforcement. The evidence shows that more inspections and firm enforcement prevents employers breaking the law and that leads to less injuries and fatalities.

 It's about time the Government got off the fence and reversed the House of Lords ruling on Pleural Plaques and allowed the victims of negligent exposure to asbestos at work to have their compensation rights restored.

 Communication Workers are also fed up with the betrayal of this government not only on privatising the Postal Industry but for refusing to change the Law on Dangerous Dogs - 6000 Postal Workers are attacked delivering the mail every year and we've had two Postal Workers very nearly killed by Dogs in horrific attacks. 70% of those attacks are on Private Property where the Dangerous Dogs Act doesn't apply - We asked the Government to change the Law - In Scotland they Said Yes, In Northern Ireland they said Yes and in Westminster they said NO - Well we ain't giving up our campaign because I don't want to stand here next year and tell you about a dead Postal worker killed by Dangerous Dogs.

Our Union like others has lost too many members in individual workplace accidents and disasters. Despite this, not one culpable, negligent boss, director or manager has been successfully prosecuted or held to account for their actions in relation to CWU members deaths. Just recently our biggest employer was charged and summoned for health and safety offences in connection with the horrific death of one of our members. The last time they went to court and were found guilty after a member was killed they were fined £150,000 - No directors or managers prosecuted or held to account for their actions. And around the same time the Regulator fined them £13.5 million pounds for competition offences.

It's outrageous that allowing a worker to die is less important that other business and regulatory considerations and it's outrageous that we've got a system of financial penalties imposed by the courts that are easily shrugged off and that life is only worth a certain small amount of money.

Death at work will remain a mundane part of industrial life until those exercising ultimate boardroom power know that they could be held accountable for the maladministration of safety in their company. When all those who are responsible for workers health and safety are truly held to account, there will be a significant improvement in the safety and occupational health of workers - The Longer Government backs away from those changes the longer we'll return to events like today commemorating unacceptable numbers of deaths and injuries at work.

We want formal recognition of Workers Memorial Day and proper recognition of death, illness and injury at work with effective deterrents for the Criminals that cause those deaths and injuries. Thank You."



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