RSI HAZARDS HANDBOOK - Chapter 6
Contents
Search publications
Previous chapter
Next chapter
Organising to Prevent RSI in the Workplace - What Workers Can DoThe need for trade union actionSample questionnaire for repetitive strain injuryAlthough the law places clear duties on employers to prevent RSI the number of cases continues to rise. The Tory government’s drive to deregulate whatever it can and its massive cuts in the resources available to the HSE have meant that employers are getting away with breaking the law and continuing to cripple their employees. They are well aware that they are unlikely to see an enforcing officer for several years as staffing levels are cut by around 20 per cent. The situation is set to become worse as a change in regime at the HSE is placing greater emphasis on self regulation by employers and is cutting back on preventive inspections by over a third. In future, inspectors will be using their enforcement powers less and less and concentrating on their role as providers of advice and guidance to employers. In addition, legal standards are very much minimum standards, arrived at by compromise, and trade unions have always played an important part in achieving better standards through negotiation with employers. So improvements in the workplace will continue to depend on action by employees themselves through their trade unions and safety representatives. Trade union safety representativesTrade union safety representatives can play an enormous part in securing health and safety improvements in their workplace because their role is recognised in law and they have wide ranging rights to support them. These rights are set out in the Safety Representatives and Safety Committees Regulations 1977 and include the right:
Trade union safety representatives should use these rights to ensure that their employer complies with the duty to prevent RSI. Representatives should not suffer any detrimental action by their employers as a result of their health and safety activity. What safety representatives can doInform yourselfFind out as much as you can about RSI. Use this book and any publications from your own union to help you. Other sources of information are listed at the end of the book. There is still a lot of controversy over RSI so you need to ensure that you are well informed and equipped to deal with people who argue that RSI does not exist. You could also find out whether your trade union or the local TUC or health and safety advice centre runs any courses on RSI and apply to go on one. You have a right to appropriate health and safety training. The right to appropriate health and safety training has been clearly upheld by a recent Industrial Tribunal which heard the case of Brenda Pearson, a TGWU safety representative at Park Farms pizza factory, who was prevented from attending a TUC course on RSI because her employer said the issue was irrelevant. The Tribunal disagreed with the employer and the safety representative won her case. Carry out your own surveyConduct a survey of your members to find out whether any of them have symptoms of RSI. You will need to raise their awareness of the problem first so that they understand what they are being asked. Circulate the information you have found as part of your own researches to your members and put RSI on the agenda for discussion at union meetings. Make sure that your members understand that RSI is not something only suffered by keyboard workers. Survey the jobs in your own organisation to see if there is a potential for RSI that needs to be tackled. Make sure that you include environmental factors in your list of things to check. And just as importantly, consider how work is organised and broken up and whether the managerial culture in the organisation or stress could contribute to the risk of RSI. The information in the previous chapters will help. You can use your workplace inspection rights to do this. You could devise your own survey form or use a ready made one. A short basic questionnaire about symptoms and about the job that you can use with members is included in this chapter. You could add some other questions based on information in this handbook but don’t overwhelm your members with too much detail. The important thing is to keep the form short and relevant and written in simple language that people will understand. You will need to decide whether it will be more effective to distribute the questionnaire for members to fill in themselves or whether to ask the questions orally. There are several reasons why the latter may be more appropriate. Some people may have a fear of filling in forms. Others may find it difficult to understand any technical terms. Some may find it difficult to understand because English is not their first language and you may have to get someone to translate for them. And some people may have such severe symptoms of RSI that they find it too painful to write. Some people may agree to participate only if they cannot be identified. You will have to choose whether to ask for names. Although names may be helpful in identifying who has problems they are not essential for the survey to be effective. Whatever you decide it is essential that you make it clear to participants that the information will be kept confidential to the union and will not be given to management. Only the overall results should be used to support your case. Information about identifiable individuals should never be used without their permission . Take up any problems with managementYou should discuss the results of your survey with your members and decide what to do next. If the survey shows that there are problems you will need to take these up with management, either directly or via the safety committee. You should put all your evidence together and prepare the case you wish to present.You should refer to the legal duty to remove health and safety risks and ensure that a timetable is agreed for remedying the problems promptly. Make sure that you keep your members informed throughout. Organising: two successesAt the London School of Economics UNISON representatives became concerned at reports that computer staff were suffering ill health, especially RSI, because of their work. They carried out a survey to find out the extent of the problem, including questions about members’ health, how long they spent at their VDU, whether they took breaks and how long for and also whether they had received health and safety information and training for VDU work. They found that over 70% worked more than 4 hours a day on the VDU, 50% did not take breaks, 65% had experienced health problems and 78% had not been shown the School’s training video on VDU work. The problem was identified as an organisational and management one, largely due to cuts in staffing levels, an increase in the volume of work of remaining staff, too many short deadlines, last minutism, unsympathetic management, stress and bullying. The equipment itself was adjustable and of good standard and was not perceived to be a problem although in some cases the workstation layout needed to be improved and proper training given. The representatives were able to put together a comprehensive report which they presented to management at the joint committee. The union is now pressing for a security of employment agreement so that people will have the confidence to report their symptoms and get their work situation reassessed. Following a workplace inspection at a small foundry making cast iron access covers for water mains, AEEU safety representatives were concerned at the design of a particular inspection job and identified a number of RSI risk factors for the workers involved. The job required the men to lift the covers from the conveyor with one hand, and with a brass hammer held in the other hand, strike the covers to shake off the sand residue from the casting process. They then had to examine the cover for cracks and twist and throw any rejects on to a pile of spoils behind. Each cover weighed between 10-35 kilos and they were lifted at a rate of one every 15 seconds. The repetitive hitting action, the vibration from the hammer blows and the lifting and twisting meant that no-one was able to perform the job for longer than 18 months before they suffered elbow and/or back damage. The safety representatives devised an inexpensive solution to the problem, using equipment already available within the foundry, and took their proposals to management. Management implemented the representatives’ solutions and now the task involves two conveyors, one 18 inches lower than the other, so that as the covers drop from one conveyor to the other the sand residue is shaken off and the task of striking the covers manually is virtually eliminated. Because the inspectors still use the hammers occasionally, thick rubber flooring material has also been installed to absorb most of the vibration. Sample questionnaire for repetitive strain injuryMake sure that you are consultedThe consultation rights of safety representatives were extended by the Management of Health and Safety at Work Regulations. Your employer has a duty to consult you in good time about a range of items including:
You should use these rights to ensure that you discuss with your employer any changes which could lead to an increased risk of RSI. Remember that you need to consider more than new equipment. Any changes in working hours, shifts, etc could have implications for health and safety, particularly if members are being required to work under increased pressure and with fewer breaks. Payment systems which tie earnings to excessive work rates should be avoided, even if your members find them superficially attractive as a way of increasing their take home pay. These systems present a particular risk as workers become locked into a work pace which damages them and from which there is no opportunity of recovery. Trying to get straight back into the required pace after a holiday or other break has been the cause of RSI amongst many workers. "About 15 years ago, when I was working in the North of England, I negotiated a bonus system for data entry clerks based on the number of entries, which members were really pleased with at the time as it was a very good deal in money terms. However I often think back to that agreement and wonder what happened to those women. Knowing what I do now about RSI I would never negotiate such a scheme again." (Trade union negotiator) It is also important to question any new work methods, the introduction of new management techniques etc. What are the real reasons for introducing them? What effect will they have on members’ health? We are now familiar with the effects of the scientific management theory known as Taylorism, the breaking down of jobs into short cycle, repetitive tasks, which is one of the main causes of repetitive strain injuries amongst industrial workers, but new methods which seem to be better may also have hidden dangers. This is particularly the case where methods which appear to work well in one country are introduced into British workplaces in the context of the British employers’ culture of rationalising and streamlining, ie squeezing as much work as possible from as small a workforce as possible in order to compete in world markets. So, even if you accept the theory, you need to check whether the practice matches it. For example, team working is usually described as work carried out by teams of multi-skilled individuals working as an autonomous group with responsibility for problem-solving and for finding better ways of working. The team provides a supportive environment in which the normal emphasis on status and authority is reduced and common objectives shared. In practice it can result in teams competing against each other to meet targets set by management, and also competitive rather than co-operative relationships within the team with peer pressure and group bullying of individual team members who are seen not to be keeping up or pulling their weight. The devolution of autonomy to teams can also confuse the question of who is responsible for health and safety and may lead to corners being cut. New management techniques can increase the level of stress amongst the workforce, making them more at risk from RSI. Total Quality Management (TQM) has even been described as management by stress. A discussion of new management techniques and their role in increasing levels of workplace stress is contained in the London Hazards Centre publication, Hard Labour: Stress, ill-health and hazardous employment practices. In an MSF guide to new management, published in 1994, the results of an opinion survey were reported which showed that while new management techniques promised a greater level of control over the level and pace of work, only 9 per cent felt that this had actually happened; 91 per cent felt that the control they had over their job had either stayed the same or got less. And whereas 8 per cent thought their job satisfaction had improved, 92 per cent thought it had stayed the same or got worse. At a Ford motor plant, TGWU representatives have taken action to ensure that new management techniques are not imposed without consultation. It is now accepted that health and safety is the highest priority and that no changes will be implemented until a thorough assessment has been made of any associated risks. USDAW representatives in a Midlands slaughterhouse learned that because of the BSE crisis their organisation was diversifying its work into boning out turkey thighs. The company called in the HSE to give advice and the union also became involved in discussions about the layout of the line. As a result the company installed adjustable work benches, applied proper ergonomic design to the work and introduced job rotation in order to design out RSI from the new tasks. The representatives report that so far the system appears to be working well. Negotiate a policyA good idea would be to negotiate a policy on RSI prevention with management. The provisions to aim for include:
The TUC have published a model policy on the prevention of RSI which is reproduced in the box below. As with all model policies it is not something just to be agreed and filed away but should be discussed, fully understood and adapted as a living policy. This means that if such a policy is introduced, the joint safety committee or a working group of it should monitor its implementation and effectiveness. TUC model policyAimThe aim of this agreement is to provide a healthy and safe working environment and prevent the development of RSI. The employer and the union recognise that there must be a programme of preventive action which should include the following commitments:
Risk assessmentsThe following factors which are known to cause or contribute to RSI will be taken into account, in terms of work equipment, workplaces and methods:
The risk assessment will involve union and management assessors and reports by independent competent persons, who should also assist in implementing the preventive programme. The employees concerned will be involved in the risk assessment and be provided with a copy of it. Information, education and trainingThe employer will consult with the union regarding an education programme for employees which will include:
Safety representatives will be entitled to time off with pay to attend TUC and union courses dealing with RSI. Work routineManagement and the union agree that a reasonable work rate varies with the capabilities of individual workers. The availability of rest breaks in work involving RSI risk factors is necessary to avoid the accumulation of fatigue and strain which contribute to RSI. Breaks in work involving RSI risk factors will therefore be provided on the basis of a total of 15 minutes during each hour, additional to personal health and meal breaks. NotificationA notification system will be set up as follows:
Responding to diagnosed conditionsWhen a case of RSI is medically diagnosed, management will assess necessary action on the basis of medical advice, including:
The following steps will be taken:
RedeploymentWhere the employee is redeployed the following will apply:
Monitoring and reviewRegular monitoring and annual review of this policy will be carried out by the health and safety committee and any difficulties reported to the person responsible for the implementation of the policy. The NUJ has been very active on the issue of RSI as the replacement of hot metal with computer technology in the newspaper industry during the Eighties led to a massive incidence of RSI amongst journalists. The situation was exacerbated by the number of tight deadlines that journalists had to meet. The union has set up a special RSI group, which meets regularly to monitor the situation. It has been involved in a number of negotiations with employers on procedures to deal with RSI and details of the compensation terms for journalists at the Financial Times are described in Chapter 9. An example of an NUJ agreement on RSI prevention is that reached with the Newcastle Chronicle and Journal, the main provisions of which include:
If a member comes to you with symptomsIf any of your members comes to you with symptoms of RSI it is important that you are sympathetic and that you show that you believe them. You should make sure you keep a written record of all the details in case the member wants the union to help in a future compensation claim. You should ensure that:
If your employer has introduced a system of reporting RSI symptoms you should also ensure that your member reports symptoms through the appropriate procedures. You will need to check that the employer reviews the risk assessment for the member’s work and workstation and makes any changes that would alleviate the problem. You should also investigate the possibility of alternative work for the member. In addition it may be possible to use the new Disability Discrimination Act 1995 to ensure that the employer adapts the work or workstation rather than try to dismiss the member if they are too incapacitated to do their job effectively. If the member is a computer worker it may be possible to seek advice on alternative equipment from the Computability Centre in Warwick. If it looks as if the problem could be more widespread you should try and agree a RSI prevention policy which also assures job security If there is no unionIf there is no union in your workplace there are still a number of actions that you can take if you are concerned about RSI risks. The best way to start is by talking to your workmates. You could show this book to as many of them as possible, particularly those who have been off work with possible RSI, and discuss with them the best way forward. The more of you that agree the action to take the stronger you will be. Under new legislation introduced in 1996, employers in workplaces where there are no trade union safety representatives now have a duty to consult employees about health and safety. (Their existing legal duty to consult trade union safety representatives has been described earlier in this chapter). The Health and Safety (Consultation with Employees) Regulations 1996 require employers to consult employees in good time about a range of items including:
They must consult either the employees directly or representatives of employee safety who must be elected by the employees themselves. You should ensure that you and your workmates elect your own representative of employee safety. You should choose someone that you all trust to act on your behalf and who will consult with you and keep you informed. They don’t have to be a technical expert - a concern for colleagues’ health and safety and commitment and enthusiasm are just as effective qualities. Remember that it is always preferable to have trade union safety representatives to represent you as they have the additional powers and the support of the union, its health and safety training provision, its health and safety department and its research and legal facilities behind them. So always join the union if you can. If you can’t join a union then make sure you make the most of these new consultation rights. Consultation is a two way process so don’t just wait for management to come to you. If you have something you want to discuss with them then take the initiative and raise it with them through your representative of employee safety under your consultation rights. But make sure you have prepared yourselves well beforehand. A useful method of raising your colleagues’ awareness of RSI and uncovering the extent of the problem is to do a survey. You can use the simple form included in this chapter. In fact most of the advice given to trade union safety representatives in this chapter will also be useful to non-union representatives of employee safety in tackling the issue of RSI with the employer. When you have analysed the survey, you should meet with as many of your workmates as possible to discuss the results and how to raise them with management. Make sure that management know that the employees who have come to meet them are representing all of you. And never go alone to meet management, even if you are the elected representative of employee safety. It is always advisable to have at least two of you to corroborate what was said. Put everything in writing and keep a record of everything that was done. When you go to meet management you should make it clear that you are well informed about health and safety legislation and their legal duties under it. You could suggest that they set up a working party to discuss a strategy for preventing RSI. The TUC model policy gives you some idea of the things to aim for. If management are unco-operative or obstructive, or if employees are too afraid to take things up, you should consider contacting the enforcing authority (either the HSE or the local Environmental Health Department, according to the type of workplace you are in).You can do this anonymously and the authorities should act upon such complaints. The best way of organising to prevent RSI is undoubtedly for you and your colleagues to join a trade union. Once a trade union is recognised in your workplace then all the rights enshrined in the Safety Representatives and Safety Committees Regulations, listed earlier, come into effect. If you are not sure which union to join you can contact the TUC Organisation and Services Department (see Contacts) who will put you in touch with the appropriate union for your kind of work or workplace. RSI campaignsThere has been growing activity at all levels by workers and trade unions on the issue of RSI as they recognise that it is a serious problem which is set to become much worse if they do not mobilise to secure preventive action in the workplace. At national level the TUC ran a major campaign on RSI under the banner, Don’t suffer in silence, following the identification of RSI as a priority area for action by member trade unions and its designation as a TUC Common Action Priority. The campaign involved trade union health and safety specialists, ergonomists, physiotherapists and personal injury lawyers. As part of the campaign, the TUC held conferences around the country, published a range of useful documents and teaching materials, and produced extensive campaign leaflets, bulletins, stickers, etc. The campaign was successful in raising awareness and individual trade unions have were to use it to build their own campaigns at both national and local levels. The GMB, one of the first unions to highlight RSI as an important health and safety issue, has updated its own guidance to members. USDAW, the union representing retail sector workers, whose members include many at risk groups such as supermarket checkout workers, has also produced comprehensive guidance for members which contains useful checklists throughout. Most other large unions have published advice for their members on RSI. The finance sector union BIFU has published a number of guidance documents and leaflets for its members and, in response to a motion passed at its annual conference, is running a campaign for a maximum rate of 10,000 key depressions per hour as part of its fight to prevent RSI amongst keyboard workers. It is also campaigning jointly with the Chartered Society of Physiotherapy for more resources to be made available to expand NHS physiotherapy services for RSI sufferers. Other trade union initiatives have taken place in response to the HSE’s campaign on musculoskeletal injuries, Lighten the Load, and the designated Workplace Action Week. During this period many safety representatives organised special RSI events and workplace ergonomic inspections. In some cases they were able to use the HSE-backed campaign to get their employers involved. The GMB, for example, ran a special campaign to get employers to sign up to Workplace Action Week and commit themselves to tackle these issues more effectively. The London and South East part of the TUC campaign used Workplace Action Week to run a conference emphasising how trade unions can organise and negotiate to prevent RSI and putting the case for stronger enforcement by the HSE of the Management of Health and Safety at Work Regulations and the Health and Safety (Display Screen Equipment) Regulations. They also used the campaign to help local workplace safety representatives carry out surveys and use the results to take up RSI problems with their employers. In one large organisation, using VDUs and data entry systems intensively on a 24 hour continuous shift basis, the safety representatives carried out an RSI survey of members, which had an over 90 per cent return and which revealed considerable problems. Although the response from management was extremely hostile at first, the union’s action was the trigger for management to start to take the problem more seriously and gradually to introduce improvements. Staff now have better workstations and a 15 minute break from VDU work in every hour. Management are also bringing in an ergonomics team to assess the tasks more thoroughly. And following union intervention, a proposal from management to introduce a bonus system based on achieving an extremely high target rate has been put on ice. The Hazards Campaign has also been actively involved in campaigning around RSI. There have been regular, well attended workshops on RSI at the national Hazards conferences and also at the European Work Hazards conferences, at which much useful information has been exchanged and contacts made amongst workers. Activists have also used the National Hazards Weeks to organise awareness raising events about RSI in their local areas. The Occupational Health Projects have also been active in disseminating information about RSI to GPs and sufferers. The Sheffield RSI Campaign started as a result of the concern on the part of the Sheffield Occupational Health Project and the trade union safety committee about the number of cases that they were seeing and is now an active support group meeting regularly. The Camden and Islington Occupational Health Project helped to organise an exhibition on RSI in conjunction with Camden Council during Workplace Action Week. In Birmingham, the Health and Safety Advice Centre is working with local RSI support groups and helping to provide a forum at which they can meet together to discuss problems and develop ways of focusing their campaigns more effectively and provide them with a stronger and more articulate voice. The centre is also involved in a collaborative project on RSI with a local university and trade union representatives from a large manufacturing company. Together they constructed a tailor-made questionnaire which was circulated through the factory. The results of the survey should allow the problems to be assessed, the extent of them to be ascertained and those at risk to be identified. The information will help the union representatives to tackle the problems in the workplace with their employers, help the centre provide advice to other union representatives on carrying out surveys and help the university academics in their research on RSI. The Lothian Trade Union Community Resource Centre organised a conference on RSI in Edinburgh in conjunction with the NUJ, which was well attended. It also ran the RSI workshop at a European Work Hazards Conference held in Rimini, Italy, at which delegates exchanged information and drew up a list of recommendations for action at European, national and workplace levels. In addition, the Centre provides valuable support to the Lothian RSI Support Group and has produced a very useful RSI Information Pack on their behalf. The RSI Association has grown from a small self-help group into an established national body which provides advice on a whole range of issues of concern to RSI sufferers. It is currently running a fundraising campaign for research to be carried out into the physiological causes and treatment of RSI. On a smaller scale many local support groups are organising their own campaigns around issues of diagnosis, treatment and compensation, as well as providing basic support to RSI sufferers. In London, for example, the Ealing RSI Group meets regularly to provide a forum to bring sufferers and their families together in a sympathetic environment. It has provided speakers on a range of issues affecting sufferers. Topics have included specialist physiotherapy, employment issues, social security benefits, personal injury claims, voice recognition computer systems, osteopathy, Alexander technique, disability rights and ergonomics. The London Hazards Centre provided a speaker on health and safety. The group also organises social events for sufferers and is in regular contact with another active London group, the Islington RSI Group, which meets monthly in north London. RSI Hazards Handbook Chapter 6 © London Hazards Centre, Interchange Studios, Hampstead Town Hall Centre, 213 Haverstock Hill, London NW3 4QP, UK |