ADIPS IB CONFERENCE

11 December 2012

Drayton Manor

State of the Nation and Investigation Procedure

Melvin (Flip) Sandell

HM Inspector of Health & Safety - HSE

State of the Nation

• Stats

• S&T Projects

• FESS and JRs

• NFIT 2013/14

• The future

Fairground Accidents to Workers 1996 - 2011/12p

0

20

40

60

80

100

120

140

160

Fatal injuries

Non-Fatal Major Injuries

Over 3 day injuries

Fatal injuries 1 1 0 0 0 1 0 0 2 0 2 1 1 0 0 1

Non-Fatal Major Injuries 47 44 35 46 41 42 38 26 19 23 27 23 13 23 24 15

Over 3 day injuries 117 146 80 84 86 81 62 31 49 35 37 29 36 32 40 46

1996/96

1997/98

1998/99

1999/00

2000/01

2001/02

2002/03

2003/04

2004/05

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

2011/12

p

Fairground Accidents to Members of public

0

100

200

300

400

500

600

total

total 432 429 398 470 480 304 169 100 144 123 106 96 75 144 125 235

1996/96 1997/98 1998/99 1999/00 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/112011/12

p

Science and Technology

Control systems (£100k)

• First phase ongoing – not EN Standard specificspreadsheets to determine SILwill be publicly available

• Second phase - partly dependent upon Ph. 1find tangible ways to apply this to machines and test them

• Results – projecting late 2013

Crazy frogs (£100K)

• Address ejections, cracking, collapse due to pneumatic loss and rider injury

• Work ongoing at HSL and had a machine 3 weeks ago for testing

• Projecting results and work needed by early/mid 2013

FESS and JRs

2 x JRs, one by Dr Fawcett in person, other by FESS

HSE• 10 decisions resulting from Crazy Frog SAAN• 1 (now claiming breach of Services Directive) allowed to full Review.• Denied in Feb this year but thin victory and Judge critical of HSE’s stance

vis ADIPS and FESS. Accepted HSE were not barrier to FESS trading.• Trade association rules and HSG 175 being looked at.

SKDC• Retrenched from position denying FESS access to Stamford Fair• JR therefore denied but FESS not happy and seeking review.• Likely to be denied again. Costs due to HSE and SKDC but no chance!

JRs cheap for LIP and wide leeway given. V costly in time & treasure for public body

Waiting for Dr F and FESS next salvo.

NFIT

• Not clear how much NFIT proactive work there will be next year

• Addressed District Management Team last week, speaking to parts of Senior Management Team in February

• Not seen as a priority topic

• Stats show majority of incidents this year in fixed fairgrounds/parks and LA premises – any proactive work likely to include these

• Ran two courses this year so another 35 inspectors have basic training

• Even if proactive work is allocated visits will be rare.

The future

• HSE future less insecure than it was 2 years ago

• Changes to RIDDOR & knock on

• Further reductions in FIT proactive work

• FFI

• Fairground SHAD……

An Inspector Calls

Post incident investigation:

• Why investigate?

• Who investigates?

• When do we investigate?

• What powers do we have?

• What about the Police?

• What’s the worst that can happen?

Investigation bits & pieces

• Matter has to be within jurisdiction

• Has to be work activity

• Has to be employment/self employment

• Has to meet HSE investigation criteria

• ‘Accident’ not mentioned in legislation

• Investigation will run assuming possible prosecution and defended case.

• Can be more than one ‘guilty party’

• Fee for intervention (FFI)

Work and employment

• Work – can be as employed or self employed for gain or reward

• Employer – Foreign employers/employees

• Employee – person under contract of employment

• Self employed – individual working for gain or reward

• H&S view of employment/self employed different to HMRC

First visit

• Not an emergency service

• Will generally be by appointment

• May be more than one Inspector

• May take enforcement action to secure compliance

• Will try to get as much evidence as possible

• Interviews, statements, photos, measurements, samples etc

• All have an interest in having the right people and papers etc. available

Initial details

• What happened?

• How?

• To whom?

• Where?

• When?

• Why?

• Who knows anything about it?

• Who saw it?

• Photos?

Detail that will be asked for

• Management system

• Policy statement

• Plans and procedures

• RAs/method statements

• Personnel detail

• Recruiting criteria

• Employee details

• Training records

Detail that will be asked for

• Equipment

• Training

• Maintenance details & logs if kept

• Compulsory inspection check records – LOLER, PUWER etc

• Supplier details

• Contract details

• Who is doing what and for whom

• Safety plan if any

• Instruction and information

Considerations

• Investigation looks for failure to control risk

• Will look at entire H&S management system, not just those around the incident

• Will look all the way up and down the management and control chains, not just where the money goes

• If charges are laid they will be the most appropriate, so the more wrong, the greater the potential penalty

Accident

• 14 year old girl ejected from Extreme Orbiter type ride, reported to have multiple fractures

• Meets criteria

• HSE Inspector will investigate and will almost certainly bring Specialist

• Will expect controller to be present on site, may ask for IB to be there

Questions for injured person

• What do you remember happening?

• Who was with you, on or off the ride? Witnesses?

• What information and instruction were you given?

• Did you eat, drink or take anything before you got on the ride?

• How tall are you? Were you checked before you got on?

• Did anyone physically come and check your restraint?

Questions for Controller

• Who are you and do you own machine?

• Are you self employed or an employer?

• Who was in charge of operating the machine at the time of the accident?

• Who else was working on the machine? Attendants. Training/information/height restrictions, restraint checking

• When was machine last inspected & by whom? Why them? Recommendations/DOC/Ops Manual

• Daily checks/maintenance records/recent work done?

Questions for IB/Inspector

• Are you an employer/self employed? Information, instruction and training.

• When and where were tests done and by whom? Done this before?

• What quals/competencies do they/you have for inspecting Extreme Orbiter machines?

• Who chose NDT/Electrical tester? Competence?

• Describe the process for testing this type of machine and how and what is inspected for what?

• What does functional test consist of, what is checked and how?

• Did you make any recommendations or require any work doing? How did you communicate these?

FFI• As soon as a breach is identified, FFI becomes effective. May be at start, middle or end of investigation and all is then charged.

• FFI will fall proportionately on all of those responsible for the breach/breaches

• FFI directly related to costs and all passed on at hourly rate or full cost

• All time spent investigating by all parties is chargeable. Visits/letters/ Notices/interviews/statements/Specialists/HSL etc Appeal time chargeable unless successful

• Cost fall according to evidence gathered

• Invoices bimonthly but may come in big lumps

• HSE inspector £124 p.h. HSL £1000 per scientist per day each

What next?

• Checkpoints throughout the process

• Consideration of evidence and consultation with colleagues/experts

• Further evidence gathering if necessary

• Interviews under caution if necessary

• Report written and submitted to Principal Inspector for decisions with recommendations as to further action. Evidence and public interest tests

• Decisions made and promulgated to all involved

Possible outcomes

• No breaches – NFA

• Minor problems not requiring formal enforcement action – Letter & possible follow up visit

• Minor problems requiring formal enforcement – Improvement Notice(s) & follow up visit(s)

• Serious breach of law – Prosecution of those where evidence exists

Civil law, compensation etc is not a criminal law matter and nothing to do with HSE

How to stay away from Court (or reduce penalties)

• Work for people who operate safely themselves and look after their machines

• Employ and use competent people and service providers and work them within their competencies

• Identify, assess and control risks during work. This must be dynamic

• Make sure they know what they must and must not do

• Use the right kit for the job.

• If the machine is not fit to work then don’t give it a DOC!

How to stay away from Court

• Make sure your kit works properly and has been tested and inspected. Records

• Provide staff training where necessary – climbing, WAH, COSHH etc. rescue?

• Provide correct PPE and make sure its used properly

• Keep up with current standards, advice and guidance

• Don’t assume someone else has done it!!!

Caveat Emptor

Questions?