Day 131 - 06 Jun 95 - Page 21

     
     1
     2   Q.   All I ask you is this:  you see at the front of the
     3        document it says: "Record of accidents, dangerous
     4        occurrences".  It says:
     5
     6        "This record must be kept for available for inspection by
     7        HMS Inspector of Health and Safety.  An entry made in the
     8        record must be kept for at least three years from the date
     9        on which it was made."
    10        A.  Yes.
    11
    12   Q.   Mrs. Barnes tells us that those are legal requirements; is
    13        that right?
    14        A.  Yes.
    15
    16   Q.   The question is this:  what is the status of this book;
    17        what is the point of the law requiring companies to keep
    18        these accidents books ---
    19        A.  Well ----
    20
    Q.   -- from a health and safety point of view?
    22        A.  This, which equates to what we would have called a
    23        factory register once upon a time, means that an accident
    24        that goes in there becomes a record in case of future claim
    25        or problems arising out of the particular injury.  So,
    26        consequently, it is a safeguard, obviously, for the people
    27        involved.
    28
    29   Q.   Though it must be kept by law, there is no compulsion on
    30        the Company to make entries in it?
    31        A.  Not for minor accidents.  There is for reportable
    32        accidents, but not for minor accidents.
    33
    34   Q.   Yes, that I understand.  Then, please -- I am sorry this
    35        goes backwards and forwards -- turn towards the back, 57R.
    36        Here we see a memorandum which Mrs. Barnes has claimed as
    37        her own.
    38        A.  Yes.
    39
    40   Q.   The date is 24th February, 1992.  Again, I am not going to
         ask you to look at it.
    42
    43   MR. MORRIS:  Sorry, which one.
    44
    45   MR. JUSTICE BELL:  57R.
    46
    47   MR. RAMPTON:  It sets out a formal procedure for the
    48        investigation of notifiable accidents.
    49        A.  Yes.
    50 
    51   Q.   Have you read this document? 
    52        A.  Yes, I have. 
    53
    54   Q.   What do you make of it as an aid to health and safety
    55        within the Company?
    56        A.  It is very helpful.  What it is requiring is, if you
    57        like, a formal investigation of accidents above a set
    58        severity base; in this instance, ones that have required
    59        people to be off for three days or more.
    60