Day 128 - 24 May 95 - Page 15


     
     1        added in there was that electrical equipment must not be
     2         ---
     3
     4   MR. JUSTICE BELL:  Tampered with?
     5        A.  -- "tampered with" was the way we put it in there, and
     6        that had been introduced before the accident.  One of the
     7        things we considered was, would Robert Chapman have seen
     8        it, being he joined in 1989, left and then came back.
     9
    10   Q.   One may as well come out in the open, although
    11        Mr. Nicholson thought not to tamper with electrical
    12        equipment would mean not to do any repairing, that was not
    13        my own reaction.  When I read the draft report (for which
    14        you were responsible) there was wording there which makes
    15        it look as if that is not how you viewed it either.
    16        A.  Well, certainly at the time we wished we had made it
    17        more specific.
    18
    19   MS. STEEL:   I just wanted to ask some points about
    20        Mr. Purslow's statement.
    21
    22   MR. JUSTICE BELL:  It is yellow X.
    23
    24   MS. STEEL:   On page 256 there is a reference to something that
    25        Carol Anstey (who is a witness of ours) said in her
    26        statement where a pipe burst and there was water up to,
    27        I think, about quarter of an inch -- it might have been
    28        more; I am not sure -- over the floor of the kitchen grill
    29        area.  As Health and Safety Officer for the Company, do you
    30        think it is acceptable that work is carried on for 20
    31        minutes in conditions like that?
    32        A.  Well, not having been there, I do not really know what
    33        the exact conditions were, but I would concur with Chris
    34        that the right decision was taken.  Obviously, it would
    35        depend how the events unfolded and there are no details
    36        here.  Obviously, I would not like to say, not having been
    37        there.
    38
    39   Q.   If the situation was that there was water, quarter of an
    40        inch of water, all over the floor of the grill area,
    41        kitchen area, and workers were continuing frying burgers,
    42        whatever else it is they do in a kitchen, do you think it
    43        is acceptable for them to continue working for 20 minutes
    44        while the situation is assessed?
    45        A.  If the situation developed so it had got to that stage,
    46        I personally would have stopped work straightaway but, as
    47        I say, I do not know how it unfolded and it might not have
    48        got to that stage straightaway.
    49
    50   Q.   So if it was at that stage and management did not instruct 
    51        staff to stop work immediately, would you discipline the 
    52        management for not taking health and safety seriously? 
    53        A.  Again it would just depend on the circumstances.  It is
    54        just very difficult to say in a hypothetical situation.
    55        I would certainly expect them to react to what was best for
    56        the crew, and for the customers, as well, for that matter.
    57        Certainly there comes a time when you have no option but
    58        just to cease business and get action taken to sort out the
    59        problem and clear up the mess.
    60

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