Day 131 - 06 Jun 95 - Page 78


     
     1   MR. JUSTICE BELL:  But what, in fact, Mr. Purslow is doing is
     2        fair enough in a sense.  He cannot ask you a question, but
     3        he can invite you to put to him what you suggest should be
     4        there so that he can comment on that.  I see, for instance,
     5        when we get to filtering, we have got "All Protective
     6        Equipment Worn" that is under (12), and the same applies to
     7        grill cleaning?
     8        A.  Indeed.
     9
    10   Q.   Is there actually a heading which would cover cooking?
    11        A.  The point is that there is nothing that you would look
    12        for.  We know a hot surface would burn.  I do not see what
    13        more one would expect from this type of document, this type
    14        of audit.
    15
    16   MR. RAMPTON:  My Lord, I do believe that Mr. Purslow's question
    17        of Mr. Morris was not a question really.  Mr. Purslow is
    18        entitled to know what it is that Mr. Morris is defecting
    19        about this document.
    20
    21   MR. JUSTICE BELL:  That is why I interpreted a little way, but I
    22        only interrupted because Mr. Purslow went on to say:  "You
    23        have not answered my question".  That is a
    24        comment ---
    25
    26   THE WITNESS:  I do apologise.
    27
    28   MR. JUSTICE BELL:  -- which, no doubt, was meant in the right
    29        spirit but he is not actually entitled to make.
    30
    31   THE WITNESS:  Please accept my apologies.
    32
    33   MR. RAMPTON:  Mr. Morris has to put a positive case.
    34
    35   MR. JUSTICE BELL:  Just stop for a moment.  What I invite you to
    36        do is put to Mr. Purslow what you say the gap in the safety
    37        audit is, what should be there which is not there, by
    38        giving him a hard and fast example.  If you want to think
    39        about it and put it in the morning, I will certainly give
    40        you the opportunity to do that, looking at the clock,
    41        Mr. Morris.  Put it now or carry on with your questioning
    42        in your own way, if you want to; if you want to think about
    43        it and put it in the morning, please do so.
    44
    45   MR. MORRIS:  I cannot see any section related to working on the
    46        grills or the vats which is, presumably, where most of the
    47        burns happen.
    48        A.  Because that would be covered by an OCL.
    49
    50   Q.   A lot of things would be covered by OCL, but the point is 
    51        you are saying the Company is concerned to check that 
    52        stores, as a whole, are taking safety seriously? 
    53        A.  Indeed.
    54
    55   Q.   And that burns are a substantial and significant area of
    56        concern and yet the Company does not seem to focus on that
    57        as an issue?
    58        A.  Well, there is no way that you would in an audit of
    59        this type.  You would look to see if the floor is slippery
    60        in front of the grill.  But what are you going to say, that

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