Day 303 - 19 Nov 96 - Page 09


     
     1        local stores, which were national in concern, and therefore
     2        that is what prompted them to seek a national investigation
     3        with McDonald's co-operation, which McDonald's agreed to.
     4
     5        On page 850 of the report under 'hours of work', 3.36, it
     6        says, "McDonald's regulated and monitored for adequate
     7        breaks between shifts, that is in their store audits, and
     8        maximum hours worked for crew, and some of the audit
     9        reports highlighted inadequate breaks", and 'some of' must
    10        be at least three or four I would have thought otherwise
    11        they would have just said one or two.  And we are talking
    12        about 19 stores visited.
    13
    14        So, we have there a substantial percentage, even under
    15        McDonald's own documentation, which highlighted inadequate
    16        breaks, which does not surprise us at all.  I would say,
    17        and I am going to come on to it in a minute, that it is
    18        likely that every store in the country has the same pattern
    19        from the very few documents at random that we have seen.
    20
    21        But while I have this HSE document I might as well finish
    22        that off.  On page 857 of that bundle of HSE reports, 4.8,
    23        it says, "Whilst McDonald's had reported the majority of
    24        RIDDOR injuries in their sector in 1989 they undoubtedly
    25        have a better level of reporting.  A recent labour survey
    26        suggests that only ten to 15 per cent of reportable
    27        injuries occurring in the services sector are reported.
    28        McDonald's will exceed this figure."  It is quite difficult
    29        to calculate because it is not absolutely clear what sector
    30        they are talking about.  As regards McDonald's sector, that
    31        may be the fast-food sector or the catering sector or the
    32        whole services sector.  There was an indication at the
    33        beginning of the pamphlet that it was the fast-food sector
    34        at the beginning of the report.
    35
    36        But if McDonald's are majority of reported injuries, and
    37        this is how I have done the calculation, and everyone can
    38        tear it apart if they want to, then bearing in mind these
    39        are only reportable injuries, not the things that Mr. Phil
    40        Pearson was more concerned about which was the much more
    41        widespread, still serious not minor unreported injuries,
    42        but if McDonald's were the majority in their sector and,
    43        say, just completely arbitrary, it does not matter what the
    44        figure is, a thousand was reported in that sector of which
    45        600 were by McDonald's.
    46
    47   MR. JUSTICE BELL:  But why do you say that?
    48
    49   MR. MORRIS:  Sorry, what?
    50
    51   MR. JUSTICE BELL:  Why do you say, 'if McDonald's were the
    52        majority'?
    53
    54   MR. MORRIS:  They are the majority, it says so absolutely
    55        crystal clear.
    56
    57   MR. JUSTICE BELL:  The majority of what?
    58
    59   MR. MORRIS:  It says here, 4.8, "Whilst McDonald's had reported
    60        the majority of RIDDOR injuries in their sector in 1989".

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