Day 086 - 09 Feb 95 - Page 25
1 -- this will be the last thing we look at before the break
2 -- can you put the other one away then, it is yellow XIII,
3 tab 39?
4
5 MR. RAMPTON: My Lord, if everybody has got out the pink volume
6 XIII at the moment, it is also in that. It is in tab 52
7 starting at page 789.
8
9 THE WITNESS: Is this this "statement of facts regarding fatal
10 incident", it says at the top?
11
12 MR. RAMPTON: That is it.
13
14 THE WITNESS: "... fatal accident", sorry.
15
16 MR. JUSTICE BELL: I will use the other purely and simply
17 because I have a rotten copy and I cannot read it.
18
19 MR. RAMPTON: Maybe the copy in yellow XIII is better, I do not
20 know.
21
22 MR. JUSTICE BELL: It is, that is quite clear. (To the
23 witness): Can you read the one -----
24 A. Yes, I can read it.
25
26 Q. It does not matter which one you have.
27
28 MR. MORRIS: Which one have you got?
29 A. I have got a really nice copy.
30
31 Q. OK, let us deal with that then. If you look at the last
32 page of that?
33 A. Is that where it says "Action" halfway down?
34
35 Q. Yes. "Action". "A Prohibition Notice requiring that all
36 electrical equipment operated within the wash-up area of
37 the kitchen are protected by a Residual Current Device".
38 And an Improvement Notice served on the company "requiring
39 current frequency of annual inspections of portable
40 electrical appliance be increased from once per annum to
41 once every six months". Then there is a letter suggesting
42 additional procedures for electrical safety. But the
43 Prohibition Notice we have already dealt with and the
44 Improvement Notice -- an Improvement Notice also has some
45 statutory power, does it not? You have to comply with an
46 Improvement Notice, do you not?
47 A. No, I do not believe so. I think that we have an
48 Improvement Notice which is normally sent to us. We often
49 send a letter back, sort of, outlining why we do things a
50 certain way, and it is normally resolved one way or the
51 other.
52
53 Q. It says "requiring"; it does not say "suggesting" or
54 "proposing". It says "requiring the current frequency of
55 annual inspections of portable electrical equipment be
56 increased".
57
58 MR. JUSTICE BELL: What has happened is that he is of the
59 opinion that use of portable electrical appliances in the
60 wash-up area of the premises without the protection of the
