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
