Day 130 - 26 May 95 - Page 56


     
     1   MR. MORRIS:  So it means that it is the law, is it not, to
     2        report RIDDOR reports on accidents.  It is illegal not to
     3        report them?
     4        A.  Of course  it is the law to do it.  We would love to be
     5        100 per cent at it.
     6
     7   Q.   It is illegal not to report them within a certain time a
     8        well, is it not?
     9        A.  As I said, it is a 7 day period, 3 day, and then
    10        straightaway for the major, within 24 hours.
    11
    12   Q.   Even by your own admission something over 10 per cent of
    13        all your serious accidents that come into the RIDDOR
    14        categories -- there are other serious accidents of
    15        course -- are illegally not being reported?
    16        A.  Well certainly we are not reporting them all.  As we
    17        said, we are at least five times better than the average.
    18        What is more, if we should come across one, for example, an
    19        incident report form that comes in a couple weeks after the
    20        event, and we think it is reportable, we will ring the
    21        store.  If they have not rung us, and it is reportable, we
    22        report it to the Environmental Health Officer late, even
    23        though we are risking prosecution, just by that very act,
    24        we feel it is our responsibility do that, and give the HO
    25        an explanation of why we are reporting it late.  What is
    26        more, my people report back to Operations on the number of
    27        stores that have reported late accidents, and the number of
    28        stores that have done it properly, as well, so that they
    29        can follow up in turn to try to reduce the non-reporting
    30        for the future.
    31
    32   Q.   But if other people are breaking the law, that does not
    33        mean to say that it is not a fact that you are
    34        systematically -----
    35
    36   MR. RAMPTON:  No, my Lord, I object to the word
    37        "systematically".
    38
    39   MR. JUSTICE BELL:  Miss out "systematically" because that is
    40        matter of judgment, and it sounds as if it might have a
    41        connotation it has been done on purpose, that the nerve
    42        centre of company is wanting for this it happen.
    43
    44   MR. MORRIS:  Your company is regularly breaking the law by not
    45        reporting RIDDOR accidents, and not reporting them within
    46        the time legally specified time.  That is a fact, is it
    47        not?
    48        A.  Any we do not report, yes, it is breaking law.  We will
    49        not be happy until we are reporting 100 per cent of them,
    50        though. 
    51 
    52   Q.   Just very briefly coming on to what Mr. Rampton said about 
    53        crew meetings in your examination-in-chief.  He extracted
    54        one point from the HSE report which said "Crew meetings led
    55        by a manager provide, perhaps, the best forum for promoting
    56        health and safety positively in the restaurants," i.e.
    57        McDonald's restaurants.  The best forum that was available
    58        at that time.  There was no other forum for promoting, or
    59        that was the best forum available at that time?
    60        A.  Yes, the safety circles were on pilot at the time, so

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