Day 132 - 07 Jun 95 - Page 29
1 individual outlet, it is just not possible?
2 A. McDonald's takes a considerable amount of attention (as
3 do several other national chains). They have a high
4 profile on the high street. EHOs walk pass the store every
5 day and you will find they have a high level, a high
6 inspection rate nationally compared with other food
7 premises. That is a matter of fact.
8
9 MR. JUSTICE BELL: When you say "takes a considerable amount of
10 attention", you mean attracts a considerable amount of
11 attention?
12 A. Yes, indeed.
13
14 MR. MORRIS: From the EHOs?
15 A. Yes, indeed.
16
17 Q. But if, by their own admission, McDonald's are illegally
18 not reporting something like 10, 20 per cent -- you might
19 posit it is far greater than that -- which would be
20 something between 40 or 50 RIDDOR accidents a year, and
21 that is not being picked up, is it possible that that may
22 be noticeable but formal action would not be taken, as you
23 said?
24 A. It may be so. If an individual accident is notified
25 late, for instance, EHOs will go in and follow it up. For
26 the main part, the reason that it will be under-reporting
27 is because the manager probably has not followed through
28 with somebody who is a part-time worker and does not
29 realise they would be off for three days. Even if an EHO
30 picked that up, I would not expect him to take legal
31 action. He might write and ask about the systems, because
32 they know the intention is to report and McDonald's have a
33 reputation, as the HSE say, for vigorously reporting
34 accidents.
35
36 We have already seen the notice that goes up in all
37 establishments, and that was looked at yesterday. An EHO
38 will know that the intention of company is to report. Now,
39 if you find that for whatever reason one has slipped
40 through the net, most EHOs will say the intention of the
41 company is to comply with the law and they would look on
42 that with favour.
43
44 Q. So, the fact that formal action is not taken does not mean
45 to say that illegal or unsafe situations or activities are
46 not going on?
47 A. I am sorry. You have just talked about accident
48 reporting specifically. Now, my point is that if EHOs are
49 inspecting McDonald's week in, week out, from one end of
50 the country to the other and they are not finding anything
51 serious enough in the conditions to take formal action,
52 i.e. to prosecute on, that must say something about
53 McDonald's systems.
54
55 Q. It may say something, though, about McDonald's system that
56 they get so much attention.
57
58 MR. JUSTICE BELL: That is not what I understood you to mean.
59 A. Indeed not.
60
