Day 127 - 23 May 95 - Page 33


     
     1        COMPANY WILL NOT GO TO PRISON FOR YOU'.  The financial
     2        standing of the situation will not be considered where
     3        electrical safety is concerned.  Your M & R Account is no
     4        protection."
     5
     6        What is the M & R Account?
     7        A.  That is the Maintenance and Repair Account.
     8
     9   Q.   That statement "the financial standing of the situation
    10        will not be considered where electrical safety is
    11        concerned", I am not asking you what it means, but
    12        I suppose it means that it does not matter how much it
    13        costs, you have to do it right?
    14        A.  I read it that that is what Keith is saying.
    15
    16   Q.   That is a matter for his Lordship.  But, if it does mean
    17        that, is that attitude confined simply to electrical safety
    18        in McDonald's?
    19        A.  Well, it is any risk that has a potential of being
    20        fatal or is considered high risk in terms of injury.  Part
    21        of what the law requires is to do everything that is
    22        reasonably practicable, and that is matter of balancing up
    23        the risk versus the cost of addressing that risk.
    24        Obviously, something like electrical safety, we feel that
    25        the costs outweigh -- balance up, so it is worthwhile
    26        putting the investment into it.
    27
    28   Q.   Then it goes on, Keith Smith -- perhaps in explanation of
    29        this, I do not know:
    30
    31        "Electricity kills over 30,000 plus employees.  The odds of
    32        fatal accident are high.  Please do not let one of your
    33        people be the first."
    34
    35        That must have gone, must it not, Mrs. Barnes, to the
    36        manager of the restaurant in Manchester where Mark Hopkins
    37        was electrocuted?
    38        A.  Yes, it would have gone to Judith Chapman.
    39
    40   Q.   What would a manager be expected to do with a memo like
    41        this?
    42        A.  I would expect them, certainly, to discuss it at their
    43        managers' meeting; and although Keith does not mention it
    44        to the crew at the next crew meeting, certainly, going back
    45        to my days when I was a restaurant manager, anything as
    46        important as this, I would most likely have done that.
    47        I know it is easy to say with hindsight, but it is a very
    48        important memo.
    49
    50   Q.   Tell us in just a very few sentences your understanding 
    51        (because you were not there) of how it was that 
    52        Mark Hopkins -- I should ask you this.  No doubt, you heard 
    53        about the accident when it happened?
    54        A.  Yes.  I was contacted straightaway by 'phone.
    55
    56   Q.   Did you carry out an inquiry of your own?
    57        A.  Yes, I did.
    58
    59   Q.   And, as we will see in a moment, you produced a draft
    60        report ---

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