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

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