Day 086 - 09 Feb 95 - Page 26


     
     1        named device involves a risk of serious personal injury.
     2        The portable electrical appliances used in the wash up area
     3        of the premises obviously do not have such devices at that
     4        time.  Therefore, he has said that portable electrical
     5        appliances without the device shall not be used after
     6        20th November which gives just over a week for McDonald's
     7        to fit devices to any such portable equipment which they
     8        wish to continue to use in the wash-up area.
     9        A.  Yes, I think so.
    10
    11   Q.   Provided they fit the devices in by 20th, they can carry on
    12        using portable electrical devices in the wash-up area.
    13        They can use the ones they are using at the moment for the
    14        next eight days and by that time they will have devices
    15        fitted and they can carry on using ones with devices, which
    16        might be thought to be very sensible matching safety with
    17        the practicalities of McDonald's carry on its business?
    18        A.  Yes.
    19
    20   MR. MORRIS:  It did say in that document we had before that not
    21        having those devices was in contravention of Regulation 60
    22        of the Electricity at Work Regulations 1989, which you
    23        agreed with.  But the Improvement Notice is what I am
    24        concerned with.  An Improvement Notice, does it have the
    25        similar weight, well, a Prohibition Notice, obviously, is
    26        prohibiting something.  If you want someone to increase
    27        their inspections of certain appliances, you cannot serve a
    28        Prohibition Notice but you could serve an Improvement
    29        Notice.  So, it seems to me -- am I right or am I wrong;
    30        you are an expert on health and safety ---
    31        A.  Thanks you.
    32
    33   Q.   -- that is your job anyway -- a Prohibition Notice and an
    34        Improvement Notice are almost, you know, two aspects of the
    35        same power that a local authority may have; is that
    36        correct?
    37        A.  Well, my expert opinion on that, if you like, is that a
    38        Prohibition Notice, there is no argument whatsoever with
    39        that.
    40
    41   MR. JUSTICE BELL:  No, you are in breach of the regulations and
    42        you have to put it right?
    43        A.  That is right.
    44
    45   Q.   The Improvement Notice -----
    46        A.  Improvement Notices can -- I think we have a number of
    47        Improvement Notices served on us, and occasionally it is
    48        for something like a bin did not have a lid on it, and it
    49        would say that they want a lid on that bin.  It is an
    50        Improvement Notice.  We would write back and explain why 
    51        there is not one on and why we do not do it because we have 
    52        another procedure, and then the matter is left to rest. 
    53        The point I am making is that asked if an Improvement
    54        Notice is the same as a Prohibition one, I do not believe
    55        it is.
    56
    57   Q.   I am certainly no expert in this field, but most Notices
    58        under the various regulatory provisions also have
    59        provisions for counter notices, or things of that kind, and
    60        court hearings, if necessary, but they mostly not necessary

Prev Next Index