CANCER RESEARCH & PANDORA'S BOX

Heu, contra principia negantem non est disputandum.

3. DIVERSE SAFETY

[During the period from late-July 2006 to mid-September 2008, the workplace's volunteers included several legal minors executing the Duke of Edinburgh Award, two adults with severely compromised immune systems, several unemployed adults on temporary «work experience», one adult with Asperger's syndrome, and several senior citizens — including two with greatly decreased mobility.]


Autumn 2006. (Recently appointed) Shop Manager (Ms. Amy Logan) displaces, to an effectively unreadable position, the main Health & Safety Notice — applicable and informative to every volunteer and employee: ... in favour of the shop's Sales Target Notice — a numerically illiterate spreadsheet relevant only to her monthly sales bonus.

Autumn-Winter 2006. (Former) Area Manager (Ms. Sarah Walker) fails to notice, during several formal and informal shop visits [see FSR no. 41822 et seq.], the totally aberrant placement of the main Health & Safety Notice [see sketch below].

Displacement of main Health & Safety Notice in favour of shop's Sales Target Notice.

Late Spring 2007. Shop Manager initiates the (almost daily) placement of a «free box» immediately outside the shop; such boxes frequently contain glassware, sharps, and small objects.

5th July 2007. (Present) Area Manager (Ms. Trish McIlhoney), following a formal shop visit in concert with the Shop Manager [see FSR no. 41827, headed "H&S Audit"], specifies in writing: "Fire drills to be implemented within two weeks" and "Step Ladder to be obtained with correct B.S. [British Standard]".

5th July 2007. Area Manager fails to notice, during this same formal shop visit, the anomalies in completed Young Person's Risk Assessment Forms [see proforma], the totally aberrant placement of the main Health & Safety Notice [see sketch], a 4-month inactioned risk-assessment of the swing-door in the shop's Health & Safety File [see film], a 2-month unreported accident in the Safety Book, the de facto ornamental nature of the fire extinguishers, the total unsuitability of the fire evacuation point [], the lack of provision for the safe temporary storage of broken glassware and sharps, the communal storage of food and shop cleaning chemicals, the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels and non-functioning hand air-dryers, and the non-alphabetical ordering of the volunteers' health details in the event of an emergency; and, indeed, fails each informal visit hereafter.

[† One that requires the individual — regardless of his or her mobility — to walk some 30 metres up a very steep slope.]

8th July 2007. Resignation of (former) Weekend Shop Assistant.

19th July 2007. Shop Manager fails to action — within the two-week time scale — two safety measures specified by the Area Manager [see FSR no.
41827, headed "H&S Audit"]; and, indeed, fails each week hereafter.

20th July 2007. Area Manager fails to ensure that these two specified safety measures have been actioned; and, indeed, fails each week hereafter.

10th Aug. 2007. Shop Manager starts two-week holiday.

11th Aug. 2007. (New) Weekend Shop Assistant (Dr. Roger Peters), working alone, starts first day in post.

12th Aug. 2007 (Sunday). Without prior warning, the Shop Assistant's duties unexpectedly include the sole supervision of a legal minor executing a Duke of Edinburgh Award — in a working environment replete with multiple breaches of the Health and Safety at Work Act 1974.

21st Jan. 2008. Shop Assistant, on his routine day of volunteering (Monday), in the presence of an independent witness, formally expresses his disapproval to the Shop Manager of her (almost daily) placement of a «free box» immediately outside the shop, and requests — with particular reference to the safety of young children amongst the general public — that such boxes should not contain glassware, sharps, or small objects.

29th Jan. 2008. Area Manager fails to notice, during a formal shop visit in concert with the Shop Manager [see FSR no.
41828], the continuing anomalies in completed Young Person's Risk Assessment Forms [see proforma], the totally aberrant placement of the main Health & Safety Notice [see sketch], the 10-month inactioned risk-assessment of the swing-door in the shop's Health & Safety File [see film], her own two 6-month inactioned safety measures specified on the preceding page of the Formal Shop Report Book [see FSR no. 41827, headed "H&S Audit"], the 8-month unreported accident in the Safety Book, the lack of provision for the safe temporary storage of broken glassware and sharps, the de facto ornamental nature of the fire extinguishers, the total unsuitability of the fire evacuation point [], the lacunae in Portable Appliance Testing, the communal storage of food and shop cleaning chemicals, the lacunae in COSHH assessments, the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels and non-functioning hand air-dryers, and the non-alphabetical ordering of the volunteers' health details in the event of an emergency; and, indeed, fails each informal visit hereafter.

{The Management of Health and Safety at Work Regulations 1999 state: "Every employer shall ensure that young persons employed by him are protected at work from any risks to their health or safety which are a consequence of their lack of experience, or absence of awareness of existing or potential risks or the fact that young persons have not yet fully matured."

The Health and Safety Information for Employees Regulations 1989 state: "An employer shall, in relation to each of his employees — (a) ensure that the approved poster is kept displayed in a readable condition — (i) at a place which is reasonably accessible to the employee while he is at work, and (ii) in such a position in that place as to be easily seen and read by that employee;"

The Health and Safety at Work Act etc 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

The Health and Safety at Work Act etc 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees;"

The Regulatory Reform (Fire Safety) Order 2005 states: "The responsible person must — (a) take measures for fire-fighting in the premises, adapted to the nature of the activities carried on there and the size of the undertaking and of the premises concerned; (b) nominate competent persons to implement those measures and ensure that the number of such persons, their training and the equipment available to them are adequate, taking into account the size of, and the specific hazards involved in, the premises concerned;"

5th Feb. 2008. The Safety Committee, the Health & Safety Department, the Head of Health & Safety (Mr. Kevin Thurlow), the Trading Director (Mr. Simon Ledsham), the Retail Health & Safety Manager (Mr. Steve Learmouth), and the Regional Manager (Ms. Julie Byard) — all from afar — fail to ensure that there are no anomalies in completed Young Person's Risk Assessment Forms, no inactioned risk-assessments, no inactioned safety measures, and no lacunae in statutory safety provision and maintenance; and, indeed, fail each week hereafter.

{The Chief Executive's Health, Safety and Welfare Policy Statement reads: "The Council and Senior Management recognise the importance of managing Health and Safety and have appointed a Head of Health & Safety. In addition a Safety Committee, [...], oversees the implementation of health and safety legislation."

The Management of Health and Safety at Work Regulations 1999 state: "Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures."

CR-UK's document entitled Organisation and Responsibilities for Health and Safety within Cancer Research UK states: "Management • All employees who are responsible for the management of other staff, [...], have a direct responsibility for the implementation of Cancer Research UK's policy on health and safety and welfare. This responsibility cannot be delegated,"}

11th Feb. 2008. Shop Assistant in post 6 months.

18th Feb. 2008. Human Resources Department and the Regional Manager — both from afar — fail to ensure that the part-time Shop Assistant's 6-month probationary period has been supervised in the slightest degree by his Line-Manager (Area Manager Ms. McIlhoney); and, indeed, fail each week hereafter.

10th March 2008 (Sunday). Shop Assistant observes water dripping from the ceiling in the shop.

11th March 2008. Following closer inspection of the foregoing, on his routine day of volunteering, the Shop Assistant informs the part-time Stock Processor of the presence of a cracked overhead-pipe in the shop; she immediately informs the Duty Area Relief Manager (Ms. Lisa Chester).

12th March 2008. Shop Manager fails to obtain a professionally executed risk-assessment of the cracked overhead-pipe; and, indeed, fails each week hereafter.

March 2008. Shop Manager leaves broken glass in an open box on the floor of the workroom at least twice, and once places several large shards of glass in an unmarked white plastic bag in the rubbish pen.

2nd April 2008. Shop Assistant politely asks the Shop Manager to sit down at the desk and take written notes regarding some very serious matters regarding Health & Safety and Data Protection: ... she does not accede to this request.

2nd April 2008. Subsequently, the Shop Assistant forcefully recommends to the Shop Manager, in the presence of an independent witness, to adopt the following remedial safety measures: execute a fire evacuation drill; arrange for Portable Appliance Testing on all electrical items; ensure the safe temporary storage of broken glassware and sharps; separate food and shop cleaning chemicals; execute the necessary COSHH assessments; report a 12-month outstanding accident in the Safety Book; have the fuse inserted in the hand air-dryer in the toilet; and obtain a professionally executed risk-assessment of the cracked overhead-pipe in the shop; ... as well as address all the remaining safety issues.

[The remaining safety issues, not specified by the Shop Assistant, included: the supposèd value and the verisimilitude of any completed Young Person's Risk Assessment Form; the totally aberrant placement of the main Health & Safety Notice; the 14-month inactioned risk-assessment of the swing-door in the shop's Health & Safety File; the 10-month inactioned requirement to obtain a step ladder with the correct British Standard, specified in the Formal Shop Report Book; the de facto ornamental nature of the fire extinguishers; the total unsuitability of the fire evacuation point; the continuing placement of a «free-box» immediately outside the shop; the frequently obstructed doorways; the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels; the non-alphabetical ordering of the volunteers' health details in the event of an emergency; and the intermittent presence of uninsured persons in the workroom — including, on one occasion, a young boy, recovering from cancer chemotherapy, and thus with a severely compromised immune system, who was allowed to play here and in adjoining areas.]

2nd April 2008. Subsequently, the Shop Manager, in conjunction with the same independent witness, actions all these specified remedial safety measures [
1] — except obtaining a professionally executed risk-assessment of the cracked overhead-pipe.

3rd April 2008. Shop Manager fails to seek advice from the Health & Safety Department regarding the implementation of the Health and Safety at Work Act; and, indeed, fails each week hereafter.

7th April 2008. Shop Assistant's first contact — in whatever form — from his Line-Manager (Area Manager Ms. McIlhoney) since before his interview in August 2007.

7th April 2008. Area Manager repeatedly refuses, in the presence of the Shop Manager, to accede to the Shop Assistant's request to obtain a professionally executed risk-assessment of the cracked overhead-pipe: ... until the latter moves towards the telephone to ring the Health & Safety Executive.

April 2008 (undated). Shop Manager writes an ex posto facto account of the cracked overhead-pipe, and then places same in the shop's Health & Safety File.

April 2008. Shop Manager fails to introduce the novel topic of Health & Safety at a monthly manager's meeting chaired by the Area Manager; and, indeed, fails each month hereafter.

Summer 2008. Shop Manager fails to implement consistently the remedial measure recommended on 2nd April for the safe temporary storage of broken glassware and sharps [see plan of workplace].

1st Aug. 2008. Area Manager fails to conduct a formal shop visit, despite more than 6 months elapsing since the previous one on 29th January; and, indeed, would not conduct one until 20th November.

5th Aug. 2008. The Safety Committee, the Health & Safety Department, the Head of Health & Safety, the Trading Director, the Retail Health & Safety Manager, and the Regional Manager — all continuing from afar — fail to ensure that there are no anomalies in completed Young Person's Risk Assessment Forms, no inactioned risk-assessments, no inactioned safety measures, and no lacunae in statutory safety provision and maintenance; and, indeed, fail each week hereafter.

11th Aug. 2008. Shop Assistant in post 12 months.

4th Sept. 2008. Training Development Officer (Ms. Debbie Bradley) — who had failed to notice the totally aberrant placement of the main Health & Safety Notice and who had previously certified that the Shop Manager had completed CR-UK's Health & Safety / Manual Handling Training Course [see proforma] — signs the «perfect score» of the Shop Manager's Level Two Completion Review Form [see CRV].

8th Sept. 2008. Shop Assistant, on his routine day of volunteering, politely asks the Shop Manager, in the presence of an independent witness, to sit down and take heed of some very serious matters regarding Health & Safety and Data Protection: ... she reluctantly accedes to this request.

8th Sept. 2008. Subsequently, the Shop Assistant forcefully recommends, in the presence of the same independent witness, that the Shop Manager adopt the following remedial safety measures: ensure the safe temporary storage of broken glassware and sharps; remove specific electrical hazards [see
details]; and note the 5-month inactioned recommendation for a safer and more convenient fire evacuation point for those of maturer years or with decreased mobility [see FSB p. 32]; ... as well as address all the remaining safety issues.

[The remaining safety issues, not specified by the Shop Assistant, included: the supposèd value and the verisimilitude of any completed Young Person's Risk Assessment Form; the totally aberrant placement of the main Health & Safety Notice; the 19-month inactioned risk-assessment of the swing-door in the shop's Health & Safety File; the 15-month inactioned requirement to obtain a step ladder with the correct British Standard, specified in the Formal Shop Report Book; the discrepancy between the retesting date on Elecheck's Formal Safety Report and that on their tested electrical items; the de facto ornamental nature of the portable fire extinguishers; the absence of weekly portable fire extinguisher testing; the absence of fire evacuation drills for two long-serving volunteers; the occasional reappearance of the «free-box» immediately outside the shop; the frequently obstructed doorways; the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels and the non-functioning hand air-dryers; and the non-alphabetical ordering of the volunteers' health details in the event of an emergency.]

8th Sept. 2008. Subsequently, the Shop Manager, in conjunction with the same independent witness, actions all these specified remedial safety measures — except the 5-month recommendation regarding the fire evacuation point.

9th Sept. 2008. Area Manager signs the «perfect score» of the Shop Manager's Level Two Completion Review Form [see CRV].

September 2008. Promotion of the Shop Manager to Area Relief Manager recommended by the Area Manager and approved by the Regional Manager, who — continuing from afar — fails to seek any verifiable information on their managerial competence regarding the implementation of the Health and Safety at Work Act or other Duty of Care obligations [2].

25th Sept. 2008. Shop Manager receives penultimate monthly sales bonus.

6th Oct. 2008. Line-Manager's first contact — in whatever form — with the Shop Assistant since 7th April; the former, Area Manager Ms. McIlhoney, conducts his first yearly Performance & Development Review (PDR).

6th Oct. 2008. During the course of this PDR, the Shop Assistant draws the Area Manager's attention to the the totally aberrant placement of the main Health & Safety Notice; after the latter's initial expression of incomprehension, she states: "Well, if you don't like it there, put it somewhere where you do like."

6th Oct. 2008. Subsequently, the Shop Assistant repositions the main Health & Safety Notice for the convenient eye-level reference of volunteers and employees — in accord with the Health and Safety Information for Employees Regulations 1989 [].

Displacement of main Health & Safety Notice in favour of shop's Sales Target Notice.

6th Oct. 2008. During the course of this PDR, the Shop Assistant also draws the Area Manager's attention to the presence of the inactioned risk-assessment of the swing-door in the shop's Health & Safety File; she undertakes to address the matter.

7th Oct. 2008. Area Manager fails to action this risk-assessment; and, indeed, fails each week hereafter.

{The Management of Health and Safety at Work Regulations 1999 state: "Every employee shall inform his employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees —

(a) of any work situation which a person with the first-mentioned employee's training and instruction would reasonably consider represented a serious and immediate danger to health and safety; and

(b) of any matter which a person with the first-mentioned employee's training and instruction would reasonably consider represented a shortcoming in the employer's protection arrangements for health and safety,"}

22nd Oct. 2008. Shop Assistant sends confidential letter — «bristling with red flags» — by recorded delivery to the Retail Health & Safety Manager: ... who fails to initiate an investigation into the letter's essential substance.

5th Nov. 2008. Safety Auditor (Mr. Jim Holyhead), at the conclusion of a formal compliance audit [5] — partially conducted in the presence of an Area Relief Manager (Ms. Logan), formerly Shop Manager — gives a «score» of 44/51 [see extract of Health and Safety Audit 2008/2009 ("Area Manager: T. McIlhoney")].

5th Nov. 2008. Safety Auditor fails to notice, during this same formal compliance audit, these outstanding safety issues: the 20-month inactioned risk-assessment of the swing-door [see film] and the presence of an undated ex posto facto account of the cracked overhead-pipe in the shop's Health & Safety File; the lacunae in statutory maintenance; the 16-month inactioned requirement to obtain a step ladder with the correct British Standard, specified in the Formal Shop Report Book [see FSR no. 41827, headed "H&S Audit"]; the discrepancy between the retesting date (April 2009) on Elecheck's Formal Safety Report and that on their tested electrical items (April 2010); the de facto ornamental nature of the fire extinguishers [6]; the absence of weekly portable fire extinguisher testing [see FSB p. 34]; the 6-month inactioned recommendation for a safer and more convenient fire evacuation point for those of maturer years or with decreased mobility [see FSB p. 32]; the absence of fire evacuation drills for two long-serving volunteers; the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels and the non-functioning hand air-dryers; and the non-alphabetical ordering of the volunteers' health details in the event of an emergency.

13th Nov. 2008. Retail Learning & Development Manager (Ms. Lynn Paulo) effectively implies in a memo that Health & Safety training for new — but actively practising — managers is less important than training for Merchandising & Display and Stock Control.

{The Chief Executive's Health, Safety and Welfare Policy Statement reads: "The Council of Cancer Research UK attaches the greatest importance to safeguarding the health, safety and welfare of all persons at work"; ... note the use of the superlative adjective in this phrase.

CR-UK's document entitled Organisation and Responsibilities for Health and Safety within Cancer Research UK states: "The Council of Cancer Research UK have the ultimate responsibility for the health, safety and welfare of all Cancer Research UK employees. The Chief Executive and the Directors exercise this responsibility on Council's behalf."}  ® Hence the following letter.

19th Nov. 2008. Shop Assistant sends confidential letter — «bristling with red flags» — by recorded delivery to the Chairman of the Council of Trustees (Mr. David Newbigging) and the Chief Executive (Mr. Harpal Kumar): ... who fail to initiate an investigation into the letter's essential substance.

20th Nov. 2008. Area Manager, during a formal shop visit in concert with the (recently promoted) Area Relief Manager [see FSR no. 41829 & no. 418230], writes: "Visit to go over compliance and H&S with Relief Manager."

20th Nov. 2008. Area Manager fails to notice, during this same formal shop visit, these outstanding safety issues: the 20-month inactioned risk-assessment of the swing-door in the shop's Health & Safety File [see film]; her own 16-month inactioned requirement to obtain a step ladder with the correct British Standard, specified in the Formal Shop Report Book [see FSR no. 41827, headed "H&S Audit"]; the discrepancy between the retesting date (April 2009) on Elecheck's Formal Safety Report and that on their tested electrical items (April 2010); the de facto ornamental nature of the fire extinguishers; the absence of weekly portable fire extinguisher testing [see FSB p. 34]; the Shop Assistant's 6-month inactioned recommendation for a safer and more convenient fire evacuation point for those of maturer years or with decreased mobility [see FSB p. 32]; the absence of fire evacuation drills for two long-serving volunteers; the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels and the non-functioning hand air-dryers; and the non-alphabetical ordering of the volunteers' health details in the event of an emergency.

{Section 2(2) of the Health and Safety at Work Act etc 1974 states: "Without prejudice to the generality of an employer's duty under the preceding subsection, the matters to which that duty extends include in particular — (c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;"

CR-UK's document entitled Our Approach to Confidential Reporting (A "Whistleblowing" Policy) states: "You should use this policy if you have a genuine concern that there are reasonable grounds that any of the following has occurred, is occurring or is likely to occur: [...] a failure to comply with legal obligations, an endangerment to an individual's health and safety,"} ® Hence the submissions of 3rd December.

2nd Dec. 2008. Retail Health & Safety Manager fails to notice, during a formal shop inspection in concert with the Area Manager and the Area Relief Manager, these outstanding safety issues: the 21-month inactioned risk-assessment of the swing-door [see film] and the presence of an undated ex posto facto account of the cracked overhead-pipe in the shop's Health & Safety File; the Area Manager's 17-month inactioned requirement to obtain a step ladder with the correct British Standard, specified in the Formal Shop Report Book [see FSR no. 41827, headed "H&S Audit"]; the discrepancy between the retesting date (April 2009) on Elecheck's Formal Safety Report and that on their tested electrical items (April 2010); the de facto ornamental nature of the fire extinguishers; the absence of weekly portable fire extinguisher testing [see FSB p. 34]; the ≥ 31-month absence of fire evacuation drills for two long-serving volunteers; the lack of basic hygiene in the kitchen and toilet, exemplified by the antediluvian use of communal towels and non-functioning hand air-dryers; and the ≥ 31-month non-alphabetical ordering of the health details of volunteers in the event of an emergency.

3rd Dec. 2008. Shop Assistant sends confidential letter [7] — entitled "Systemic Weaknesses Regarding Implementation of Acts of Parliament" — by recorded delivery to the Chairman of the Council of Trustees, the Chief Executive, and the Interim Director of Internal Audit (Mr. Bhavani Jois), together with a discussion document [7] — «bristling with red flags» — which includes the following sentence.

"[The] Safety Committee should accept, without delay and without qualification, my judgement that all the following are unfit for purpose: management supervisory practices; safety audits; formal shop visits; safety culture; and safety training."

3rd Dec. 2008. Shop Assistant's copy to the Interim Director of Internal Audit attached with prima facie evidence of «irregularities».

15th Dec. 2008. Shop Assistant, steadfastly continuing the fulfilment of his statutory and contractual obligations, sends confidential letter — together with additional prima facie evidence of «irregularities» — by recorded delivery to the Interim Director of Internal Audit: ... who fails to initiate an investigation into the letter's essential substance.

9th Jan. 2009. Citing the Head of Health and Safety — who had had no communication with the Shop Assistant — the Trading Director — ibidem — writes [8]: "In his opinion the issues raised are not as a result of systematic failures and that CR-UK is meeting its obligations under the Health and Safety at Work Act 1974 and other subordinate legislation."

9th Jan. 2009. Trading Director also writes: "Cancer Research UK takes Health and Safety very seriously ..."

26th Jan. 2009. Trading Director resumes in writing [8]: "I would reiterate I am confident that our health and safety processes and practices are 'fit for purpose' and I do not support your view that there are systemic weaknesses."

22nd Aug. 2009. Associate Head of Retail Finance (Ms. Jenny White) states [9]: "Clearly he [the Shop Assistant] has frustrations about health and safety but everyone has frustrations in the work place." [10]

24th Aug. 2009. Shop Assistant dismissed.

February 2010. Despite integrity and excellence being supposèd core values of Cancer Research UK, no investigation has been initiated by either their Executive Board or their Council of Trustees [11] to determine: the reason(s) for the multiple shortcomings of the Safety Committee, and the Health & Safety, Human Resources, and Retail Departments; the appropriateness of the conduct of Internal Audit [12]; the ostensible rationale for the assertions of the Head of Health & Safety and the Trading Director; the organisational root cause(s) of these multiple, prolonged, and recidivistic breaches of the Health & Safety at Work Act and other complementary legislation [13,14] — in just one of CR-UK's 600 or so workplaces; or the reason(s) for the absence of an engaged safety culture [5, 15].

________________________________________________________________________________

1. ACCESS & EGRESS : 4pp.

2. ELECTRICAL & FIRE SAFETY : 4pp.

4. DATA PROTECTION & HUMAN RIGHTS : 6pp.

5. VOLUNTEER CARE : 7pp.

6. HIERARCHAL BREACHES OF CONFIDENTIALITY : 11pp.

7. HIERARCHAL MISINFORMATION, DISINFORMATION & PARALOGISMS: Introduction : 12pp.

8. PROFLIGACY : 13pp.; document in progress.

________________________________________________________________________________

[Notes]

1. Despite actioning the Shop Assistant's specified remedial safety measures, the Shop Manager did not fufil her statutory obligations under the Management of Health and Safety at Work Regulations 1999, wherein is stated:

"Every employee shall inform his employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees —

(a) of any work situation which a person with the first-mentioned employee's training and instruction would reasonably consider represented a serious and immediate danger to health and safety; and

(b) of any matter which a person with the first-mentioned employee's training and instruction would reasonably consider represented a shortcoming in the employer's protection arrangements for health and safety,

in so far as that situation or matter either affects the health and safety of that first mentioned employee or arises out of or in connection with his own activities at work, and has not previously been reported to his employer or to any other employee of that employer in accordance with this paragraph."


2. See Documents
4 & 5.

3. Verbatim transcription included in Document
6.

4. Duty: moral or legal obligation. Ensure: make safe or sure; make sure to happen; secure. Investigation: searching inquiry for ascertaining (relevant) facts in context; detailed or careful examination. Remedial: designed or intended to correct or improve a deficiency in a specific attribute. Systematic: marked by regularity. Systemic weakness: one that is judged to be a fundamental problem that requires corrective action through administrative, regulatory, legislative, or policy change.


5. Chapter 27 (New Safety Culture) of Queen's Counsel Charles Haddon-Cave's official report entitled The Nimrod Review (The Stationery Office, Norwich, 28th October 2009; ISBN 9780102962659) is prefaced by the following statement of Ian Whewell, Director of the Health & Safety Executive's Offshore Division: "A company which has got a compliance culture, does not have a safe culture."


6. Each «standard-sized» fire extinguisher is de facto ornamental if the individual legally responsible for safety — in any given workplace at any given time — has either not been trained and assessed in its use — as, indeed, required by the Regulatory Reform (Fire Safety) Order 2005 — or, through no fault of his or her own (e.g., lack of physical strength, arthritis, lack of self-confidence), is unable to «man-handle» such a physical beast.

From the foregoing, the health & safety legislation, logic, and common sense all demand that each individual legally responsible for safety must be: (a) trained and assessed in the use of «pocket-sized» extinguishers and fire blankets; and (b) provided with fairly precise written guidance as to the circumstances where fire-evacuation — rather than fire-fighting — procedures should be implemented.


7. Verbatim transcription included in Document 7d.


8. Verbatim transcription included in Document 7f.


9. Verbatim transcription included in Document 7l.


10. An apocryphal letter of condolence from a Cancer Research UK administrator ensconced in the well-appointed establishment of 61 Lincoln's Inn Fields, London:

Dear M. & Mme Peu-importe,

We are sorry that your 3-year-old son, Nul, was killed by the swing-action of a main door in the provinces. Although risk-assessed to be a serious hazard some 22 months previously — coincidentally the gestation period of an elephant — and would have taken any competent artisan a mere 15 minutes to repair at negligible cost, such is a 'frustration in the work place'. Be that as it may, I would like to assure you that "Cancer Research UK takes Health and Safety very seriously".

Yours sincerely,

Mlle J.-S. Peinarde.

PS Cancer Research UK's «great and good» have expressed the hope that your sole surviving offspring, Poire, reconsiders her decision to withdraw from the Duke of Edinburgh Scheme, since she — at least — had not only successfully negotiated the aforementioned hazard but also diverse electrical, fire, chemical, and biological safety violations.]

11. CR-UK's Council of Trustees (2007-2010): Mr. David Newbigging (Chairman), Dr. Melanie Lee (Deputy Chairman), Professor Colin Bird, Professor Sir Kenneth Calman, Dr. Philip Campbell, Sir James Crosby, Ms. Liz Hewitt, Mr. Roger Matthews, Dame Bridget Ogilvie, Dr. Keith Palmer, Ms. Leah Sowden, Professor Jeffrey Tobias.

12. CR-UK's document entitled Our Approach to Confidential Reporting (A "Whistleblowing" Policy) states: "If you raised the concern with Internal Audit directly, they will complete [part A of] the [Confidential Reporting Form] using the information you provide." [Part A — Notification of Irregularity/Malpractice; Part B — Investigation of Reported Irregularity/Malpractice]


13. CR-UK's document entitled Our Approach to Dignity at Work states: "[...] We will not condone, tolerate or ignore any form of [...] unacceptable behaviour in our [...] employment practices. [...] Those in managerial roles have a responsibility to promote and implement the principles of this policy ..." [De jure and de facto, such employment practices must include implementing the spirit and the letter of, amongst other Acts of Parliament, the Health and Safety at Work Act etc 1974, the Health and Safety Information for Employees Regulations 1989, the Electricity at Work Regulations 1989, the Management of Health and Safety at Work Regulations 1999, and the Regulatory Reform (Fire Safety) Order 2005; as well as respecting the Common Law duty of confidentiality.]

14. CR-UK's document entitled Organisation and Responsibilities for Health & Safety within Cancer Research UK states: "[The] responsibilites [of any person with managerial authority or supervisory responsibility] include [...] investigating accidents and incidents [...], to establish root causes and introduce measures to prevent recurrence."


15. For two illuminating and salutary works, see Professor James Reason's study entitled Managing the Risks of Organizational Accidents (Ashgate Publishing, Aldershot, 1997; ISBN 1840141050) and Queen's Counsel Charles Haddon-Cave's official report, loc. cit.


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