CANCER RESEARCH & PANDORA'S BOX

Heu, contra principia negantem non est disputandum.

2. ELECTRICAL & FIRE SAFETY

[Cancer Research UK's document entitled Performance & Development Review — FSM Form — 2008-2009 states: "Our Core Values are: • Integrity — We have integrity. We approach everything we do with honesty and trust. • Excellence — We aim for excellence in both what we do and the way we do it."]


Late Spring 2007. Shop Manager (Ms. Amy Logan) has the fuse removed from the hand air-dryer in the toilet by an unauthorised individual.

5th July 2007. 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."

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

19th July 2007. Shop Manager fails to action — within the two-week time scale — this fire safety measure specified by the Area Manager; and, indeed, fails each week hereafter.

20th July 2007. Area Manager fails to ensure that this specified fire safety measure has 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.

29th Jan. 2008. Area Manager fails to notice, during a formal shop visit in concert with the Shop Manager [see FSR no. 41828], that this fire safety measure specified on the preceding page of the Formal Shop Report Book has not been actioned by the Shop Manager [see FSR no. 41827, headed "H&S Audit"]; and, indeed, fails each informal visit hereafter.

Mid-March 2008. Shop Manager introduces an electrically untested second-hand fridge into the kitchen.

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, in the presence of an independent witness, that the Shop Manager conducts a fire evacuation drill and arranges for Portable Appliance Testing on all electrical items — including, and in particular, the aforementioned fridge.

2nd April 2008. Subsequently, the Shop Manager conducts the first fire evacuation drill since before her appointment in late-July 2006 [see Fire Safety Book p.
32]: ... despite the Area Manager's specific instruction to this effect within a two-week time scale [see FSR no. 41827 of 5th July 2007, headed "H&S Audit"].

{The Regulatory Reform (Fire Safety) Order 2005 states: "The responsible person must — (a) establish and, where necessary, give effect to appropriate procedures, including safety drills, to be followed in the event of serious and imminent danger to relevant persons;"}

2nd April 2008. Shop Manager conducts first portable fire extinguisher weekly test [see FSB p. 34].

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.

10th April 2008. Shop Manager fails to conduct portable fire extinguisher weekly test [see FSB p. 34].

14th April 2008. Shop Assistant, on his routine day of volunteering (Monday), directs a fire evacuation drill, and, immediately thereafter, signs a recommendation for a safer and more convenient fire evacuation point for those of maturer years or with decreased mobility [see FSB p. 32].

{The Regulatory Reform (Fire Safety) Order 2005 states: "The following requirements must be complied with in respect of a workplace where necessary [...] in order to safeguard the safety of employees in case of fire — (a) emergency routes and exits shall lead as directly as possible to a place of safety;"}

15th April 2008. Shop Manager fails to action the aforementioned recommendation; and, indeed, fails each week hereafter.

17th April 2008. Shop Manager conducts second portable fire extinguisher weekly test [see FSB p. 34].

22nd April 2008. Elecheck conduct Portable Appliance Testing on all electrical items; only one item fails, namely the aforementioned fridge — because of failed insulation resistance.

{The Electricity at Work Regulations 1989 state: "No person shall be engaged in any work activity on or so near any live conductor (other than one suitably covered with insulating material so as to prevent danger) that danger may arise unless — (a) it is unreasonable in all the circumstances for it to be dead; and (b) it is reasonable in all the circumstances for him to be at work on or near it while it is live;"}

22nd April 2008. Shop Manager fails to notice the discrepancy between the retesting date (April 2009) on Elecheck's Formal Safety Report and that on the tested electrical items (April 2010); and, indeed, fails each week hereafter.

24th April 2008. Shop Manager fails to conduct portable fire extinguisher weekly test [see FSB p. 34]; and, indeed, fails each week hereafter.

Mid-August 2008. Shop Manager places sellotape over the plug of a recently obtained second-hand fridge.

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 remove the sellotape over the aforementioned plug, remove another untested second-hand electrical item introduced by her into a communal area, secure a broken electrical socket with bare wires exposed, 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].

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

September 2008. Promotion of the Shop Manager to Area Relief Manager recommended by the Area Manager and approved by the Regional Manager (Ms. Julie Byard).

22nd Oct. 2008. Shop Assistant sends confidential letter by recorded delivery to the Retail Health & Safety Manager (Mr. Steve Learmouth).

5th Nov. 2008. Safety Auditor (Mr. Jim Holyhead) fails to notice, during a formal compliance audit [see Health and Safety Audit 2008/2009 ("Area Manager: T. McIlhoney")], the aforementioned discrepancy, recommendation, or lacunae in fire evacuation drills.

19th Nov. 2008. Shop Assistant sends confidential letter confidential letter — entitled "Implementation of Acts of Parliament" — by recorded delivery to the Chairman of the Council of Trustees (Mr. David Newbigging) and the Chief Executive (Mr. Harpal Kumar).

20th Nov. 2008. Area Manager fails to notice, during a formal shop visit in concert with the (recently promoted) Area Relief Manager [see FSR no. 41829 & no. 41830], the aforementioned discrepancy, recommendation, and lacunae.

{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 following submissions.

3rd Dec. 2008. Shop Assistant sends confidential letter — 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.

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 sends confidential letter — together with additional prima facie evidence of «irregularities» — by recorded delivery to the Interim Director of Internal Audit.

7th Jan. 2009. New Shop Manager implements the Shop Assistant's signed recommendation of 14th April 2008 — i.e., during the stewardship of the former Shop Manager (Ms. Logan), now Area Relief Manager — for a safer and more convenient fire evacuation point for those of maturer years or with decreased mobility [see FSB p. 32].

9th Jan. 2009. Trading Director (Mr. Simon Ledsham) — who, hitherto, had had no communication with the Shop Assistant — writes [1]: "The fridge was found to be faulty when PAT tested and was immediately isolated. Due to the cost of repair, the fridge was replaced. The new fridge was found to be satisfactory when PAT tested on 6 February 2008."

[Note that — as had been previously communicated to the Interim Director of Internal Audit — Elecheck's Portable Appliance Testing occurred on, and their Formal Safety Report is dated, 22nd April 2008.]

9th Jan. 2009. Citing the Head of Health and Safety (Mr. Kevin Thurlow) — who, equally, had had no communication with the Shop Assistant — the Trading Director (Mr. Simon Ledsham) also writes: "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."

26th Jan. 2009. Trading Director resumes in writing [1]: "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."

May 2009. Retail Property Manager (Mr. Bob Marston) states in a Formal Report: "PA Testing and records are up to date and correct."

[Note that — as had been previously communicated to the Interim Director of Internal Audit — Elecheck's Electrical Safety Report of 22nd April 2008 states that retesting should occur in April 2009.]

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 [2] to determine: the appropriateness of the conduct of Internal Audit [3]; the ostensible rationale for the assertions of the Head of Health & Safety and the Trading Director; or the organisational root cause(s) of these prolonged «incidents» [4,5].

________________________________________________________________________________

1. ACCESS & EGRESS : 4pp.

3. DIVERSE SAFETY : 10pp.

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. Verbatim transcription included in Document 7f.


2. 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.


3. 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]


4. 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 Electricity at Work Regulations 1989, and the Regulatory Reform (Fire Safety) Order 2005.]


5. 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."

Dr. R. Peters'
Home Page.

[February 2010]