{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.}
Autumn 2006. 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 [see sketch below].
{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;"}
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 in the Formal Shop Report Book: "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 outstanding 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.]
{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 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 — (d) so far as is reasonably practicable as regards any place of work under the employer's control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;"
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;"
The Regulatory Reform (Fire Safety) Order 2005 states: "The responsible person must, before employing a child, provide a parent of the child with comprehensible and relevant information on — (a) the risks to that child identified by the risk assessment; (b) the preventive and protective measures;"
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;"
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;"}
20th July 2007. Area Manager fails to ensure that the Shop Manager has actioned the two specified safety measures in the Formal Shop Report Book [see FSR no. 41827, headed "H&S Audit"]; and, indeed, fails each week hereafter.
{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;"}
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.
{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."}
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 [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 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 outstanding 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.
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,"}
Mid-March 2008. Shop Manager introduces an electrically untested second-hand fridge into the kitchen.
{The Electricity at Work Regulations 1999 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;"}
2nd April 2008. Shop Assistant forcefully recommends to the Shop Manager, in the presence of an independent witness, to adopt diverse remedial safety measures.
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"].
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.
14th April 2008. Shop Assistant, on his routine day of volunteering, 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].
15th April 2008. Shop Manager fails to action the aforementioned recommendation; and, indeed, fails each week hereafter.
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.
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.
{CR-UK's document entitled Our Approach to Discipline states: "Gross misconduct: • serious infringement of health and safety rules; • serious breach of CR-UK's working procedures, policies or guidelines;"}
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]; ... ... the «topic» of Health & Safety is distinguished by its absence on this form.
8th Sept. 2008. Shop Assistant, on his routine day of volunteering, forcefully recommends to the Shop Manager, in the presence of an independent witness, to adopt further remedial safety measures.
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 independently verifiable information on their managerial competence regarding the implementation of the Health and Safety at Work Act.
6th Oct. 2008. Shop Assistant, on his routine day of volunteering, 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 [‡].
6th Oct. 2008. 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 [see film]; 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) fails to notice, during a formal compliance audit [see Health and Safety Audit 2008/2009 ("Area Manager: T. McIlhoney")] — partially conducted in the presence of an Area Relief Manager (Ms. Logan), formerly Shop Manager — these outstanding safety issues: a 20-month inactioned risk-assessment of the swing-door [see film] and the presence of her undated ex posto facto account of the overdue risk-assessment of a cracked overhead-pipe in the shop's Health & Safety File; the lacunae in statutory maintenance; the Area Manager's 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.
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.
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.
{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 second confidential letter 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 — «bristling with red flags» — which includes the following sentences.
"Young persons — i.e., those lads and lasses under 16 — represent one of the two vulnerable sections of CRUK's volunteer base (the other being senior citizens); and, as such, CRUK's duty of care must be beyond reproach.
[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».
{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]}
4th Dec. 2008. New Shop Manager — on her first day in post — obtains a step ladder with the correct British Standard; ... thus finally actioning the Area Manager's safety measure of 5th July 2007 to the former Shop Manager (Ms. Logan), now Area Relief Manager [see FSR no. 41827, headed "H&S Audit"].
15th Dec. 2008. Shop Assistant, 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..
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, 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. Citing the Head of Health and Safety, the Trading Director — who, hitherto, had had no communication with the Shop Assistant and, therefore, had none of the verifiable information in context — 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."
9th Jan. 2009. Trading Director also writes: "The door has been inspected and was found to be slamming shut due to a strong closure mechanism. Whilst not deemed to be a health and safety issue ..."
16th Jan. 2009. The swing-door's broken slow-release safety mechanism is replaced: ... 22 months after the original risk-assessment.
26th Jan. 2009. Trading Director resumes in writing: "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: "Clearly he [the Shop Assistant] has frustrations about health and safety but everyone has frustrations in the work place."
24th Aug. 2009. Shop Assistant dismissed.
March 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 to determine: the reason(s) for the multiple shortcomings of the Safety Committee, and the Health & Safety, Human Resources, and Retail Departments; the organisational root cause(s) of these multiple, prolonged, and recidivistic breaches of the Health & Safety at Work Act and other complementary legislation; or the reason(s) for the absence of an engaged safety culture.
