{The Chief Executive's Health, Safety and Welfare Policy Statement states: "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.}
5th July 2007. Shop Manager (Ms. Amy Logan) in post 11 months.
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" 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.]
{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 [1], 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 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 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;"}
{CR-UK's document entitled Our Approach to Discipline states: "Misconduct: • breach of CR-UK's working procedures, guidelines and policies; • lack of proper care and attention to work; [...]"}
5th July 2007. Area Manager fails to notice, during this same formal shop visit, the non-implementation of the Data Protection Act [‡].
[‡ Specifically: the failure to secure any personal data of past or present employees, of past or present volunteers (including, and in particular, legal minors), or of innumerable past customers; and the failure to destroy unnecessary personal data.]
{Principle 5 of the Data Protection Act 1998 requires that: "Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes."
Principle 7 of the Data Protection Act 1998 requires that: "Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data."}
20th July 2007. Area Manager fails to ensure that her two specified safety measures have been actioned by the Shop Manager [see FSR no. 41827, headed "H&S Audit"]; and, indeed, fails each 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;"}
{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;"}
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 & Safety at Work Act and wherein there is non-implementation of the Data Protection Act.
{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."}
11th Nov. 2008. Line-Manager fails to conduct the Shop Assistant's 3-month probationary review; and, indeed, fails each week hereafter.
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 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 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-functioning hand air-dryers, the non-alphabetical ordering of the volunteers' health details in the event of an emergency, and the continuing non-implementation of the Data Protection Act [‡]; and, indeed, fails each informal visit hereafter.
5th Feb. 2008. Regional Manager (Ms. Julie Byard) — from afar — fails to ensure that the Data Protection Act is being implemented and that there are no anomalies in completed Young Person's Risk Assessment Forms, no inactioned risk-assessments, no inactioned safety measures, no lacunae in statutory safety provision and maintenance, and no volunteer welfare concerns; and, indeed, fails each week hereafter.
11th Feb. 2008. Line-Manager fails to conduct the Shop Assistant's 6-month probationary review; and, indeed, fails each week hereafter.
18th Feb. 2008. Regional Manager — continuing from afar — fails to ensure that the Shop Assistant's 6-month probationary period has been supervised in the slightest degree by his Line-Manager; and, indeed, fails 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, and with reference to the Data Protection Act, to adopt — in the first instance — the remedial measure of securing all personal data of past and present employees, past and present volunteers (including, and in particular, legal minors), and each individual who has submitted a completed Volunteer Application Form.
2nd April 2008. Subsequently, the Shop Manager obtains the necessary padlock for the security of the aforementioned personal data, and undertakes, in the presence of the same independent witness, to secure the Shop Assistant's pay-slip in the shop's safe.
2nd April 2008. 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 the 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 — except obtaining a professionally executed risk-assessment of the cracked overhead-pipe [see plan of workplace].
3rd April 2008. Shop Manager fails to inform the Area Manager of either the prolonged breaches of the Data Protection Act or the Shop Assistant's remedial measures; and, indeed, fails each week hereafter.
3rd April 2008. Shop Manager fails to acquire a copy of the eight principles of the Data Protection Act; and, indeed, fails each week hereafter.
3rd April 2008. Shop Manager fails to seek advice from the Legal Department regarding either the security of the personal data of CR-UK's customers or the conscientious disposal of unnecessary personal data; and, indeed, fails each week hereafter.
3rd April 2008. Shop Manager fails to inform the Area Manager of either the prolonged breaches of the Health & Safety at Work Act or the Shop Assistant's remedial measures; and, indeed, fails each week hereafter.
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. Line-Manager's first contact — in whatever form — with the Shop Assistant since before his interview in August 2007; ... i.e., 8 months after his appointment.
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.
