Posted By David Kennedy
At page 11 of the May 2009 Safety and Health Practitioner, the article "Artist failed to heed warning signs" in the third column is a statement "However during the investigation, the HSE issed and operational notice to all local authorities warning them of the lessons to be learnt." I have been unable so far to locate this operational notice and should be grateful if anyone can give me its official reference and location. I need to look at the notice to ensure that a risk assessment for a public event that I will be submitting will cover any lessons rising from the Dreamspace fatalities and subsequent prosecutions.

Posted By sylvia
This interests me as I was puzzled by the fine on the council concerned, and the reports I have seen indicate that the council were fined as they failed to adequately check "the RA".

Whether this means they did not ask for any, (as a kind of client, should they have?) or that they were meant to act as a layer of protection for the active organisations involved - the artist and another company involved - I cannot tell.

However, since when has it been a legal requirement for a landowner to act as an expert over and above the "specialists" to whom the land is hired?

This would mean that a landlord (often councils) of a park which was holding a hot air balloon fest would have to know as much (or more!) about hot air balloons as the operators.

Same for bungee jumping, jousting or any other of a multitude of activities all possible hirers of a piece of land (or water).

This seems a quite unreasonable responsibility over and above the HSWA - but it could be that this case had complications which were not explained in the reports I saw.

Of course in some situations, LAs would be the enforcer or the licencer (public ent licence) and some scrutiny may take place for that purpose - however, I do not believe that any responsibilty is transferred in such situations, and I do not think this was the role of the council in the dreamspace case.