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PIKEMAN  
#1 Posted : 18 July 2012 14:41:51(UTC)
Rank: Super forum user
PIKEMAN

See this case where a school was sued when a pupil was hit with a golf club during a school golf lesson. http://www.bbc.co.uk/news/uk-england-tees-18878035

I think that it is arguable that having 20 odd teenagers waving golf clubs about is unsafe.........


However what REALLY worries me is the quote at the very end of the story............."accidents will happen"!
chris.packham  
#2 Posted : 18 July 2012 16:30:35(UTC)
Rank: Super forum user
chris.packham

Not having been present when the statement that 'accidents will happen' was made it is impossible to comment on the context. However, as a general statement of fact I do not find it at all worrying.

Of course accidents will happen. Unless we can totally eliminate all possible risks in this world then it is inevitable that there will be occasions when human failings will result in an accident. It is one reason why, when attempting to manage workplace exposure to chemicals I adopt the basic principle that so far as possible we should control the process and not the person. Humans may be conscientious, concerned and thoughtful. However, even the best of us has their off days and sometimes does something that could result in an accident. And if we continue to develop technology it is inevitable that at some stage something will go wrong for reasons we were not aware of.

What is important is that we learn from the accident and try to find ways of preventing a reoccurrence.
Ron Hunter  
#3 Posted : 18 July 2012 23:50:26(UTC)
Rank: Super forum user
Ron Hunter

Without the full facts, all we have is speculation. Perhaps the basis of the civil claim was flawed?
The claim would appear to have been based (and failed) on a test of 'inadequate supervision' (according to the article) when perhaps the design of the task was flawed, i.e. inadequate space, poor task design, not following curriculum guidelines, lack of instruction, etc.).
On the limited information available, I'm not entirely comfortable with the line quoted by the EA.

I'm reminded of the case where a teacher was held liable (I don't recall whether this was civil/criminal or both) for setting up a "figure of 8" running exercise in a gym with primary kids. The risk of collision was of course inevitable and I recall serious injury resulted.
chris.packham  
#4 Posted : 19 July 2012 06:58:42(UTC)
Rank: Super forum user
chris.packham

Accident:
1. an event that is without apparent cause, or is unexpected
2. an unfortunate event, especially one causing physical harm or damage, brought about unintentionally
The concise Oxford dictionary
If they are without apparent cause or are unexpected how will we ever prevent all accidents?
Jake  
#5 Posted : 19 July 2012 08:06:04(UTC)
Rank: Super forum user
Jake

Chris.Packham wrote:
Accident:
1. an event that is without apparent cause, or is unexpected
2. an unfortunate event, especially one causing physical harm or damage, brought about unintentionally
The concise Oxford dictionary
If they are without apparent cause or are unexpected how will we ever prevent all accidents?


Exactly. And also exactly the reason "Zero Harm" initiatives are flawed.
PIKEMAN  
#6 Posted : 19 July 2012 08:32:28(UTC)
Rank: Super forum user
PIKEMAN

Hmmm. Having worked for 2 safety excellent companies, (ICI, DuPont) I truly subscribe to their belief that all accidents are preventable. Name me one that isn't, without being ridiculous such as "hit by meteriorite". All accidents have causes, which can be determined. Therefore, at least in theory, they can be prevented. It is the basis of safety management.
Jake  
#7 Posted : 19 July 2012 08:58:57(UTC)
Rank: Super forum user
Jake

Pikeman wrote:
It is the basis of safety management.


Pikeman wrote:
I truly subscribe to their belief that all accidents are preventable. Name me one that isn't, without being ridiculous such as "hit by meteriorite".


Customer in a retail store is shopping and drops a grape (or anything else, the product is irrelevant) from their basket onto the floor. 30 seconds later a different customer slips on such a grape. - defendable civil claim = Yes. But it is an accident and please explain how you could prevent that from happening.

Pikeman wrote:
It is the basis of safety management.


Have to disagree with you there, we don't aspire to target Zero as we know it is not a realistic goal (you could argue an impossible goal). We only set SMART objectives.

There are many basis of safety management: Control of hazards so far as reasonably practicable, minimisation of accidents / lost time etc., protecting business reputation, minimsation of civil claims etc.
Jake  
#8 Posted : 19 July 2012 09:00:13(UTC)
Rank: Super forum user
Jake

And apologies for my ham-fisted attempt at a quote...
Kate  
#9 Posted : 19 July 2012 09:07:22(UTC)
Rank: Super forum user
Kate

Of course you could prevent the grape accident (I'm not saying you should, but you could) - by packaging such items robustly so that they can't fall out and can't be slipped on.
Jake  
#10 Posted : 19 July 2012 09:15:00(UTC)
Rank: Super forum user
Jake

Kate wrote:
Of course you could prevent the grape accident (I'm not saying you should, but you could) - by packaging such items robustly so that they can't fall out and can't be slipped on.


The accident I mentioned occurred when a customer opened the packaging to taste / snack on the grape, the product is irrelevant, it could be a customer selecting loose carrots and dropping a stalk or even dropping an empty F&V bag onto the floor etc. etc.

Even if we were to put signs up saying no opening of packgaing, don't drop empty bags on the floor etc. I still genuinely believe it is not possible to prevent such accidents from occurring.

The accident I quoted is frequent, as checks are carried out regularly (hence the ability to defend the inevitable civil claim), but it really is bad luck when a seperate customer slips on a dropped product immedaitely after it has been dropped by another customer.
Wood28983  
#11 Posted : 19 July 2012 09:38:10(UTC)
Rank: Forum user
Wood28983

Of course this accident could have been prevented and forseen. If you give teenage children golf clubs it is inevitable that eventually someone will get hit with one. The only way to ensure that no teenager ever does anything a bit daft or just thoughtless would be one-to-one supervision. Hardly reasonably practicable. Just as when you play a game of rugby people will get injured unless we change the rules and make it non-contact. Preventing children from doing sport or PE would reduce any school's accident rate very significantly. Stopping them playing in the playground would remove another huge chunk.

This is where the concept of 'tolerable risk' comes in and that of risk benefit analysis. By encouraging children to be active and play sports etc when you we reduce the risk of obesity/heart disease etc in later life. So we do our best to reduce the risk of serious injury and put in place proportionate control measure but we also need to allow children to be children and not wrap them up in cotton wool.

Seabee81  
#12 Posted : 19 July 2012 10:04:53(UTC)
Rank: Forum user
Seabee81

20 kids swinging golf clubs around at face height is almost guaranteed to result in some form of injury. How can one teacher adequately supervise that? Knowing my younger self I would happily hit golf balls towards the school to try and break the windows all day long (I have grown into a law abiding pillar of the community since then.)

The school should have more sense. Since when has golf been a suitable sport for a school PE class? It’s a sport, mostly, played by gentlemen of retirement age, and I would hardly call it physical education. Not in the same sense as athletics, football, basketball etc that actually involve running around and expanding a bit of energy, sports that are easy to supervise and safe. No wonder kids these days are all fat.

The poor kid who had his teeth smashed should definitely be entitled to have his dental bills paid by the school, who should have known better.
chris.packham  
#13 Posted : 19 July 2012 10:29:56(UTC)
Rank: Super forum user
chris.packham

Zero accidents? In my field (prevention of occupational skin disease) this is merely a utopian dream! Anyone who thinks otherwise is ignorant of the real facts.

Everyone's skin is unique to them. Some chemicals will affect a large number of people. Others maybe one person in a million, some even fewer. We have to use chemicals as part of everyday life as well as within a workplace. So it is inevitable that at some stage someone will react to something that we are using but that is generally considered harmless. Banning exposure to all chemicals is simply impossible.

For example, we need water to wash in. Yet there is a few people who will develop what is known as acquagenic urticaria, an allergic reaction to water on the skin. It is rare, but it does exist. We cannot yet predict who might develop such a reaction, so if we are to achieve zero 'accidents' we would have to ban all exposure to water for every single worker!

What we can do is to attempt to identify and 'quantify' the hazards, then assess exposure, the probability that there is sufficient exposure to that hazard that damage will occur, and the action needed to reduce this to an acceptable level.

Chris

RayRapp  
#14 Posted : 19 July 2012 11:27:37(UTC)
Rank: Super forum user
RayRapp

quote=Pikeman]Hmmm. Having worked for 2 safety excellent companies, (ICI, DuPont) I truly subscribe to their belief that all accidents are preventable. Name me one that isn't, without being ridiculous such as "hit by meteriorite". All accidents have causes, which can be determined. Therefore, at least in theory, they can be prevented. It is the basis of safety management.


Theory and practice are not the same - that's why all accidents cannot be prevented!

Back to the topic of thread, liability will depend on the individual nuances of this case, which we cannot determine just from the BBC news report. As an avid golfer I am acutely aware that swinging a golf club and hitting balls can cause significant injuries. I will also add that supervising 22 youngsters playing golf is a big ask for one person. Proper supervision is the key by ensuring each pupil is properly segregated from each other in order to prevent an accident - but things can still awry if you take your eye off the ball...
KAJ Safe  
#15 Posted : 19 July 2012 11:43:33(UTC)
Rank: Forum user
KAJ Safe

Sorry but I agree with the judge, you cannot expect to see every child at every minute. What stops someone throwing a ruler in a class room when the teacher is talking to another pupil.

the report fails to state whether the injured pupil did anything wrong or if the child who had the club was at fault so we can presume all day long.

I do agree that bills should be paid if the work cannot be carried out until the age of 18.
KAJ Safe  
#16 Posted : 19 July 2012 11:46:32(UTC)
Rank: Forum user
KAJ Safe

Accidents do happen in sport, have you ever played football or rugby. How does a teacher stop someone from tackling or being tackled when that is a major area in certain sports.
I am sure most of us have all been on both sides of the fence.
PIKEMAN  
#17 Posted : 19 July 2012 11:47:39(UTC)
Rank: Super forum user
PIKEMAN

Some interesting answers. I am staggered that many safety professionals cannot distinguish between "goals / aims" and "targets". This is a basic management concept.

So - a GOAL of zero accidents. Fine. A TARGET of zero? Nah. A target of reducing accidents by 20% - fine. Note the difference!
Jake  
#18 Posted : 19 July 2012 12:03:40(UTC)
Rank: Super forum user
Jake

Sorry for going off topic..

Pikeman wrote:
Some interesting answers. I am staggered that many safety professionals cannot distinguish between "goals / aims" and "targets". This is a basic management concept.

So - a GOAL of zero accidents. Fine. A TARGET of zero? Nah. A target of reducing accidents by 20% - fine. Note the difference!


I'm perfectly aware of the differences, and still cannot understand as a business why you'd set a goal / aim that is unachievable?

..OK "Traget Zero" "Zero Harm" etc. sound snazzy and give identity to a programme, but I'd prefer a tag-line / aspiration that is promoting more realistic goals e.g. no uncontrolled hazards, all hazards reduced SFAIRP, all ecompassing positive safety culture etc.

The use of zero harm annoys me just as much as number of hours woked without an accident type systems!
RayRapp  
#19 Posted : 19 July 2012 12:53:49(UTC)
Rank: Super forum user
RayRapp

Jake, I'm with you - I can't stand all this 'zero accidents' mantra, it is a form of brainwashing. Indeed, some poor souls even believe it is possible!
peter gotch  
#20 Posted : 19 July 2012 13:21:54(UTC)
Rank: Super forum user
peter gotch

Many accidents are not preventable by reasonably practicable means.

How many £m are we going to spend to prevent a paper cut?
colinreeves  
#21 Posted : 19 July 2012 14:01:59(UTC)
Rank: Super forum user
colinreeves

peter gotch wrote:
Many accidents are not preventable by reasonably practicable means.

How many £m are we going to spend to prevent a paper cut?



Excellent - ban paper. No more risk assessments, forms etc! I am out of a job and can retire. Hurrah!

It is Friday isn't it?
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