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pdurkin  
#41 Posted : 15 October 2012 20:13:20(UTC)
Rank: Forum user
pdurkin

In terms of risk assessment, cannot see how you can compare cocktail sticks with LN2.The former could even be used as tooth picks whereas the latter in my days was stored in special flasks and only used with special gloves unless you wished your hands destroyed i.e. one you can let out, the other you keep safely stored. NO CONTEST unless we risk assess everything, glad to be retired !!!
A Kurdziel  
#42 Posted : 16 October 2012 10:41:10(UTC)
Rank: Super forum user
A Kurdziel

I agree with Ian. I suspect that he, like me, has experience of working with Liquid nitrogen and sees it as just another lab reagent and not a particularly scary one. If used properly like most things it is safe. It is possible to use it make cocktails more fun but only if the staff preparing them are properly trained and inform the drinkers of the dangers. The comparison with flaming drinks is a good one. A small amount of liquid nitrogen in a decent sized drink will soon boil off. It will cool the drink and make a great deal of steam. It’ll be cold but if you sip it will soon warm up in your mouth. What seems to have happened here- and as always we don’t have the full details of what happened- the poor girl actually managed to drink some of the liquid N2 before it had a chance to boil off. The comparison with swallowing a olive or cocktail stick is apt. A number of people are injured doing things like this every year but very few are reported because they are a bit boring while someone being injured by liquid nitrogen is deemed to be newsworthy. Finally I do not believe it is possible to prosecute anybody for attempted manslaughter since to attempt a crime there has to be an intent to commit a crime (Mens rea) and if there is a conscious attempt to kill someone it is not manslaughter it is murder. It might be possible to prosecute under section 3 of the Health and Safety at Work Act 1974.
Rob M  
#43 Posted : 16 October 2012 10:50:11(UTC)
Rank: Forum user
Rob M

having run bars resturantes and hotels in the past, knowing the high pace and preasure on staff, the use of such items beggers belief
Clairel  
#44 Posted : 16 October 2012 11:13:13(UTC)
Rank: Super forum user
Clairel

Even if we accept what some of you are saying that LN in drinks is a valid thing to do, as long as there are controls - which for the record I do not see it as valid - you have to look at foreseeability. Busy bar staff selling drinks to people who are under the influence of alcohol. And you'd expect the bar staff to remind punters every time not to drink it for x period of time and you'd expect the customer under the influence of alcohol to follow those instructions? The accident is totally forseeable. Don't think I've ever mentioned manslaughter in this case but prosecution definitely IMO.
Irwin43241  
#45 Posted : 16 October 2012 11:20:15(UTC)
Rank: Guest
Guest

A Kurdziel wrote:
I agree with Ian. I suspect that he, like me, has experience of working with Liquid nitrogen and sees it as just another lab reagent and not a particularly scary one. If used properly like most things it is safe. It is possible to use it make cocktails more fun but only if the staff preparing them are properly trained and inform the drinkers of the dangers. The comparison with flaming drinks is a good one. A small amount of liquid nitrogen in a decent sized drink will soon boil off. It will cool the drink and make a great deal of steam. It’ll be cold but if you sip it will soon warm up in your mouth. What seems to have happened here- and as always we don’t have the full details of what happened- the poor girl actually managed to drink some of the liquid N2 before it had a chance to boil off. The comparison with swallowing a olive or cocktail stick is apt. A number of people are injured doing things like this every year but very few are reported because they are a bit boring while someone being injured by liquid nitrogen is deemed to be newsworthy. Finally I do not believe it is possible to prosecute anybody for attempted manslaughter since to attempt a crime there has to be an intent to commit a crime (Mens rea) and if there is a conscious attempt to kill someone it is not manslaughter it is murder. It might be possible to prosecute under section 3 of the Health and Safety at Work Act 1974.
This young girl had to have emergency surgery and the aftermath of this incident will effect her for the rest of her life. I think that some posters are dismissive of the serious consequences of this incident. The use of this stuff in bars should be banned. To use it to make cocktails more fun? Yeah, some fun to have your stomach removed. I agree with Rob M it's use beggers belief.
A Kurdziel  
#46 Posted : 16 October 2012 11:43:15(UTC)
Rank: Super forum user
A Kurdziel

There seems to be a knee jerk reaction here which says as soon as something comes along which has been reported in the press as having the potential to cause harm we should be banning it. It is this sort of thing that gives the profession a bad name. One girl has had a terrible experience with this it is very sad and tragic but if we are in the business of banning things then we should be looking at banning all drinking in all bars pubs etc. The damage that our drinking culture cost society billions of pounds and causes a whole range of tragedies every day. We can also ban motorbikes, bungee jumping, rugby, rock climbing, and a variety of other things which pose an increased risk of harm, but rarely if ever are reported in press and therefore do not attract the same levels of attention as this one-off event. We as H&S professionals should be in the business of managing the life’s risks not banning things outright, without consideration.
gourock  
#47 Posted : 16 October 2012 11:53:18(UTC)
Rank: New forum user
gourock

I have to agree with Clairel and Rob M. I spent 28years in the licensed trade in Scotland and not only applied the law but presumed a duty of care for my customers. It is "illegal to serve a drunk person" never mind knowingly serve them something harmful. Even if the young lady was sober, where was the duty of care? A Kurdziel blames the LN, like all harmful substances it just has to be handled with care. That licensee is behind the wrong type of bar.
Clairel  
#48 Posted : 16 October 2012 12:00:07(UTC)
Rank: Super forum user
Clairel

A kurdziel - Absolute nonsense. Somethings are banned and rightly so. That doesn't mean that everything has to be banned or that when things are banned it is a knee jerk reaction. As I have demonstrated repeatedly on this forum I actually am prepared to accept a greater level of risk in life than most. Pouring a dangerous substance into a drink just for a gimmick is a risk I wouldn't be willing to take. To be honest it is quite insulting to other forum users to suggest that our opinions are based purely on press reports. LN is hazardous substance that requires strict controls. Controls that cannot possibly be fully implemented in a bar selling alcohol.
A Kurdziel  
#49 Posted : 16 October 2012 13:15:00(UTC)
Rank: Super forum user
A Kurdziel

I am sorry anybody is offended by my comments. That was not my intention. My concern was over the idea of ‘banning’ things. In reality society does not ban things. Society has not banned heroin, it is still available to trained medical practitioners who are licensed to issue it in controlled circumstances. There is a system to manage the doctors and to make sure that they do not abuse the system. The problem with such a approach is that is plaices the onus on the enforcers to identify the risks and to manage them. Of course the beauty of the H&S regime is that it does not ban anything. Instead it places the onus on the risk creators usually the employer in this case the bar staff. They should be the ones taking responsibility to make sure if they are creating a risk that it is properly managed ie if they a are going to use liquid nitrogen in drinks they use it correctly. The alternative would seem to be a regime to control the use of liquid nitrogen- who should be allowed to use it? And in what circumstances would they be using it and of course this would have to be monitored (by EHO?) Knee jerk reactions lead to poorly thought out solutions – remember the dangerous dogs act following a series of very unpleasant dogs attacks on children.
Clairel  
#50 Posted : 16 October 2012 18:36:38(UTC)
Rank: Super forum user
Clairel

Things are banned in society and in health and safety. Plenty of substances are no longer allowed to be used in workplaces (especially now under the direction of Europe). Asbestos would be a prime example. Other things are banned in circumstances. For example creosote can only be sold trade to professional users, although that too is to be 'banned' soon. Other things are banned outright. For example lifting someone on the forks of a fork lift truck is banned. There are many other examples. Then of course you are not allowed to sell alcohol to under 18's (that in effect is banning something), smoking has been banned from public enclosed places. Shall I go on?????? We do ban things. For good reason.
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#51 Posted : 16 October 2012 19:04:33(UTC)
Rank: Super forum user
Ian.Blenkharn

I think LN2 in a drink is a particularly dumb thing to do, but I must return to proportionality. And as for cocktail sticks, and all of those who simply haven't got a clue - go read the literature. There are actually many cases reported, mainly of oropharyngeal and oesophageal injuries, many leading to complex inflammatory and infection-related injuries and to several fatal cases though direct puncture of the oesophagus and the major blood vessels that run just beneath. There are very many other minor injuries and of course, you're not supposed to eat the cocktail stick. Only an idiot would do that wouldn't they? Just as this idiot drank some LN2. There are far more cases of life threatening and fatal cocktail stick-related injuries that the one incident about which some here seem to be getting almost hysterical. It does not impress that so many can be so bullish in their certainty that they know exactly what to do, regardless of how extreme that is, when the best they have done is to read a few words in a headline newspaper report. Go read the literature, and learn from that the importance of proportionality, and the issues I raise about cocktail sticks. Then see if you might come to a different conclusion.
pete48  
#52 Posted : 16 October 2012 19:11:39(UTC)
Rank: Super forum user
pete48

We do ban things. For good reason." I agree 100% with that statement but like IanB and A Kurdziel the question remains for me as to whether we yet have good reasons? All we appear to be discussing is a media report of an incident. How many times do the popular press get the facts straight? Do we know what happened or are we surmising that she must have swallowed some of the liquid nitrogen? What does the industry practice or code for this type of drink say? How is the liquid nitrogen dispensed, from what size and type of container and in what measures? Is it actually liquid nitrogen that is involved? Are they automatically measured? I could not support a call for a total ban without more facts and details. Such a call at this point could easily be seen as a "social outrage" response and not a proportionate assessment based on fact and adequate knowledge. Those are my concerns. People need to be able to live their lives and we should only be talking of bans when the evidence and a proper and proportionate risk judgement has been established and proven. p.s. I did notice that in Australia, or some parts of, they have taken the knee jerk approach and banned it absed on this one incident. The responses from the industry, bar owners etc make interesting reading! p48
RayRapp  
#53 Posted : 16 October 2012 21:46:08(UTC)
Rank: Super forum user
RayRapp

Having taken Ian's advice I did some reading on the Liquid Nitrogen (LN2) and it is clear it can be a very harmful substance. Misused or in the wrong hands it can be deadly, apart from burns to skin it can be an asphyxiant. Liquid nitrogen has a large expansion ratio on evaporation - one litre of liquid nitrogen can result in about 700 litres of gas - so only a relatively small volume of liquid nitrogen has to evaporate within a room to result in an oxygen deficient atmosphere. A number of good reasons to stay clear of LN2 and especially when added to cocktails!
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#54 Posted : 17 October 2012 08:47:36(UTC)
Rank: Super forum user
Ian.Blenkharn

Wrong footed, Rayrapp? My suggestion was to read the literature concerning serious injuries and fatalities associated with cocktail sticks. It doesn't surprise me, and perhaps it explains some of the more ridiculous responses that have appeared here, the sarcasm, the abusive comments and the unprofessional knee-jerk reactions. And the lazy approach to knowledge acquisition.
B.Bruce  
#55 Posted : 17 October 2012 11:00:47(UTC)
Rank: Forum user
B.Bruce

Ian.Blenkharn wrote:
Wrong footed, Rayrapp? My suggestion was to read the literature concerning serious injuries and fatalities associated with cocktail sticks. It doesn't surprise me, and perhaps it explains some of the more ridiculous responses that have appeared here, the sarcasm, the abusive comments and the unprofessional knee-jerk reactions. And the lazy approach to knowledge acquisition.
Ian, I am quite surprised you are commenting on the abusive comments directed towards you - your previous post last week was an absolute disgrace. A truly awful injury for anyone to recieve.
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#56 Posted : 17 October 2012 11:36:09(UTC)
Rank: Super forum user
Ian.Blenkharn

Here we go again, another rude and sarcastic comment from someone who is obviously unable to think through the issues on a reasoned and evidence-based level! That does not bode well for professional standards or courtesy, does it? Now let us look at the specific point this particular idiot has raised, that one respondent went to look at A when I recommended looking at B, yet claimed to have 'taken my advice'. Diametrically opposed to what I suggested is not impressive is it, and if you can't see that I can only sigh in despair.
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#57 Posted : 17 October 2012 11:39:57(UTC)
Rank: Super forum user
Ian.Blenkharn

Give the moderators a break, they asked for it and deserve it, perhaps especially so from IOSH members. If you wish to continue with youo rude and sarcastic comments please do contact me directly. Give a real name and identify yourself properly. Be prepared to stand by and support your comments with a proper standard of professionalism and robust evidence. Be prepared also to face a formal challenge.
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#58 Posted : 19 October 2012 15:43:44(UTC)
Rank: Super forum user
Ian.Blenkharn

Rayapp - my advice was to reserach the injuries caused by cocktail sticks not LN2 but you have chosen to go off in the wrong direction! Do the correct bit of research, get the subject area right, and then compare the two risks. You might begin to see things in an entirely different light.
RayRapp  
#59 Posted : 21 October 2012 21:27:14(UTC)
Rank: Super forum user
RayRapp

Okay Ian, misread your post. Still some interesting facts on LN2. Incidentally, how long were you in the Diplomatic Corps?
A Kurdziel  
#60 Posted : 15 June 2015 16:19:48(UTC)
Rank: Super forum user
A Kurdziel

A few years ago we heard of the case of a young woman who was persuaded to drink a cocktail containing liquid nitrogen in bar in Preston. As result of the cryogenic burns she received to her stomach she had to have part of it removed. The topic raised a great deal of interest at the time. Well the case has gone to court and here is the result http://www.bbc.co.uk/new...land-lancashire-32773331
Steve e ashton  
#61 Posted : 16 June 2015 10:37:14(UTC)
Rank: Super forum user
Steve e ashton

Thanks for the update AK. However: The payment of an upfront penalty to avoid prosecution is a new one on me... Is this poor reporting? Is this a form of 'fixed penalty notice' for H&S offences?
A Kurdziel  
#62 Posted : 16 June 2015 11:24:51(UTC)
Rank: Super forum user
A Kurdziel

steve e ashton wrote:
Thanks for the update AK. However: The payment of an upfront penalty to avoid prosecution is a new one on me... Is this poor reporting? Is this a form of 'fixed penalty notice' for H&S offences?
Yes new one on me.Perhaps some legal eagle can explain this
Xavier123  
#63 Posted : 16 June 2015 12:15:00(UTC)
Rank: Super forum user
Xavier123

Yes. Utterly new to me...and totally at odds with British justice system. Only things I can come up with are a. Poor reporting (but seems to be a specific item so unlikely) or b. Possible application for 'wasted costs'. I believe wasted costs can be applied for whereby an individual through their acts or omissions have wasted the time and resources. Trying to be careful with speculating (although case has been heard and now essentially only awaiting sentencing) but basis for not guilty plea could have been new news to the prosecutors and enough for them to reassess. Guesswork only.
A Kurdziel  
#64 Posted : 16 June 2015 14:19:24(UTC)
Rank: Super forum user
A Kurdziel

If this is not poor reporting then this looks like the sort of weasel thing that they do in the US. An article in the SHP a few years ago stated that although in theory very serious fines can be levied by the OHSA if a case goes to court in most cases they agree to an ‘out of court settlement’: average amount paid out $800 ( £500).
Graham Bullough  
#65 Posted : 21 September 2015 12:52:09(UTC)
Rank: Super forum user
Graham Bullough

Here's an update. Earlier this year the wine bar company pleaded guilty to a charge of breaching section 3(1) of the HSW Act 1974 relating to the circumstances in which a young woman had to have her stomach removed after drinking a liquid nitrogen cocktail in October 2012. On 17.9.15 the company was fined £100,000 and ordered to pay £40,000. Various newspaper websites published similar articles about the case but the one at http://www.dailymail.co....-party-lost-stomach.html seemed to contain more information than the others. (Compared with some Daily Mail articles this one seems relatively free of sensationalism. Even so, it reaped a wide range of comments including some highly puerile ones. Also, one of the article's sub-headings refers to the bar as being in Preston when in fact it is in Lancaster - just one small example of why people should never assume that everything they see on the internet is accurate.) The articles commonly mention that a senior health & safety officer (most likely an environmental health officer [EHO] from the local council) had expressed concern about the use of liquid nitrogen during a visit to the bar in May 2012. He subsequently confirmed his concern to the company by means of a letter and a copy of a guidance document, but never received any response. Though it's not clear which document was sent by the EHO, forum users might be interested to see the British Compressed Gases Association (BCGA) document "Beverage Gases - Gases in the beverage and hospitality industries" at http://www.bcga.co.uk/pages/index.cfm?page_id=84 This document contains a link to BCGA Leaflet 07: 2012 (Revision 3) "The Dangers of Industrial Gas Abuse" which includes a brief mention of adding CO2 pellets or liquid nitrogen to cocktail drinks. Can any forum users with knowledge of the beverage & hospitality industries comment as to what effects the circumstances which occurred in October 2012 had or appear to have had on other bars and hotels which used liquid nitrogen with cocktails? Did some or most establishments abandon the practice or did some continue it and ensure that they had suitably strict procedures for it and that all relevant employees fully understood them?
Corfield35303  
#66 Posted : 21 September 2015 15:58:02(UTC)
Rank: Forum user
Corfield35303

A Kurdziel wrote:
There seems to be a knee jerk reaction here which says as soon as something comes along which has been reported in the press as having the potential to cause harm we should be banning it. It is this sort of thing that gives the profession a bad name. One girl has had a terrible experience with this it is very sad and tragic but if we are in the business of banning things then we should be looking at banning all drinking in all bars pubs etc. The damage that our drinking culture cost society billions of pounds and causes a whole range of tragedies every day. We can also ban motorbikes, bungee jumping, rugby, rock climbing, and a variety of other things which pose an increased risk of harm, but rarely if ever are reported in press and therefore do not attract the same levels of attention as this one-off event. We as H&S professionals should be in the business of managing the life’s risks not banning things outright, without consideration.
Those other things are either done by people who understand and accept a degree of risk, or because they (rightly or wrongly) form part of our traditions. This is neither, its a fad that can kill, I understand what you imply about managing the risk, rather than banning it, so in effect there should be strict licensing and control requirements on any establishment wanting to use this medium? Until those arrangements are in place it should just be banned. I suspect the regime required to control the risks effectively, especially when you consider the lack of any tangible benefit to society, would effectively mean a ban. Sometimes its best just to ban as the benefits are so few in relation to the costs, think handguns, or how new psychoactive substances (legal highs) will be approached very soon.....
RayRapp  
#67 Posted : 21 September 2015 16:43:22(UTC)
Rank: Super forum user
RayRapp

Another interesting resurrection of an old thread. When we talk about 'risk' it comes in many different levels and guises. Surely you cannot compare a risk taken for so-called pleasure which the participant was not aware of the potential consequences with other types of risky activities i.e. bungee jumping, rock climbing, etc.
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