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RayRapp  
#1 Posted : 29 September 2016 07:46:07(UTC)
Rank: Super forum user
RayRapp

I expect you are all aware of the fine Merlin Entertainment received after pleading guilty to H&S charges. However there was an earlier thread discussing Merlin's investigation where they announced the cause of the Smiler ride crash was down to 'human error' as if to exonerate the company. The HSE and the Court were obviously not having any of that nonsense and fined Merlin £5m. Link below to the aforementioned Merlin investigation. http://www.bbc.co.uk/news/uk-england-34911943
A Kurdziel  
#2 Posted : 29 September 2016 08:21:23(UTC)
Rank: Super forum user
A Kurdziel

I believe this is the biggest fine any one has had under H&S law without actually killing someone.
chris42  
#3 Posted : 29 September 2016 08:44:48(UTC)
Rank: Super forum user
chris42

Still should have been more, considering their size and turnover IMHO http://www.bbc.co.uk/new...e-staffordshire-37471624 Interesting at end they will now shut down when winds exceed 35 mph, but suppliers recommend max at 34 mph. Also bonus for low down time, lack of training, engineers not read manual, no emergency procedure ( or ineffective). Apparently executives took responsibility from start, perhaps that is what they meant by human error ( but made it sound lower down the food chain). No one lost their job! TATA £2m for little finger! IOSH Mag Chris
A Kurdziel  
#4 Posted : 29 September 2016 08:55:38(UTC)
Rank: Super forum user
A Kurdziel

I hate the phrase “human error”. It’s the ultimate cop out: you can call anything “human error”. The whole point of management (and maybe human civilisation) is to deal with “human error”,aiming to make the world a better place in spite of our human weaknesses ;greed, stupidity, selfishness etc. ‘Elf and safety’ is just a small part of this but we cannot give into “human error” as an excuse.
MEden380  
#5 Posted : 29 September 2016 11:49:48(UTC)
Rank: Super forum user
MEden380

I don't call over riding safety devices human error. If machine of any description stops due to a safety device activating, shouldn't the whole machine be checked for faults before re-starting the machine. Merlin are very lucky there were no fatalities on this incident and that no one was charged with manslaughter.
RayRapp  
#6 Posted : 29 September 2016 13:18:46(UTC)
Rank: Super forum user
RayRapp

I think if there had been fatalities the size of the fine would have been at least double the current £5m. Not sure there would have been enough evidence for Corporate Manslaughter, but an unlimited fine can be imposed under HSWA in a Crown Court anyway.
A Kurdziel  
#7 Posted : 29 September 2016 13:53:39(UTC)
Rank: Super forum user
A Kurdziel

I don't think that the  fine is all that serious for Merlin. Much worse for them is all of negative publicity-front page on most of the national papers and their share price has taken a hammering in the pass year. That has cost them more than £5 million.

SBH  
#8 Posted : 29 September 2016 14:17:27(UTC)
Rank: Super forum user
SBH

I suspect the civil claims will be next and that also could run to millions SBH
JohnW  
#9 Posted : 29 September 2016 15:58:22(UTC)
Rank: Super forum user
JohnW

Every reporter I've heard on TV or radio has said Merlin will have even more to pay in compensation - but surely these reporters should know that insurance will cover compensation? That said, I did hear the director say Merlin will provide the injured with 'everything they will ever need' or words along those lines. John
WatsonD  
#10 Posted : 30 September 2016 09:40:00(UTC)
Rank: Super forum user
WatsonD

A terrible event, but one that can be held up as an example of the true cost of safety failures.
thanks 1 user thanked WatsonD for this useful post.
gerrysharpe on 30/09/2016(UTC)
gerrysharpe  
#11 Posted : 30 September 2016 12:58:28(UTC)
Rank: Super forum user
gerrysharpe

Originally Posted by: WatsonD Go to Quoted Post
A terrible event, but one that can be held up as an example of the true cost of safety failures.

I agree with you WatsonD, But when Merlin raked in 400 Million then 5 million don't quite seem enough. Thats still a small percentage based on their overal turnover, They'll recoup that in next years takings

Graham  
#12 Posted : 30 September 2016 13:26:45(UTC)
Rank: Forum user
Graham

Originally Posted by: MEden380 Go to Quoted Post
I don't call over riding safety devices human error. If machine of any description stops due to a safety device activating, shouldn't the whole machine be checked for faults before re-starting the machine. Merlin are very lucky there were no fatalities on this incident and that no one was charged with manslaughter.

Every single accident is ultimately down to human error somewhere along the chain of events, even if it was the computer programme that was at fault, a human had a hand in writing it.

But the whole aim is to make the as unlikely as possible that the inevitable human error will result in catastrophic failure.

Graham

Also every day without an accident is down to human success!

thanks 1 user thanked Graham for this useful post.
gerrysharpe on 30/09/2016(UTC)
A Kurdziel  
#13 Posted : 30 September 2016 13:37:58(UTC)
Rank: Super forum user
A Kurdziel

When Most people talk about human error they say “Human Error” and shrug their shoulders, indicating that this is the root cause and then washing themselves of all (corporate) responsibility. Behind each human error is a systems failure, since somebody should have foreseen that human error and taken steps to prevent it. (That failure was of course itself a human error but …). It usually boils down to someone somewhere hiring muppet to do a man’s (or woman’s) job.

johnmurray  
#14 Posted : 30 September 2016 14:45:23(UTC)
Rank: Super forum user
johnmurray

Deliberately over-riding safety devices/warnings....hardly "human error"...almost certainly human incompetence of the criminal variety/

biker1  
#15 Posted : 30 September 2016 15:24:03(UTC)
Rank: Super forum user
biker1

I seem to recall that they've had further problems with this ride recently, and had to temporarily shut it. Isn't there a case for condemning the ride? One of the problems here is that thrill seekers expect more and more complicated and convoluted fairground rides, and the more there is to satisfy this demand, the more things there are to go wrong. When machinery designed just to give people a thrill starts to push the boundaries of safe engineering, then expect more incidents.
A Kurdziel  
#16 Posted : 30 September 2016 15:37:42(UTC)
Rank: Super forum user
A Kurdziel

The aim of this sort of ride is to give the illusion of danger without creating any unacceptable risk and it will push the boundaries of technology to achieve this. The latest rides use electromagnetic induction motors to accelerate the carriages rather than the traditional drive chains which can of suffer from the various well-known failure modes. This tech is so advanced that the US Navy wants to use it for launching aircraft from their next generation aircraft carriers.

But it is down to the designers to come up with appropriate designs and to test and refine them so that they are certain they work. Remember we design, airplanes, chemical plants giant cranes etc. all of which have potential to cause real dangers.

One thing I have noticed is that often accidents happen when unqualified people modify a piece of equipment or a procedure. This is down to the tendency in this country to refer to anyone with a screw driver as an engineer. Engineers should be professionals who understand fully the ramifications of everything they do.  

chas  
#17 Posted : 03 October 2016 07:54:33(UTC)
Rank: Super forum user
chas

I see in the press today that Merlin are seeking to link executive bonuses to safety performance, subject to shareholder apporval. I'd like to see how that is formulated and how it works in practice. Maybe the way forward for all companies. 

A Kurdziel  
#18 Posted : 03 October 2016 08:21:53(UTC)
Rank: Super forum user
A Kurdziel

Originally Posted by: chas Go to Quoted Post

I see in the press today that Merlin are seeking to link executive bonuses to safety performance, subject to shareholder apporval. I'd like to see how that is formulated and how it works in practice. Maybe the way forward for all companies. 

Well if  its anything like the way businesses massage their financial figures a la Tesco it will lead to more coverups and general fiddling of numbers. it will also lead to an increase in questions about RIDDORs onthis forum(as if we don't get enough already!)

johnmc  
#19 Posted : 03 October 2016 14:37:34(UTC)
Rank: Forum user
johnmc

Originally Posted by: A Kurdziel Go to Quoted Post

When Most people talk about human error they say “Human Error” and shrug their shoulders, indicating that this is the root cause and then washing themselves of all (corporate) responsibility. Behind each human error is a systems failure, since somebody should have foreseen that human error and taken steps to prevent it. (That failure was of course itself a human error but …). It usually boils down to someone somewhere hiring muppet to do a man’s (or woman’s) job.

I would have to disagree that behind every human error there is a systems failure, it is impossible for any system to take account of all the possible actions/inactions of humans.  We are all very quick to jump to conclusions and make judgments surrounding events and circumstances about which we are only certain of the outcome, hindsight being 20/20.  This should be seen as a learning opportunity for us all not one to call people that are just doing their jobs “Muppets”.  IMHO, John Mc

RayRapp  
#20 Posted : 03 October 2016 18:31:50(UTC)
Rank: Super forum user
RayRapp

Wildavsky claims that system failures are only foreseeable with the benefit of hindsight bias. I think that is true in many incidents but perhaps not all of them.

It has been suggested on these forums that 'human error' is symptom and not a cause. However I like the notion of 'human  error, or last line of defence?' Smith D.   

Xavier123  
#21 Posted : 04 October 2016 08:05:13(UTC)
Rank: Super forum user
Xavier123

thanks 1 user thanked Xavier123 for this useful post.
simon73 on 06/10/2016(UTC)
stonecold  
#22 Posted : 04 October 2016 08:19:58(UTC)
Rank: Super forum user
stonecold

There a job vacancy at Alton Towers for a Health and safety advisor (indeed.co.uk). Criteria includes a requirement to have a NEBOSH certificate. You would have thought they due to recent events they would have upped that to at least the Dip.
RayRapp  
#23 Posted : 04 October 2016 08:36:32(UTC)
Rank: Super forum user
RayRapp

I seem to recall an advert for a H&S Manager for Merlin Entertainment earlier in the year, in which case an Adviser with a NEBOSH Cert might be considered adequate.
chris42  
#24 Posted : 04 October 2016 08:43:02(UTC)
Rank: Super forum user
chris42

Originally Posted by: Xavier123 Go to Quoted Post
Thanks Xavier ( I hit the thank button but it did not work). It explains how the fine was only £5m, quite a reduction for the guilty plea.
RayRapp  
#25 Posted : 04 October 2016 12:13:05(UTC)
Rank: Super forum user
RayRapp

Interestingly on reading the Judge's summing up he referred to the original Merlin investigation within the Mitigating factors but it is clear Merlin's comments were more of an Aggravating factor (p10 and copied below). I wonder if in future incidents the company will be more careful not to blame its staff? I doubt it. 'Whilst the defendant should have full credit for the plea of guilty the earlier acceptance of responsibility was tainted by the willingness to blame its employees when the fundamental fault was that of the company.'
chris42  
#26 Posted : 05 October 2016 08:53:21(UTC)
Rank: Super forum user
chris42

The cynic in me thinks the blame was very deliberate. The “increased” cost of the fine for doing it would be well worth it. Say it added a couple of million to the fine, far better the general public to “think” this was a one off by a single employee (who will be sacked?), opposed to a management failure which could apply to other rides or attractions. The truth at this stage in the game is irrelevant, far less fuss about this now. People will feel the fine they got was just because the errors an employee made, not failure to put in place proper controls. A couple of million is well worth it, considering what they would lose if people lost confidence in the park as a whole and / or all their other attractions. Just MHO Chris
WatsonD  
#27 Posted : 05 October 2016 10:03:26(UTC)
Rank: Super forum user
WatsonD

Surely now there will be a few civil claims from those affected. This will not be the final amount Merlin will be paying out from this.
JohnW  
#28 Posted : 05 October 2016 12:13:46(UTC)
Rank: Super forum user
JohnW

Originally Posted by: WatsonD Go to Quoted Post
Surely now there will be a few civil claims from those affected. This will not be the final amount Merlin will be paying out from this.
Well, just to repeat what I said in an earlier post : Every reporter I've heard on TV or radio has said Merlin will have even more to pay in compensation - but surely these reporters should know that insurance will cover compensation? That said, I did hear the director say Merlin will provide the injured with 'everything they will ever need' or words along those lines. John
Roundtuit  
#29 Posted : 12 October 2016 21:27:50(UTC)
Rank: Super forum user
Roundtuit

Can someone explain this fine in context to the recent announcement the company that broke the actor Harrison Ford's leg have been fined £1.6M?

Roundtuit  
#30 Posted : 12 October 2016 21:27:50(UTC)
Rank: Super forum user
Roundtuit

Can someone explain this fine in context to the recent announcement the company that broke the actor Harrison Ford's leg have been fined £1.6M?

RayRapp  
#31 Posted : 13 October 2016 08:34:31(UTC)
Rank: Super forum user
RayRapp

Originally Posted by: Roundtuit Go to Quoted Post

Can someone explain this fine in context to the recent announcement the company that broke the actor Harrison Ford's leg have been fined £1.6M?

I'm not sure where you are coming from...two very different incidents with different outcomes. The Court will apply the recent Sentencing Guidelines for h&s offences as well as the turnover of the offending organisation.
A Kurdziel  
#32 Posted : 13 October 2016 08:49:04(UTC)
Rank: Super forum user
A Kurdziel

http://www.bbc.co.uk/news/uk-england-37637453

 

According to this article the HSE contended that the incident involving Mr Ford was very serious. The risk assessment was completely inadequate and did not reflect the true risk-HSE think that Harrison Ford could have been killed by the accident. If that is the case and based on current sentencing guidelines the fine is probably fair. If there is any indication that the fine was “bumped up” because of Mr Ford’s high profile, then we can expect that the film company will appeal it. Ironically, one of the effects of increasing H&S fines is likely to be more businesses appealing what they see as excessive fines.

When I started out in H&S (only about 15 years ago) fines were derogatory. At that time a local authority, pleaded guilty to H&S breaches when they allowed  a member of their staff to use a ride on mower on a steep bank (below some city walls-guess the city). The magistrate wanted a higher fine impose so he referred the case to the Crown Court but the judge only imposed a fine of £21,000 just above what was the maximum fine that could be imposed by the magistrates court (Then set at £20000).  

Invictus  
#33 Posted : 13 October 2016 08:56:46(UTC)
Rank: Super forum user
Invictus

It was fined because they didn't share the assessment with Ford.

jwk  
#34 Posted : 13 October 2016 09:00:46(UTC)
Rank: Super forum user
jwk

Round, if you look at what Andy says about culpabilty, and slot that into the published guidelines for a very large company you get very high culpability and harm category 2 or 3. At harm category 2 the indicated penalty starts at 2,000,000; for harm category 3 it's 1,000,000. Either way a fine of £1.6 million is definitely on par,

John

RayRapp  
#35 Posted : 13 October 2016 09:10:33(UTC)
Rank: Super forum user
RayRapp

The problem with HSE's account of Mr Ford's accident is that most notable accidents could have resulted in a fatality in slightly different circumstances. Likewise, when scrutinised most RAs are inadequate.
jwk  
#36 Posted : 13 October 2016 09:14:35(UTC)
Rank: Super forum user
jwk

Fair points Ray, but as for your second one, maybe the new guidelines might push people to be better at assessing risk?

John

walker  
#37 Posted : 14 October 2016 07:24:47(UTC)
Rank: Super forum user
walker

In the Harrison Ford case, didn't I read that the H&S bloke had previously told the company this door was dangerous, but was ignored.

That alone ought to have incurred at least a million

Graham  
#38 Posted : 14 October 2016 08:27:32(UTC)
Rank: Forum user
Graham

Originally Posted by: Invictus Go to Quoted Post

It was fined because they didn't share the assessment with Ford.

Where does it say the risk assessment has to be shared with the employee?

A risk assessment is a management tool to allow them to decide what controls are required. It is only incumbent upon the management to ensure their staff comply with all the controls they (the management) deem are required.

Employees do not need to see the risk assessment, good practice to share it with them but I very much doubt Mr Ford would have read such a document, he has other things on his mind, and he didn’t have control over what the set was doing anyway.  His job was to run through the door and say the words the script writer had written.

A Kurdziel  
#39 Posted : 14 October 2016 08:45:33(UTC)
Rank: Super forum user
A Kurdziel

Graham-

I think that they were referring to Management of Health and Safety at Work Regulation 10

Information for employees

“10(1) Every employer shall provide his employees with comprehensible and relevant information on— (a) the risks to their health and safety identified by the assessment; and (b) the preventive and protective measures; c) … (d)… and (e) the risks notified to him in accordance with regulation 11(1)(c)-which is about “taking all reasonable steps to inform the other employers concerned of the risks to their employees' health and safety arising out of or in connection with the conduct by him of his undertaking” –this is relevant in a film studio since there will be a number of employers working together for example the director might be employed by the production company while the special effects people are another undertaking and the actors  might be employed by another company.

walker  
#40 Posted : 14 October 2016 10:55:33(UTC)
Rank: Super forum user
walker

Originally Posted by: walker Go to Quoted Post

In the Harrison Ford case, didn't I read that the H&S bloke had previously told the company this door was dangerous, but was ignored.

That alone ought to have incurred at least a million

Cut & paste from HSE website:

The risk of the door causing a serious injury or death had been highlighted by one of the health and safety officers for the production company.

jamesangus47  
#41 Posted : 18 October 2016 10:38:07(UTC)
Rank: Forum user
jamesangus47

Think about the iceberg!

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