Current Issues ADIPS IB Conference 13 December 2011 Drayton Manor

IB Conference Topics RIDDOR Reporting ICC/Infoline Review of Guidance/Lofstedt Review HSE Website FESS/JR Crazy Frogs Tagada S&T Control Systems Recent Accidents NFIT next year Fee for intervention

RIDDOR Online reporting only except for fatal or major injuries – Remote? Trying to get exemption or reporting through 3 rd party. ICC number remains the same Members of the public cannot report – complaint system Known problems with forms and database – being addressed Changes to what must be reported & when still under review – 7 days?

ICC/Infoline Trying to deliver services more efficiently HSE InfoLine now closed HSE Website Outside help – Consultants database etc Gas safety advice line opening Incident Contact Centre Deaths and major injuries only by ‘phone Will still collate Stats Major out of hours things to Police and HSE Duty Officer as before

Review of guidance/Lofstedt Review Internal review of guidance All HSE Guidance being reviewed – guidance/‘soft law’ Accurate, appropriate, relevant, not elsewhere, needed – keep If not, can it be reviewed to become above If not then withdraw All to be reviewed regularly Lofstedt Review Review of legislation – keep/amalgamate/downgrade/withdraw Report now out Most still good but 50+ Regs to go. All to be reviewed to clearly identify law/guidance

HSE Website Much of year reviewing and rewriting new website Old site went off line end Sep 2011, new one came up straight away Intention to make it more useful More input allowed from HSE Sector people Aspiration to create resource base – HSL/Specialist Reports etc Ideas welcome

FESS/Judicial Review FESS V little heard about FESS recently Interested if you know more Judicial Review (x2) Dr Gary Fawcett v HSE – Was V wide resulting from Frog Alert. Now about whether HSE has made it clear that Controllers can use bodies outside ADIPS. FESS v South Kesteven – Whether a Council has the right to say FESS cannot work on a fair site/DOCs not accepted. Probably 24 Feb.

Crazy Frogs Known connected problems Control system - uncommanded functions Ergonomics Fatigue – NDT Intention to get HSL involved to produce Possible fix for known control problems Full ergonomic report and advice on restraint/containment Engineering study to identify parts/areas requiring NDT and how this is to be done.

Tagada Long awaited HSL report on Tagada now out An ejection risk exists and is in the highest band in BS EN Options Physical restrictions on controls Restraints – overhead Reduce speed – forces Reduce ram speeds NFIT workplan next year – proof cannot eject

S&T Control Systems Ever more common & complex More accidents/incidents related to control systems Outsider ability to alter software Who checks what, how and when? HSL looking at options; Enhanced check at DR stage Checks by IB annually – function test to see if system is doing the safe thing. ?

Recent Accidents Partial scalping on a Go Kart 3yr old lost a finger in a funhouse Loading ramp came up during ride on KMG Afterburner Failure of Surf Rider at Skegness Passenger ejection on Log Flume at Bridlington 15yr old boy ejected from Excalibur at Camelot Park

NFIT 2011/12 Poor performers – trying to get more IBs Controllers/Operators Machines Frogs Tagada Flumes Orbiter seats Kolmax Miami Matters of evident concern Electrics WAH

Fee for Intervention Basic principle – Those who commit material breaches should pay for the Regulator’s time to investigate and correct. Health and Safety (Fees) Regulations 2010 being extended Government has agreed the principle and trials going on now with view to starting next April Where, in the opinion of the Inspector a material breach has been committed, he will, from the time the decision is made and the dutyholder is notified in writing, start to record the time spent so that the dutyholder in breach can be billed. Time spent writing letters, writing and issuing Notices, collecting evidence, visiting sites, seeking advice and Specialist evidence will all be charged. HSL etc charged at cost.

Fee for Intervention Each Inspector/Specialist will charge for their time. Hourly rate not yet published, likely to be around £130 per hour per person. Costs will continue to accrue until charges are laid and these costs are separate and in addition to any court costs. Recovery will be in house and/or by the Courts. Time spent resolving disputes will be charged at the same rate if dispute is not upheld. Exemptions are few. e.g. self employed working in situation where only they are at risk.

Fee for Intervention Charges may apply even if the issue has been resolved before the Inspector arrives Costs can be shared between dutyholders Non discretionary LAs not involved at present Can be seen that costs will quickly mount!

Fee for Intervention InterventionEstimated costs recovered Inspection with no action takenNo costs will be recovered Inspection which results in a letterApproximately £750 Inspection which results in an Enforcement Notice Approximately £1500 InvestigationsRanging from approximately £750 through to several thousands of pounds to, in extreme cases, tens of thousands of pounds

The End