Amey SCC Felling sites Sheffield 2018 HSE RIDDOR or other complaints

Nicola Gilbert made this Freedom of Information request to Health and Safety Executive

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Health and Safety Executive,

This is the follow-up to an an-answered e-mail request to HSE of 2nd July, 2018.

I would like to enquire about RIDDOR or other complaints received by your organisation regarding incidents taking place at Amey / Sheffield City Council felling sites as specifically mentioned below. I presume they are reportable under the regulations .

My request relates to information included in a South Yorkshire Police report
produced by the Advisory Panel on Policing Protests entitled Policing Sheffield’s Trees Protests, dated 12th June, 2018
http://www.southyorkshire-pcc.gov.uk/Doc...

I'm interested in the two items: 6.1 & 6.2. as quoted below:

"6.1
An incident on 22 January 2018, in Meersbrook Park Road, Sheffield, S2, was the trigger for a change in policing approach. It would not be right to go into these events in detail at this stage because they are subject to investigation and potential criminal proceedings. What can be said, however, is that Amey’s security team used force to remove protestors from inside the safety zone, and in the process,a security officer’s wrist was broken. Work on the tree felling programme was then suspended for a period.

6.2
On 21 February 2018, SCC announced that work had to be abandoned at
Nether Edge Sheffield, S7. Its statement said that protestors appeared to be using dangerous tactics such as pulling and cutting safety ropes, studding trees with nails and glass and using oil which could cause chain saws to slip."

Please can you specify whether or not you have received RIDDOR complaints relating to either the broken wrist cited in 6.1 or the various 'dangerous tactics' alleged in 6.2. If you did receive complaints about either or both of them, please can you give me all available details about what occurred and the follow-up procedures.

6.1. may have concerned an Amey SIA sub-contractor.

I appreciate your assistance and look forward to hearing from you.

Best wishes,

Yours faithfully,

Nicola Gilbert

Health and Safety Executive

Thank you for emailing the Health and Safety Executive. This is an automatic acknowledgement to tell you we have received your email.

Please note this email account is for the submitting of FOI requests via the 'whatdotheyknow' website only. For all other FOIs requests please refer to http://www.hse.gov.uk/foi/your-right-to-...

HSE publishes a comprehensive range of information and guidance on our website. You can find out what the health and safety law requires by searching under the relevant topic or industry section, and all of our publications are free to download. HSE does not operate a telephone helpline for general health and safety information. If you need to engage the services of a health and safety consultant, you may wish to visit the Occupational Safety and Health Consultants Register (OSHCR).

If your email is a request for advice, please visit http://www.hse.gov.uk/contact/informatio...

If your email is about a concern, please visit http://www.hse.gov.uk/contact/complaints...

If you wish to report an incident, please visit http://www.hse.gov.uk/riddor/index.htm

Thank you for contacting the Health and Safety Executive.

Health and Safety Executive

Dear Sir/Madam,

Freedom of Information Request Reference No: 201807238

Thank you for your request for information about:

Amey Tree Felling RIDDORs

Your request was received on 18/07/18 and I am dealing with it in accordance with the Freedom of Information Act 2000. Under the terms of the Act you are entitled to a response within 20 working days of receipt.

If we cannot meet this deadline we will let you know the reasons and tell you when you can expect a response.

In some circumstances a fee may be payable and if that is the case, I will let you know.

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely,

Chloe Gibbard

Chloe Gibbard
Freedom Of Information Officer
 Health & Safety Executive, Foundry House, Riverside Exchange, 3 Millsands, Sheffield, S3 8NH
: +44   0203 028 4942 | :: [email address]

show quoted sections

Health and Safety Executive

1 Attachment

Dear Sir/Madam,

 

Freedom of Information Request Reference No: 201807238

 

Thank you for your request for information about:

 

Amey Tree Felling RIDDORs

 

Your request was received on 17/07/18 and I am dealing with it under the
terms of the Freedom of Information Act 2000 (the Act). Searches on the
RIDDOR database, were conducted and I am writing to advise you that the
information you requested is not held by the Health and Safety Executive.

 

HSE are aware of the incident mentioned in section 6.1 but are not making
further enquiries as it does not meet our mandatory investigation
criteria.

 

In addition, my colleague in the Concerns and Advice Team, James Rattigan,
would like to add: In response to your email dated 2^nd July 2018. The
report was not produced by the Health & Safety Executive (HSE), therefore
it would not be appropriate for HSE to comment on the report, produced by
South Yorkshire Police (SYP). If you require clarification about any
statements made in the report, please contact SYP.

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

 

If you are unhappy with the Freedom of Information disclosure decisions
made by HSE you may ask for an internal review within two calendar months
of the date of this letter by writing to me.

 

If you are not content with the outcome of the internal review you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

Fax: 01625 524510

Email: [1][email address]

Website: [2]http://www.informationcommissioner.gov.uk

 

Yours sincerely,

 

Chloe Gibbard

 

[3]cid:image003.jpg@01D16D55.2740A210

Chloe Gibbard

Freedom Of Information Officer

 Health & Safety Executive, Foundry House, Riverside Exchange, 3
Millsands, Sheffield, S3 8NH

(: +44   0203 028 4942 | *: [4][email address]

 

show quoted sections

 

 

References

Visible links
1. mailto:[email address]
2. http://www.informationcommissioner.gov.uk/
4. mailto:[email address]

Dear Health and Safety Executive,
Thank you for your reply of 25th July. I would appreciate some clarification regarding the handling of these two serious allegations.. As you know my request relates to information included in a South Yorkshire Police report
produced by the Advisory Panel on Policing Protests entitled Policing Sheffield’s Trees Protests, dated 12th June, 2018
http://www.southyorkshire-pcc.gov.uk/Doc...
I'm interested in the two items: 6.1 & 6.2. as quoted below:
"6.1
An incident on 22 January 2018, in Meersbrook Park Road, Sheffield, S2, was the trigger for a change in policing approach. It would not be right to go into these events in detail at this stage because they are subject to investigation and potential criminal proceedings. What can be said, however, is that Amey’s security team used force to remove protestors from inside the safety zone, and in the process,a security officer’s wrist was broken. Work on the tree felling programme was then suspended for a period."

In your reply you say HSE are aware of the broken wrist incident mentioned in section 6.1 but are not making
further enquiries as it does not meet your mandatory investigation
criteria. Please could you help me with this. How were you made aware of it? Also please could you explain in what way it does not meet your criteria for mandatory investigation.

"6.2
On 21 February 2018, SCC announced that work had to be abandoned at
Nether Edge Sheffield, S7. Its statement said that protestors appeared to be using dangerous tactics such as pulling and cutting safety ropes, studding trees with nails and glass and using oil which could cause chain saws to slip."

In your reply you say that searches (for 6.1 & 6.2) on the
RIDDOR database, were conducted and no information is held by the Health and Safety Executive.

Is it not the case that there is a duty to report serious work-related incidents (of the type of 6.1 and 6.2) to HSE?

I appreciate your assistance and look forward to hearing from you.

Yours faithfully,

Nicola Gilbert

Health and Safety Executive

Thank you for emailing the Health and Safety Executive. This is an automatic acknowledgement to tell you we have received your email.

Please note this email account is for the submitting of FOI requests via the 'whatdotheyknow' website only. For all other FOIs requests please refer to http://www.hse.gov.uk/foi/your-right-to-...

HSE publishes a comprehensive range of information and guidance on our website. You can find out what the health and safety law requires by searching under the relevant topic or industry section, and all of our publications are free to download. HSE does not operate a telephone helpline for general health and safety information. If you need to engage the services of a health and safety consultant, you may wish to visit the Occupational Safety and Health Consultants Register (OSHCR).

If your email is a request for advice, please visit http://www.hse.gov.uk/contact/informatio...

If your email is about a concern, please visit http://www.hse.gov.uk/contact/complaints...

If you wish to report an incident, please visit http://www.hse.gov.uk/riddor/index.htm

Thank you for contacting the Health and Safety Executive.

Health and Safety Executive

Dear Nicola,

Please see below response from James Rattigan:

The broken wrist incident you refer to was raised with us through our reporting systems by a member of the public. The HSE Principal Inspector was made aware of the incident and as it didn’t meet the incident selection criteria no further action was taken.

Any incidents involving the interference of safety equipment by members of the public referred to in 6.2 of the report, are matters for the Police and not HSE.

Information about our incident selection criteria can be found via this link: www.hse.gov.uk/enforce/incidselcrits.pdf.

Yours sincerely,

James Rattigan | Concerns Handling Officer
Concerns and Advice Team | Operational Services Division

Health & Safety Executive | Redgrave Court, Merton Road, Bootle, L20 7HS

www.hse.gov.uk
Join the conversation #HelpGBWorkWell.
Follow HSE on Twitter, YouTube, LinkedIn and Pinterest

show quoted sections

Dear Health and Safety Executive,

I write again regarding the broken wrist incident which featured in the previously mentioned South Yorkshire Police report produced by the Advisory Panel on Policing Protests entitled Policing Sheffield’s Trees Protests, dated 12th June, 2018. This incident was considered sufficiently serious to be " the trigger for a change in policing approach."
http://www.southyorkshire-pcc.gov.uk/Doc...

In your reply of 27th July you stated that: " The HSE Principal Inspector was made aware of the incident and as it didn’t meet the incident selection criteria no further action was taken. "

Please could you explain in detail what "incident selection criteria" it failed to meet and how it failed to meet them.

Thank you very much,

Yours faithfully,

Nicola Gilbert

Health and Safety Executive

Thank you for emailing the Health and Safety Executive. This is an automatic acknowledgement to tell you we have received your email.

Please note this email account is for the submitting of FOI requests via the 'whatdotheyknow' website only. For all other FOIs requests please refer to http://www.hse.gov.uk/foi/your-right-to-...

HSE publishes a comprehensive range of information and guidance on our website. You can find out what the health and safety law requires by searching under the relevant topic or industry section, and all of our publications are free to download. HSE does not operate a telephone helpline for general health and safety information. If you need to engage the services of a health and safety consultant, you may wish to visit the Occupational Safety and Health Consultants Register (OSHCR).

If your email is a request for advice, please visit http://www.hse.gov.uk/contact/informatio...

If your email is about a concern, please visit http://www.hse.gov.uk/contact/complaints...

If you wish to report an incident, please visit http://www.hse.gov.uk/riddor/index.htm

Thank you for contacting the Health and Safety Executive.

Dear Health and Safety Executive,
This is a prompt as I am waiting for you to satisfactorily answer my questions. I believe they are reasonable and pertinent. It is my understanding that the HSE is a publicly funded body accountable to the public, working in the public interest so could you reply to my question:

Regarding the broken wrist incident which featured in the previously mentioned South Yorkshire Police report produced by the Advisory Panel on Policing Protests entitled Policing Sheffield’s Trees Protests, dated 12th June, 2018. This incident was considered sufficiently serious to be " the trigger for a change in policing approach."
http://www.southyorkshire-pcc.gov.uk/Doc...
In your reply of 27th July you stated that: " The HSE Principal Inspector was made aware of the incident and as it didn’t meet the incident selection criteria no further action was taken. "
Please could you explain in detail what "incident selection criteria" it failed to meet and how it failed to meet them.

Thank you very much,

Yours faithfully,

Nicola Gilbert

Health and Safety Executive

Thank you for emailing the Health and Safety Executive. This is an automatic acknowledgement to tell you we have received your email.

Please note this email account is for the submitting of FOI requests via the 'whatdotheyknow' website only. For all other FOIs requests please refer to http://www.hse.gov.uk/foi/your-right-to-...

HSE publishes a comprehensive range of information and guidance on our website. You can find out what the health and safety law requires by searching under the relevant topic or industry section, and all of our publications are free to download. HSE does not operate a telephone helpline for general health and safety information. If you need to engage the services of a health and safety consultant, you may wish to visit the Occupational Safety and Health Consultants Register (OSHCR).

If your email is a request for advice, please visit http://www.hse.gov.uk/contact/informatio...

If your email is about a concern, please visit http://www.hse.gov.uk/contact/complaints...

If you wish to report an incident, please visit http://www.hse.gov.uk/riddor/index.htm

Thank you for contacting the Health and Safety Executive.

FOIRequests, Health and Safety Executive

Dear Nicola

James Rattigan supplied a link to our incident selection criteria in the response on 27 July 2018.

We don’t investigate everything that is reported to us, only the most serious work-related incidents, injuries or cases of ill health – in line with our incident selection criteria.

Please see the following link - http://www.hse.gov.uk/enforce/incidselcr...

Please see section 2A this outlines when we would investigate a specified injury. We would investigate if there was ` Serious multiple fractures (more than one bone, not including wrist or ankle)'.

Yours sincerely

Helen McGlown PC.foi | Information Management Unit | Freedom of Information Unit Health & Safety Executive | 1.3. Redgrave Court, Merton Road, Bootle L20 7HS |

show quoted sections