Dear Health and Safety Executive,
I refer to a FoI request made to you by a colleague on 15 March 2023: https://www.whatdotheyknow.com/request/t...

Despite your legal obligation to respond in timely manner you have failed to do make any response at all.

I am therefore re-submitting the same request in my own name in the expectation that you will reply within 20 working days.
Ordinarily, in the normal course of events, should you not reply within that time period I would request an internal review.
However, please be aware that under these exceptional circumstances where you have failed to make any response whatsoever after NINE MONTHS, I shall immediately refer the matter to the ICO.

My FoI request is as follows:

Background: I refer to this document dated 26 March 2020 : Keeping healthcare workers safe - https://www.gov.scot/news/keeping-health... which relates to 1.5 million FFP respirators being brought back into use and issued to healthcare workers despite having passed their expiry date. In this news bulletin the Scottish Government referred to the involvement of yourselves, the HSE, in confirming the stocks were safe for use. The same message was relayed by Professor Willett (20 March 2020) in his letter distributed throughout NHS.
https://wwwmedia.supplychain.nhs.uk/medi... .

There are 5 elements to my FoI request:
As confirmed by Scottish Government and Professor Willett, HSE were provided with the scientific evidence of ‘stringent tests’ which showed the respirators safe to use. You presumably still hold that information, so:
a. Please would you provide me with a copy of the scientific evidence (laboratory reports etc) which was sent to you to review.
b. Please would you provide me with a copy of any correspondence you may have had directly with the laboratories who undertook the scientific tests on the respirators.
c. Please would you provide me with a copy of any reports, letters or other correspondence that HSE sent to any UK Government body or the NHS giving the outcome of your review and whether you gave the proposal your approval or not.
d. It is mentioned that you provided a document in which you “advised individual users of the FFP respirators to visually inspect the equipment to check the integrity of foam seals, straps, valves and nose clips.” Please would you send me the full document from which that text was taken.
e. Please would you provide me with copies of any correspondence (if any) which HSE had with the manufacturers of the respirators (e.g. 3M and perhaps others) to seek their views about the continuation of use beyond the expiry date.

Please note, that if you believe that the time and cost involved exceeds the acceptable limit for responding to such enquiries, then it will be sufficient for you to provide (a) above - just a copy of all the scientific evidence (lab reports etc) which was sent to you to review.

Yours faithfully,

David Osborn

Dear Mr Hadwin,

Thank you for your reply.

I have downloaded the letter and 4 attachments that you sent to Mr Richards, namely email threads with Hull University Hospitals (x2), British Dental Association & one unidentified organisation (RE: RIDDOR and expiry dates of PPE). My understanding is that you are permitted to redact personal data but not that which identifies an organisation, body corporate. Please correct me if I am wrong or identify that organisation.

You ask whether I would like to receive the response to Mr Richards. There is clearly no need to send that in duplicate (so please don’t). However I am afraid that it does not satisfy my FoI as you have not answered the questions that Mr Richards or I actually asked.

I am conscious of not wanting to ask for too much information, knowing the criteria that you may apply, which is why I grouped my FoI into 5 parts (a) to (e) and indicated that (a) copies of the laboratory reports which you were sent to review is the highest priority if your resources are stretched. I already have the Inspec report No 1.20.06.24 (dated 11 June 2020). It is other lab reports which you were sent to review I would like to see please. If this Inspec report was the only one you were sent for comment then it will be sufficient for you just to confirm that.

Of the elements to my request, the other priority would be (c) i.e. correspondence to and from Public Health England, NHS or other Government bodies about the testing of out-of-date masks.

Again, if resources are stretched I would be happy to just receive the correspondence with PHE as they were the “lead authority”.

Yours sincerely,

David Osborn

Dear Health and Safety Executive,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Health and Safety Executive's handling of my FOI request 'DO-12 Testing of FFP3 past expiry date'.

My last contact with Mr Hadwin was on 7 December, almost 40 working days ago. I would have expected to receive the information within 20 working days or at least the courtesy of a notification to let me know that the timeframe would need to be extended.

I did my utmost best to trim the FoI request to a manageable level so that it would not overburden your FOI team's resources. I think the amount of work involved in retrieving and furnishing me with the information I have requested is reasonable and it should surely be possible to accomplish this within the prescribed 'section 12' limitations.

In view of the excessive time for which this request has been outstanding, please would you provide your response within 20 working days (i.e. by 1st March), beyond which time this will be referred to the Information Commissioner's Office

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

David Osborn

Dear Health and Safety Executive,

Please pass this on to the person who conducts Freedom of Information reviews.

I wrote to you in February requesting an internal review of Health and Safety Executive's handling of my FOI request 'DO-12 Testing of FFP3 past expiry date'.

I have not heard anything since, which is quite unsatisfactory.
I remind you that the original request for the information was submitted by a colleague of mine on 15 March 2023. You did not provide him with the required information and so on 16 November I requested the same information.
This has been going on for far too long and you have far exceeded the time specified by the Freedom of Information Act. Please now give this your immediate attention.

For the avoidance of doubt I am requesting details of correspondence between yourselves and Public Health England during 2020 in relation to the "re-lifing" of FFP3 respirator masks that were to be withdrawn from the emergency pandemic stockpile for issue to health and social care workers. In particular, details of the testing which should be undertaken to demonstrate that the respirators complied with the requirements of relevant standards and were therefore safe for use.

My request is also for any laboratory reports of tests carried out on any such respirators which you may have been sent.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

David Osborn

Dear Cameron Hadwin,

Thank you very much.

Yours sincerely,

David Osborn