Records of HSE Investigations into GAIA Wind Turbine tower collapses

The request was partially successful.

Dear Health and Safety Executive,
Please could you supply all records relating to HSE investigations into collapsed GAIA wind turbines since 2010, including but not limited to service order no. SVC 4260326, Assessment of GAIA Wind Turbine Failure, dated 12th Sept 2013. This should include copies of correspondence between HSE and GAIA Wind.

I would also like to see a copy of ES/13/54 - Design Assessment for the GAIA-Wind 11kW Wind Turbine prepared by C J Rudall of Health and Safety Laboratories.

Yours faithfully,

Justin Ford

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 Mr Ford,

Freedom of Information Request Reference No: 201604109

Thank you for your request for information relating to HSE investigations into GAIA Wind Turbine collapses.

Your request was received on 7 April 2016 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 email, please contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely

Sarah Thomas
FOI Officer
Wales, Midlands & South West Division
Health & Safety Executive | Floor 3 | Regent House | Regent Street | Wrexham LL11 1PR |
VPN: 537 6005 | Tel: 01978 316005 | Fax:  01978 355669
 
Swyddog Rhyddid Gwybodaeth
Cymru a Chanolbarth a De Orllewin Lloegr
Awdurdod Gweithredol Iechyd a Diogelwch | Llawr 3 | Ty'r Rhaglaw | Stryt y Rhaglaw | Wrecsam LL11 1PR

show quoted sections

Health and Safety Executive

Dear Mr Ford

Freedom of Information Request Reference No: 201604109

Further to your request for information under the Freedom of Information Act, which was received on 7 April 2016, I am writing to let you know that the time limit for response needs to be extended.

Although the Act normally requires us to send a response within 20 working days, it is sometimes necessary to extend this limit in certain circumstances.

In this case we will need to extend the response deadline by a further 4 weeks because the information you have asked for needs to be considered under one of the Act's exemptions where a public interest test applies. This means that we need to assess whether the public interest in disclosing the information outweighs the public interest in withholding it, and extra time can be allowed for this deliberation.

The particular exemptions we are considering are section 30 (investigations and proceedings conducted by public authorities) and section 43 (commercial interests).

I hope to let you have a response by 3rd June 2016 and I would like to apologise for any inconvenience this delay may cause. In the meantime, if you have any queries about this email please contact me quoting the reference number above.

If you are unhappy with the 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:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545700
Fax: 01625 524510
Email: [email address]
Website: http://www.informationcommissioner.gov.uk

I may have difficulties sending the response by email due to files sizes so please could you let me know your postal address in the meantime.

Yours sincerely

Sarah Thomas
FOI Officer
Wales, Midlands & South West Division
Health & Safety Executive | Floor 3 | Regent House | Regent Street | Wrexham LL11 1PR |

Swyddog Rhyddid Gwybodaeth
Cymru a Chanolbarth a De Orllewin Lloegr
Awdurdod Gweithredol Iechyd a Diogelwch | Llawr 3 | Ty'r Rhaglaw | Stryt y Rhaglaw | Wrecsam LL11 1PR

show quoted sections

Health and Safety Executive

Dear Mr Ford

 

Environmental Information Regulations Request

Reference No: 201604109

 

Further to your request for information on 7 April 2016, which is now
being considered under the Environmental Information Regulations 2004, I
am writing to let you know that, unfortunately, the time limit for
response needs to be extended further.

 

Although the Regulations normally require us to send a response within 20
working days, it is sometimes necessary to extend this limit in certain
circumstances.

 

In this case we will need to extend the response deadline by a further 3
weeks because of the complexity of your request, specifically because of
the complex considerations required in relation to commercial
sensitivities and information provided in confidence Reg 12(5)(e).

 

I hope to let you have a response by 24^th June 2016 and I would like to
apologise again for any inconvenience this delay may cause. In the
meantime, if you have any queries about this letter please contact me
quoting the reference number above.

 

If you are unhappy with the 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:

 

The 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

 

I may have difficulties sending the final response by email due to files
sizes so please could you let me know your postal address in the meantime.

 

Yours sincerely

 

Sarah Thomas

FOI Officer

Wales, Midlands & South West Division

Health & Safety Executive | Floor 3 | Regent House | Regent Street |
Wrexham LL11 1PR |

VPN: 537 6005 | Tel: 01978 316005 | Fax:  01978 355669

Weds/Fri 8:30 - 18:00

 

Swyddog Rhyddid Gwybodaeth

Cymru a Chanolbarth a De Orllewin Lloegr

Awdurdod Gweithredol Iechyd a Diogelwch | Llawr 3 | Ty'r Rhaglaw | Stryt y
Rhaglaw | Wrecsam LL11 1PR

 

 

 

show quoted sections

Health and Safety Executive

2 Attachments

Dear Mr Ford

 

Environmental Information Regulations Reference No: 201604109

 

Thank you for your request for the following:

 

"All records relating to HSE investigations into collapsed GAIA wind
turbines since 2010, including but not limited to service order no
SVC4260326, Assessment of GAIA Wind Turbine Failure, dated 12th September
2013. This should include copies of correspondence between HSE and GAIA
Wind. Also to include ES/13/54 - Design Assessment for the GAIA- Wind 11kW
Wind Turbine prepared by C J Rudall of HSL."

 

Your request was received on 7th April 2016 and I am dealing with it under
the terms of the Environmental Information Regulations 2004. I emailed you
on the 6th May 2016 and the 3rd June 2016 to explain why it has been
necessary to extend the original deadline for response.

 

Attached is a spreadsheet which I can confirm contains all documents that
meet your specific request. The spreadsheet indicates whether we are
releasing in part or in full and any exceptions to the disclosure
requirements of the Regulations which may apply.  The documents released
are also attached to this email.

 

You will see that some information contained within all of the documents
has been blacked out (known as redaction) because the information is
personal data relating to third parties. This information is therefore
exempt from disclosure under Regulation 13 of the EIRs as release would
contravene the data protection principles contained within the Data
Protection Act 1998.  This is an absolute exception and therefore not
subject to the public interest test.

 

Please note that an address in documents 2 and 3 has been redacted because
the address is incorrect and out of scope of the request.

 

Document 4 is already available online through the 'what do they know'
website. You can find this by clicking on the following link
[1]https://www.whatdotheyknow.com/request/d...

 

Parts of document 6 have been withheld subject to the exception in
Regulation 12(5)(e).  As this is a qualified exception that is subject to
the public interest test, HSE has to balance the public interest factors
favouring disclosure against those favouring non-disclosure

 

In this case I consider the factors in favour of disclosure to be: 

 

•             The general presumption of disclosure within the
regulations;

 

•             Increased transparency building public confidence in the
investigation/prosecution process.

 

With the factors against disclosure being:

 

•             The general public interest in ensuring that public
authorities are able to carry out their functions, including their law
enforcement and regulatory functions, properly;

 

•             the benefits to health and safety of information being
voluntarily given to HSE.  Information received in this way is invaluable
in protecting public health and its disclosure for other purposes would
damage HSE’s ability to gather such information in the future;

 

•             Disclosure may affect the confidentiality of commercial or
industrial information where such confidentiality is provided by law to
protect a legitimate economic interest.

 

In the light of these factors, I have concluded that the balance of public
interest is not in favour of disclosing this information to you.

 

Parts of document 5 and 7 contain information that falls under the
exception in Regulation 12(5)(b). Regulation 12(5)(b) of EIRs states that
a public authority may refuse to disclose information to the extent that
its disclosure would affect the course of justice, the ability of a person
to receive a fair trial or the ability of a public authority to conduct an
inquiry of a criminal or disciplinary nature. I have concluded that
because the information in question was gathered as part of an HSE
investigation, its disclosure for other purposes would damage our ability
to gather similar information in the future. This would adversely affect
both the course of justice and our ability to conduct lawful enquiries.

 

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You may re-use this information
(not including logos) free of charge in any format or medium, under the
terms of the Open Government Licence. To view this licence, visit
http://www.nationalarchives.gov.uk/doc/o... or write
to the Information Policy Team, The National Archives, Kew, London TW9
4DU, or e-mail: [email address].

 

Information you receive which is not subject to Crown Copyright continues
to be protected by the copyright of the person, or the organisation, from
which the information originated. You must ensure that you gain their
permission before reproducing any third party (non Crown Copyright)
information.

 

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

 

If you are unhappy with the 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:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

Fax: 01625 524510

Email: [email address]

Website: http://www.informationcommissioner.gov.uk

 

Yours sincerely

 

 

Sarah Thomas

FOI Officer

Wales, Midlands & South West Division

Health & Safety Executive | Floor 3 | Regent House | Regent Street |
Wrexham LL11 1PR |

VPN: 537 6005 | Tel: 01978 316005 | Fax:  01978 355669

 

Swyddog Rhyddid Gwybodaeth

Cymru a Chanolbarth a De Orllewin Lloegr

Awdurdod Gweithredol Iechyd a Diogelwch | Llawr 3 | Ty'r Rhaglaw | Stryt y
Rhaglaw | Wrecsam LL11 1PR

 

show quoted sections

 

 

References

Visible links
1. https://www.whatdotheyknow.com/request/d...

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org