Report - Fire Brigades Union

SECTION J — HEALTH & SAFETY
a number of arrests of Warwickshire FBU members. Support
mechanisms are in place for these personnel as it is also for
the families of the deceased.
Co-operation with the HSE and Warwickshire police has
continued but the investigating team is still coming up against
barriers to accessing information.
The executive council recognises the extreme pressure placed
on officials when carrying out the investigation and has
endeavoured to provide all necessary support.
J14 Dalry Road, Edinburgh
(Lothian and Borders)
It is now almost two years since the tragic death of Ewan
Williamson at the Balmoral Bar on Dalry Road in Edinburgh.
At the current time Lothian and Borders police (LBP), who are
working under the direction of the Crown Office Procurator
Fiscal Service (COPFS), are continuing with the investigation
into the circumstances of the fire at the Balmoral Bar.
We continue to have good contact with Lothian and Borders
police and the HSE.
During the last 20 months the HSE has issued several safety
critical bulletins to address concerns raised during the police
investigation. We have followed that up by identifying seven
safety critical issues which we have communicated to COPFS,
LBP, HSE and Lothian and Borders FRS.
The legal process has been slow and, at times, frustrating. In
Scotland, as a result of an accident at work, a fatal accident
inquiry (FAI) will be held. An FAI is essentially a fact-finding
exercise carried out in the public interest. The rules of
evidence and the standard of proof are as for civil cases in
Scotland. The purpose of an FAI is to determine:
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where and when the death took place;
the cause of death;
reasonable precautions whereby the death might have
been avoided;
the defects, if any, in any system of working which
contributed to the death or any accident resulting in the
death; and
any other relevant facts relevant to the circumstances of
the death.
We are hopeful that this legal process will ensure that any FBU
recommendations can be accepted and incorporated into the
procedures used in the FRS across Scotland and the rest of
the UK.
The FBU investigation report will be completed in 2011.
J15 Shirley Towers, Southampton
(Hampshire)
The Hampshire police have completed their part of the
investigation into the deaths of Bro Alan Bannon and Bro
James Shears. Their report has been submitted to the HSE for
its consideration and they have discussed policies and
procedures with specific Hampshire fire and rescue service
(HFRS) managers, e.g. training.
The police have also handed to HFRS and the FBU most of the
transcripts and recordings from the fire service witnesses,
which include Hampshire control staff. The FBU has agreed
with Hampshire FRS to share information with the aim of
producing separate investigation reports and
recommendations. Progress was slowed awaiting release of
information by the police, due to a request of confidentiality
clauses. This has now been sorted and the FBU and the HFRS
accident investigation team (AIT) continue to meet regularly.
The FBU team is busy correlating the information from the
witnesses into its report.
A modelling exercise has not been completed on the flat fire
development in the high-rise block. This has delayed the
release of the fire investigation report which cannot be
concluded without it. A coroner’s inquiry is still pencilled in for
July 2011 but this timescale could easily slip due to the reports
not being completed.
As an interim measure HFRS has consulted with West Sussex
and has formed a strategic body to action any significant issues
that have been uncovered as part of the joint investigation. The
service and the FBU can put issues on the agenda here to be
actioned.
The FBU has examined the HSE report of the inspection of
Hampshire FRS carried out in May 2009 and the consolidated
inspection report October 2010. The FBU team is focusing on
the underlying causes, such as failures in risk control systems
and management arrangements for fires in high-rise buildings
as identified by the HSE, along with incident command,
bridgehead command and BA control measures.
Before annual conference a review of the investigation will
have taken place and it is hoped that we will be able to
progress the safety-critical areas of a firefighter’s work.
J16 SNSPP and FBU – Channel
Tunnel
On 26 February 2010 representatives from all stakeholder
trade unions attended a meeting called by the Channel Tunnel
160 FBU Annual Report 2011