Seano Posted July 24, 2006 Share Posted July 24, 2006 But its not an accident as you wrote down that you expected it to happen. I don't buy that one. Imo, its still an accident, even though you wrote down that you foresaw (and assessed) a risk of that accident happening. If it isn't an accident then someone has to be at fault. In NZ we have "no fault" compensation provided by a state owned enterprise. Sounds infinitely preferable to a lot of private-sector ambulance chasers trying to drum up business. Whenever I see them trying to drum up business in the street ("Have you had any kind of accident in the last 3 years sir, we could get you some compensation." - I kid you not), I'm severely tempted to 'trip' over their exhibition stand and get straight on the phone to one of their competitors. Seanx Link to comment Share on other sites More sharing options...
Just Some Bloke Posted July 24, 2006 Share Posted July 24, 2006 I'm with Paulears on this one. Personally I do Risk Assessments as part of the "day job" (Production Manager) and, as one of my sidelines, have done Risk Assessment training to production companies. I tell people how important RAs are and how useful they are in avoiding accidents. But there will always be things that no-one should be expected to risk assess for. If I trip on a banana skin is it the fault of the person who dropped the skin on the floor rather than putting it in the bin, or is it my fault for not looking where I was going? Or, and here's the alternative, was it just one of those things that happens sometimes? People will drop litter and other people will not look where they are going sometimes and so, just as those famous monkeys with their typewriters will eventually type Hamlet, someone will eventually slip on a banana skin. It's no-one's job to put in their risk assessment that someone might slip on a banana skin so we better not allow eating fruit in the auditorium. Frankly, all of this is understood by the HSE. They won't be looking at "whose fault was this tragic event?", but simply at "did anyone not do something they should have done?". If they accept that everyone did everything they could reasonably have been expected to do then the HSE will take no further action and put it down as an unfortunate accident. Link to comment Share on other sites More sharing options...
Ellis Posted July 24, 2006 Share Posted July 24, 2006 Frankly, all of this is understood by the HSE. They won't be looking at "whose fault was this tragic event?", but simply at "did anyone not do something they should have done?". If they accept that everyone did everything they could reasonably have been expected to do then the HSE will take no further action and put it down as an unfortunate accident. I would also hope that they are asking three more important questions: 1) What can we learn from this accident?2) What can be done in future to prevent similar accidents?3) Are there any approved codes of practice that need to be updated in light of this incident? Link to comment Share on other sites More sharing options...
Nick S Posted July 24, 2006 Share Posted July 24, 2006 An updated report with info about both investigations here. Link to comment Share on other sites More sharing options...
Guest lightnix Posted January 29, 2009 Share Posted January 29, 2009 Bump for a further update... Artist manslaughter trial opensTwo women in an inflatable artwork that lifted from its moorings died because of the artist's negligence, a court heard yesterday. The Dreamspace structure by Maurice Agis was on tour when the accident happened in Chester-le-Street, Co Durham, in July 2006...Full story here... Another story with pictures It seems that another, similar piece by the same artist was involved in another, similar incident in Germany, twenty years ago (source...). The trial continues... Link to comment Share on other sites More sharing options...
musht Posted January 30, 2009 Share Posted January 30, 2009 Original footage of the accident: http://uk.youtube.com/watch?v=D-GxXBF56qc Link to comment Share on other sites More sharing options...
Guest lightnix Posted February 26, 2009 Share Posted February 26, 2009 Latest news... The artist has been found guilty of charges brought under HASAWA, but the jury have been discharged, after failing to reach a verdict on the charge of manslaughter. See...Inflatable artwork 'broke safety rules' (Guardian)Dreamspace trial jury discharged (BBC) Link to comment Share on other sites More sharing options...
Simon Lewis Posted March 26, 2009 Share Posted March 26, 2009 Maurice Agis was fined £10kBrouhaha International was fined £4kChester-Le-Street District council was fined £20k The CPS decided not to retry the case BBC story here Link to comment Share on other sites More sharing options...
Simon Lewis Posted August 12, 2009 Share Posted August 12, 2009 At appeal, Maurice Agis has had his fine reduced from £10k to £2.5k "because of his inability to pay". BBC News. Link to comment Share on other sites More sharing options...
lightsource Posted August 13, 2009 Share Posted August 13, 2009 Just to go slightly off topic here....... But welcome to The North East of England, an area where, no-one checks to see weather you have PLI, an area where PAT tests are unheard of, an area.....do I really need to go on. As a production company, this is why we're doing a lot of business at the moment. A couple of examples: Venue (Theatre) in North Newcastle: Next test due stickers on all their lighting gear.....Sept 1996, and that was the days before PAT testing ( or whatever you define your testing regime to be). One venue had their monitor mixing console facing the back wall of the stage. Another has a 3u 3x32A stage distro supplied bu 2.5mm twin and earth. I could go on, but I think you get the point...... In my 5 years in this industry, and many hundreds of jobs on, I've only been asked once if I'm pat tested and have PLI, and that was for a job in Durham Castle. I said yes, but they never asked for documentation :) Link to comment Share on other sites More sharing options...
Stutwo Posted August 16, 2009 Share Posted August 16, 2009 In my 5 years in this industry, and many hundreds of jobs on, I've only been asked once if I'm pat tested and have PLI, and that was for a job in Durham Castle. I said yes, but they never asked for documentation <_< Try working more of the Durham university events! If you weren't asked for documentation, you were actually quite lucky. Usually the PAT test and fire retardancy registers are scrutinised and it's made clear the event will not go ahead without a very recent (in the last month usually) test for everything. Then often a piece of kit will be lifted to prove it has a matching sticker and entry, or a sample of draping put over a lighter. I've seen both done. But in general, yes, I think the sparsity of venues up here does lead to a more relaxed attitude on this, and occasionally, even common sense breaks through. Link to comment Share on other sites More sharing options...
sleah Posted August 16, 2009 Share Posted August 16, 2009 Just to go slightly off topic here....... But welcome to The North East of England, an area where, no-one checks to see weather you have PLI, an area where PAT tests are unheard of, an area.....do I really need to go on. SNIP In my 5 years in this industry, and many hundreds of jobs on, I've only been asked once if I'm pat tested and have PLI, and that was for a job in Durham Castle. I said yes, but they never asked for documentation :huh: This seems to be true (to a point) in the North West.When I have my mobile DJ hat on, I have PLI and the kit is PAT tested. In close on 20years of (occasional :blink: ) DJing, I have been asked to prove PLI & PAT once. That was last year by the social club of a local rather large pharmacutical company.Apparently the local council insist on PLI/PAT to work in council venues, but it's a good many years since I did so can't comment.Private venues, social clubs, pubs, community centres etc don't seem to be interested, or more likely, are blissfully unaware <_< Link to comment Share on other sites More sharing options...
lightsource Posted August 16, 2009 Share Posted August 16, 2009 Stutwo - I think there may have been a second occasion - St Aidens, round about 2006. So at this rate, we should be ready to conform with BS7909, in about 2035, or thereabouts <_< Link to comment Share on other sites More sharing options...
Simon Lewis Posted May 5, 2010 Share Posted May 5, 2010 Update - court says deaths were accidental... Link to comment Share on other sites More sharing options...
Simon Lewis Posted May 16, 2011 Share Posted May 16, 2011 One year on... the high court blames the promoter and the council.... Link to comment Share on other sites More sharing options...
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