In 2005 the Government published the Control of Vibration
at Work Regulations which set out a legal framework which employers must follow
to avoid and eliminate this nasty workplace injury. The Health and Safety Executive
(HSE) has also published lots of advice to employers about how to prevent this
type of injury. But it would appear that
managers at Thanet Council may have ignored the regulations and advice and possibly
tried to cover up their tracks with
misleading information. This might be why the HSE have launched a major enquiry
into the cases of white finger at Thanet Council to find out what went wrong
and why.
When the problem first came to light at the end of 2014 and
early 2015 TDC also announced that it would launch its own enquiry into what many believe to have been criminal neglect of the health and safety of large number of council workers. At a meeting
of Thanet Council’s UKIP controlled Cabinet on 22 October, it was reported that
this enquiry, carried out by an independent
expert, has been completed. Having an interest in this matter I tried to get
hold of a copy of the report by submitting a Freedom of Information request.
Yesterday I got a reply to my request and surprise, surprise in keeping with its
culture of secrecy, TDC rejected my request.The reasons TDC gave
for refusing my request were based upon the following sections of the Freedom
of Information Act: Section 31(1)(c) (administration of
justice); Section 36(2) (prejudice to the effective conduct of public affairs);
Section 41 (information provided in confidence). TDC also informed me that
their decision not to release the report were because it is “subject to a non-disclosure agreement” and that “disclosure could also
prejudice the outcome of any ongoing investigations and proceedings and
individuals potentially affected by the outcome of those investigations and
proceedings”.
In laypersons terms this council-speak gobbledegook
means that there is a very serious
investigation still going on into the alleged breaches of safety regulations
(the HSE investigation I presume ) and that the release of this report could
undermine it. It also means that there is a string possibility of a criminal prosecution of TDC and/or individual council officers for neglecting the health and safety of
council staff and breaching safety laws
and regulations. Last but least the mention of confidentiality and
non-disclosure can only mean that council staff have come forward and provided evidence
about what might be the reckless neglect of duties by those who should have
known better.
For once I am inclined to agree with TDC that this report should, for the time being,
remain secret until due process is completed. However, once due process is
completed TDC’s report and the HSE’s report should be published so that people
are able to make their own judgement about what many believe to have been institutional
incompetence, neglect and falsification which has ruined the lives of a large
group of council staff. Senior officers
and political bosses at TDC should not try to cover-up the truth about what happened
once the legal processes are over.
I only hope that the non-disclosure agreement
is not an agreement with any of those managers who might have been in any way responsible
for the allowing this terrible situation to have happened. If the investigations reveal any
personal culpability then those responsible
should be named and shamed and, if they broke the law, prosecuted. There must be no secret deals which
might let people evade responsibility for ruining other peoples lives.
A nondisclosure agreement would not be signed knowing foi is in place. Who are the councillors and officials involved in this issue?
ReplyDelete