Talk given by Michael Toomey

TUC/CCA Conference, 8 July 2002 on
 “Law Enforcement and Corporate Accountability”

Introduction

My name is Michael Toomey and before I start I would like to thank the CCA for giving me the opportunity to tell my story to such eminent people as you. 

I would also like to thank the CCA for all the help they have given myself and my partner Jean, in our quest to bring those responsible for my injuries to account.

I would also like to apologise for my stutter, which is as a result of the medication I am taking to help control my depressive illness, an illness, which is as a direct of the incident.

I was seriously injured on July 22nd 1998 while working for Servisair UK Ltd at London Luton Airport. Servisair is the largest ground-handling agents in the UK and one of the biggest in the World. They employ many thousands of people across the UK and Europe. 

Prior to the incident I was financially secure and Jean and I were in the process of looking at properties to buy. Since the incident and after my sick pay had finished I had the great indignity of having to go on to benefits for the first time in my life, I have never been out of work since leaving school in 1962. To supplement my benefits of £62 I have had to dip into my savings.

My work as a tug driver entailed me in manoeuvring aircraft around the Airport, and placing the aircraft into and out of the hangers, also in moving large pieces of equipment to and from the aircraft. The work was physically demanding but very enjoyable. I had been trained to a very high standard to do the work by my previous employer Britannia Airways. In 1993 almost all those who had worked for Britannia Airways in the ground-handling department went to work for Servisair.

On the day of the incident I was looking for the bolt which was used to hold up the canopy of the tug when the canopy fell onto my head. The canopy weighed approximately 50lbs. The reason a bolt was needed is that some time earlier the tug was involved in an accident at another Airport, and instead of Servisair replacing the damaged support stays with the manufacturers specified stays they used a bracket from an old van. 

As a result of the injuries I have constant pain in my left shoulder and left arm, as I am predominantly left-handed this adds to my disability. Far worse than the physical pain is the mental health problems that I am suffering from and have suffered from since shortly after the incident. Since February 1999 I have had weekly meetings with a communal psychiatric nurse and monthly meetings with a psychiatrist and I am on strong dosage of Trazodone every day.

However I was not the fist person to have suffered an injury from the canopy. Six months before my incident a friend and a colleague sustained similar injuries from the canopy whilst performing the same task. He has not worked since. 

After my colleague’s incident – and before my own - we the drivers brought our concerns to the attention of the manager, and as a result of the complaint, a hole was drilled into the ‘’Heath Robinson’ stay and we were told to use a bolt to the keep the stay upright. The bolt cost just 20 pence.

It was because of the failure of the Servisair not repairing the canopy properly, that I suffered injuries.  

In my opinion, managers at the time were fully aware of the problem with the canopy but failed to do anything about it. 

After the first incident we the drivers were led to believe that the bracket was safe. After my incident the vehicle was used for many months with no inspection of the stay, this left the others drivers in danger of injury. 

All the misery that Servisair has caused could have been avoided if they had replaced the broken stays with the proper manufacturer stays. It would have cost the under £100, a small amount to pay to ensure the safety of its employees, but I suppose considerably more than the 20p that Servisair actually invested into the safety of its employees.

Failure of the Health and Safety Executive to Investigate

After the incidents to both my colleague and I, Servisair did not report the incidents to the Health and Safety Executive, as was their duty under the Reporting of Dangerous Disease and Occurrences Regulations (RIDDOR). They did nothing. In fact they used the vehicle for several months after my incident without making any changes to the canopy. 

As a result of a telephone conversation with my sister some ten months after my injury, I discovered that all serious injuries had to be reported to the Health and Safety Executive. I rang the Health and safety Executive at Luton and asked if my colleague’s and my injuries had been reported.  

I was told that the incidents had not been reported. 

I then wrote to the Health and Safety Executive at Luton asking them to carry out an investigation into why Servisair had not reported both incidents. The Health and Safety executive thanked me for informing them of the problem, but stated that no further action would be taken since they had spoken to Servisair, who had agreed to put in place appropriate reporting procedures.

In effect, the Health and Safety Executive had decided not to investigate Servisair in relation to two serious injuries, nor take any enforcement action against it for failing to report the injures.  Instead the Health and Safety Executive chose to accept the word of Servisair who had already committed an offence by not reporting the injuries – that they would not to do it again.

This infuriated me and I immediately wrote to the Director General of the Health and Safety Executive, Ms Jenny Bacon, and accused the Health and Safety Executive of letting Servisair off the hook. Ms Bacon’s replied than an enquiry would now take place.

The Health and Safety Executive investigation

The Health and Safety Executive reluctantly undertook an investigation into the company’s safety procedures and the vehicles at Servisair at London Luton Airport. 

However, the Health and Safety Executive felt that it would not be practical to investigate the specific aspects of both our injuries since it had been a long time since the incidents had occurred. The Health and Safety Executive also felt it unnecessary to investigate senior managers and supervisors. 

As a result of its investigation, the Health and Safety Executive decided to prosecute the company for two health and safety offences – an offence relating to failure to report injuries and an offence concerned with failing to provide safe equipment.

I was disappointed with two aspects of the Health and Safety Executive prosecution.

First, it failed to prosecute any individuals within the company particularly the Director of ground handling in Servisair.  

Secondly, it is my view that because of the seriousness of the offences, the case should have been heard in the Crown Court and not as it was in the Magistrates Court. The health and safety inspector at the magistrate’s court failed to argue to the magistrates that the case should be heard in the Crown Court. 

On the 17th August 2001 Servisair pleaded guilty to both offences and were fined £5000 for each offence and £1,383 for costs.  A total of £11,383.  

This puny fine send out a message to large company’s that it is cheaper to fall foul of the rules, and pay low fines, rather than spend money on health and safety matters.  After the case Servisair were handling out a press release which contained an apology to both my colleague and I. We both asked for a copy of the releases and were told “if you want to read it go buy a newspaper”.  Servisair have never had the decency to apologise directly to either one of us.  

I contacted the CCA to ask whether or not it would be possible to prosecute the individuals involved in allowing the injuries to my colleague and I.  Although this has not been possible, the CCA have drafted numerous letters to the Health and Safety Executive requesting clarification of their investigations, and to why no individuals were prosecuted under the Health and Safety at Work Act.  

Recently a meeting was arranged by the CCA with the Health and safety Executive at Luton.  The Health and Safety Executive informed us that because the incidents were reported so late the trail had gone cold so it was difficult to identify and prosecute individuals.  Their reasons for not prosecuting Servisair in the Crown Court even though the fines are unlimited was that the Health and Safety Executive felt that the Magistrates Court would do the job just as good.  I disagreed with this view.  We were told that the whole ethos of health and safety within Servisair was a shambles from the top to the bottom of the company, yet knowing this the Health and Safety Executive still felt that the case should be held in the Magistrates Court and that no individuals should be held accountable.  

One positive thing to come out of all this is that Servisair are on the Health and Safety Executive’s blacklist, and I am assured will be closely monitored in the future.  

Conclusion

It is time that the real perpetrators who are guilty of breaches of health and safety be brought to justice.  For too long they have been allowed to hide behind the company name and rarely held personally responsible for their actions, the sooner the law in  this area is changed the better for everyone.  If the law made an individual responsible for their actions then I believe that there would be fewer accident almost overnight.  

Thank you for listening to my story, I do hope it hasn’t been too long.  I would like to thank some people for all they have done for me during this difficult time.  Firstly I would like to thank the CCA and in particular Najma for all the help that she has given me, and the friends and family who have stood by me.  But I would like to give  particular thanks to my partner Jean for, without her tireless help and love, I really don’t think I would be here today.