EHCT

CIEH Centre of England Branch
30th October 2013
Special Events Training
Alan Lynagh District Surveyor Licensing
Environmental Health Consultation Team
Westminster City Council
EHCT
Aim
• To gain an understanding of the Dreamspace
incident and the lessons to be learned
• To consolidate Environmental Health’s roles and
responsibilities as regulators at Special Events to
ensure that they are:
SAFE and SUCCESSFUL
EHCT
But what can go wrong?...
Birmingham JLS concert crush, November 2009
• 60 injured
• 27,000 people turned up for a show which had been expected to
attract just 5,000 fans
• The council's assistant director for sport and events said the
authority had done everything it could to plan for the show and
would conduct a thorough investigation;
"I don't believe we are to blame. We will have a look at our plans
and learn from them, and really review whether we have got a
space big enough in the city centre if the acts these days are
going to pull such significant numbers"
EHCT
But what can go wrong?...
Duisberg, Germany; The Love Parade Music
Festival, July 2010
• 21 deaths, 500 injured
• the number of people attending allegedly reached 1.4 million the original expectation was around 800,000
• overcrowded tunnel leading into the festival - crowd crush
Duisburg Mayor defended security measures for the festival and
vowed to hold a full inquiry - "In the run-up to the event, we
worked out a solid security plan with the organisers and
everyone involved," he said.
EHCT
But what can go wrong?...
Indiana State Fair, Indianapolis, August 2011
• 5 deaths, 45 injured
• Outdoor stage collapses in 60mph wind gusts
• the third incident of it’s type in America last summer
Investigators should determine whether fair organisers had an
emergency weather plan - "State fair management knew and
were tracking the weather conditions, yet took no timely action"
EHCT
Case Study
Overview of
Dreamspace
Incident
EHCT
Background
• Art installation by Maurice Agis who had 40 years experience of
public art projects
• CLSDC expressed an interest in 2005 in participating in
Dreamspace tour the following summer. It was proposed that the
event should be held in Liverpool, County Durham and then London
• March 2006 CLSDC Arts officer asked for the risk assessment
documents, with a view to arranging for organisers Brouhaha to
bring the sculpture to the Riverside Park in July 2006
• CLSDC provided organisational and financial assistance to the
event and gave permission for the event to take place on their land
EHCT
What was Dreamspace?
• Measuring 50m x 50m x 5m high the size of half a football pitch, the
structure was a series of inflatable cells made of very thin
translucent PVC which, where glued together formed the support
columns. Up to 100 Adults and 25 children could walk through these
ovoid cells to experience changes of light, shape and colour, with
the whole scenario being enhanced by pre recorded sound tracks of
mood music
• The whole structure was inflated by small fans, so that it was
supported by air under pressure and secured by ropes passing
around a number of perimeter pods and down through the column,
where it was attached to a peg, driven into the ground
EHCT
EHCT
EHCT
EHCT
Considerations of CLSDC?
• Should the event be referred to the established Safety
Advisory Group?
• Who should be on the SAG?
• What legislation or regulation do you believe to be
applicable to this event?
• What information would you be expecting to receive in
order to properly assess the application?
EHCT
SAG Composition
•
•
•
•
•
•
Chair –who?
LA Building control
Environmental Health
Police
Fire Service
Ambulance Service
•
•
•
•
•
•
Medical providers
Transport providers
Land owner
Event management
Specialist suppliers
Utilities
Terms of Reference for SAG
EHCT
Relevant Legislation
• Health & Safety at Work etc. Act 1974
• Management of Health & Safety at Work Regulations 1999 and
a variety of other H&S regulations
• Licensing Act 2003
• Health Act 2006, Food Safety Act 1990 and associated
Regulations
• Environmental Protection Act 1990
• Disability Discrimination Act 1995
• Regulatory Reform (Fire Safety) Order 2005
• Safety at Sports Grounds Act 1975
• Civil Contingencies Act 2004
• Building Regulations???
• ISE TDS 3/Green Guide/Purple Guide/Industry COP’s
EHCT
Information Required
• Risk assessments
• Method statements
• Design Standards and
Calculations
• Competency and
Experience of the
designer in producing
these structures
• Stability
• Anchorage/Soil
conditions
EHCT
• Impact of the wind at
varying speeds.
• Staffing and training
• Contingency plans and
emergency procedures
• Any history of previous
problems
Dreamspace - The Reality
The CLSDC Safety Advisory Group
•
•
•
•
Chair –Director of Development Services for CLSDC
Fire service
Police
Ambulance service
• No Building control
• No Environmental Health
EHCT
Information received by CLSDC
•
Document entitled:
‘Dreamspace Security Hazards and Control Measures’
•
Fire Safety
•
High Winds / Torrential Rain
•
Electrical Safety
•
Misbehaviour
•
Security
•
Hazards: identified as ‘high winds and torrential rain which were to be
controlled by 40 stakes to secure structure to the ground , evacuation,
closing and deflating the structure and teams of stewards’
EHCT
Supplementary information
supplied
• Further information on Dreamspace was
produced upon request which stated that;
“Cancellations may happen because of weather
conditions. High winds and gusts are dangerous to
the public and the installation. Dreamspace remains
closed and deflated. Constant moderate winds move
the structure, in which case it may have to be
repositioned”
EHCT
By Comparison
• At the same SAG meeting where the application
for Dreamspace was considered, another
application by Uncle Sam’s American circus was
accompanied by copious risk assessment
documentation.
• Comparison of the documentation would have
indicated an obvious lack of assessments for
Dreamspace.
EHCT
The Event
• On July 21st 2006 the structure was positioned in Riverside
Park, Chester le Street
• It was inflated by a team under the direct supervision of Mr Agis,
who instructed them to anchor it with ropes and pegs, although
no specification for the peg positions was given to the team
• Shortly after it opened on 23rd July 2006, an employee of
Brouhaha noticed that the wind was passing under the floor
• The employee commenced an evacuation
• This was stopped by Mr Agis, who sent the customers back into
the structure
EHCT
The Event
• Mr Agis then instructed staff to employ additional ropes
and anchors and to possibly reposition some of the
existing anchors
• Further ropes and pegs were then added to the front and
along one side of the structure
• Many of the ropes were further weakened by knots and
the methods used to secure the pods
• Later that afternoon a gust of wind from the rear corner
caused the structure to break free from the moorings and
rise into the sky – 2 fatalities, 27 injured
EHCT
Key Points
• CLSDC abdicated its approval process to the SAG rather than the
council, as the council had been involved in the promotion of the
event
• The Council had failed to seek advice from their own Health and
Safety department
• CLSDC had failed to amend its procedures for dealing with events
when the SAG was set up
• The Council admitted that they ‘sought to rely on what turned out to
be a failure by a district wide safety advisory group to investigate
more fully the risk assessment provided by Mr Agis’
• The Council did not ask for nor receive any design
calculations and data
EHCT
Key Points
• Only brief minutes of the SAG meeting were ever circulated
• No historical information was sought. There had been previous
incidents involving this designer in Scotland and Germany
• Council Assessor had one day of training in H&S inc ½ day on Risk
Assessment. Not considered adequately trained, not supported by
local authority H&S Department
• No check was made on the anchorages. Only 31 securing points
were used (Later calculations identified the need for at least 80
points)
• Brouhaha had failed to protect its employees because the Managing
Director was the son of the designer and he did not consider that he
should question his fathers competence
EHCT
Lessons to be Learnt
•
Structures must be designed by a competent person
•
There are relevant standards for structures like Dreamspace and these
should be followed. Where there are no apparent standards, a
competent person will have to work from first principles
There should be design documentation, including calculations to
support the design
Safe operating parameters must be specified, together with safe
operating procedures including the need for weather forecasts and
critical wind speed
Training of staff and emergency procedures must also be well
documented
Third party review of complex or high risk structures are recommended
The LA or SAG should ensure that the documentation is appropriate
with relevant calculations and that on inspection, all documented control
measures are in place
•
•
•
•
•
EHCT
Legal Outcomes
• The CLSDC sought legal advice
• September 2006 HSE via National Association For
Leisure Industry Certification issued a Technical Bulletin
• The police and the HSE conducted an enquiry under the
Work Related Death Protocol (WRDP)
• Prosecutions ensued for manslaughter and offences
under the HASAWA
EHCT
Legal Outcomes
• Maurice Agis found guilty of an offence under S3(2) of the
HSWA 1974. The jury could not agree on 2 charges of gross
negligence manslaughter, and the CPS decided against a
retrial. He was fined £10,000, later reduced to £2,500 on appeal
• Brouhaha found guilty of an offence under S2(1) of the HASWA
1974 and fined £4,000
• Chester le Street District Council pleaded guilty to a charge
under S3(1) of the HASWA and was fined £20,000
EHCT
Legal Outcomes
• Inquest returned a verdict of accidental death
• Victims sued Council for compensation (claims settled out
of court)
• Council brought Brouhaha in to make a contribution to
compensation (insurance companies)
• Mr Agis not insured and nothing in estate
• In terms of blame nothing to chose between both parties
• Brouhaha knew of issues in windy conditions and did not
alert Council
• 55 per cent of costs Brouhaha/45 per cent Council
EHCT
Westminster and Events
• EH Consultation Team were formed as a ‘one-stop shop’ for all
aspects of Environmental Health consultation and lead on behalf
of EH for all events planned to take place within WCC
• What do we deal with:
LESSER IMPACT events (advice over the phone, assessing
documentation and providing feedback) to;
MAJOR IMPACT events (Trafalgar Square, Hyde Park, Notting
Hill Carnival, Regent Street Festival, London Pride, Taste
London, Chinese New Year etc)
• Attendance at regular scheduled LSAG and LOSPG Meetings
with the Royal Parks, the GLA and WCC Special Events
• Liaison with WCC Special Events, Contingency Planning,
Licensing Service, Planning Dept & Building Control
EHCT
EH Duties: Before, during and after…
BEFORE AN EVENT – Planning Stage;
• Liaise with Special Events & the Event Organiser
• Attend all LOSPG/LSAG/Event Meetings
• Review all documentation; Event Management Plan,
incorporating Risk Assessments and Site Plans
• Provide input to the event organiser for all EH aspects of the
event, giving advice, information packs, guidance, education
and information regarding statutory duties and requirements for
compliance (PRE APPLICATION ADVICE!)
• Feedback regarding any highlighted problems
• Record all actions
• Attend ‘Table top’ exercises: test plans and roles
EHCT
Partnership working
Underground
Squares
Management
GLA
Buses
Culture
Contractors
RPA
CGL
Event
Organisers
Licensing
Blue light
Services
Ambulance
Contingency
Planner
WCC
Special
Events
Planning
Street
Management
Highways
Toilets
EHCT
Sponsors
TfL
Environmental
Health
Police
Fire
Venues
Parks
Parking
Cleansing
Wardens
EVENT OPERATIONAL SAFETY AND PLANNING FLOW CHART
Event
Organiser
Contact Special
Events
Contact EH
Consultation Team
Lead EH Officer appointed
Application
Form
Provisional
date checks
Discuss/
multi- agency
group
Quarterly event
meetings
Regular
meetings
Monthly or as
agreed
Agreed Event
Plan Sign Off
10 days before
The Event
Event Liaison
on site
Debrief
EHCT
Premises Licence
application/TEN
granted
Partnership
working
LOSPG/LSAG
(Licensing,
Operational
Safety and Planning
Group)
Major Impact ELT
(Event Liaison Team)
Multi - Agency Responsibilities (LOSPG/LSAG)
LOSPG = Licensing Operational Safety Planning Group
LSAG = Licensing Safety Advisory Group
• To take measures to plan for the health & safety of the public
• To manage risk: obtain robust risk assessments for the event
• To integrate the event risk management systems to ensure
continuity for the rest of the Council services to the community
• To facilitate a safe and successful event
• Operate under agreed ‘terms of reference’ with common aims
and protocols
• Understanding of each individuals’ role
• Provide an audit trail (meeting minutes)
EHCT
Olympic Handover LOSPG in practice
August 2008
EHCT
Environmental Health remit & responsibilities
• to ensure events held within your Borough are safe and
successful for all;
• to ensure event organisers and their contractors comply with
various environmental health legislation during the build, the
actual event and the de-rig (in conjunction with the HSE);
• to attend multi-agency planning group meetings as part of the
event planning process (SAG);
• to educate event organisers on best practice in the event
planning process;
• to reduce public nuisance and promote public safety;
EHCT
Environmental Health remit & responsibilities
• to obtain a detailed event management plan incorporating
robust risk assessments from the event organiser;
• to undertake site safety inspections on major impact events and
others where necessary (on a risk rated basis);
• to undertake food hygiene inspections and carry out noise
propagation tests and noise monitoring;
• to respond to complaints concerning events and investigate
incidents / accidents / food poisonings
EHCT
The Licensing Act 2003 and events
on the public highway
• Events that include ‘licensable activities’ must be licensed
under the Licensing Act 2003
• Can apply for a Premises Licence or Temporary Event
Notice (TEN) with a maximum 499 people
• Environmental Health are consulted on all Premises Licence
applications as a ‘Responsible Authority’ and assess
applications in line with the 4 licensing objectives:

Prevention of Crime and Disorder

Promotion of Public Safety

Prevention of Public Nuisance

Protection of Children from Harm
EHCT
The Licensing Act 2003 and events on
the public highway
• EH can request conditions to be attached to any licence
subsequently granted (e.g. “works” conditions)
• WCC has granted licenses for ‘regulated entertainment’ for
areas of publicly accessible streets and open spaces
• “Special Events” team responsible for compliance with
conditions for all WCC licences
• Planning/Street Trading application may be required with input
from Environmental Health
• Civil Contingencies Act 2004 places duties and obligations on
Local Authorities to co-ordinate community plans and each
company or organisation should have robust Business
Continuity plans, which should include all high risk areas, such
as ‘what if’ scenarios at events
EHCT
EH Duties:
DURING AN EVENT
1. Food Safety:
•
•
•
Documentation required to be reviewed includes;
(a) Caterer Event Notification Form
(b) Food Hygiene Training records of staff
(c) HACCP or SFBB on site
(d) Food Business Registration details
Inspection on site: take account that it is not a fixed food
premises, there will be unique issues to be considered if it is a
marquee in a field
Water supply – tests either by the organiser or the Council
EHCT
EH Duties:
DURING AN EVENT
2. Health & Safety:
• Documentation required to be reviewed includes;
(a)
Risk Assessments and Method Statements
(b)
Gas Safety and PAT Certificates
(c)
Public Liability Insurance
• Consider specific issues to events such as: Temporary
structures, Working at Height, Traffic Management, Crowd
Management, Access and Egress, Electrics, Noise at Work, CE
Marking of Equipment and items to be sold by traders
EHCT
EH Duties:
DURING AN EVENT
3. Fire Safety:
•
•
•
•
•
•
•
•
Liaise with LFEPA
Use of LPG (jubilee clips)
Generators
Fire Fighting Equipment
Fire Retardant Materials
Smoking
Special Effects & Pyrotechnics
House keeping
EHCT
EH Duties:
DURING AN EVENT
4. Licensing:
• Check that the event is in compliance with all
conditions attached to their Premises Licence or
Street Trading Licence
• Works condition ‘sign off’ including site plan and/or
multi-agency site inspection & ‘sign off’ prior to the
site opening to the public
EHCT
EH Duties:
DURING AN EVENT
5. Noise:
• A noise limit may need to be set: some limits may already
stipulated as conditions on Premises Licences
• Must not cause a nuisance under the Environmental Protection
Act 1990 (subjective assessment)
• Contact the Noise Team to inform them of the event and a
person responsible on site that can turn down the levels if
requested
• Noise monitoring may need to be carried out for major events
• Consider Noise at Work compliance for staff and contractors
EHCT
EH Duties:
DURING AN EVENT
6. Other Issues:
• Face Painting, Henna and other Children’s activities (inflatables)
• Contingency plans - lost children, bomb treat, full or partial
evacuation, show stop procedure, adverse weather, transport,
cancellation or postponement
• Massage and Special Treatments (Licensing and H&S)
7. Communication and Recording on site:
• Take thorough notes (inspection report) and feedback any
immediate issues that need to be rectified to the appropriate
person – actions should be recorded via the ELT
• Take a camera to record evidence
EHCT
EH Duties:
AFTER AN EVENT
• Prepare a written debrief (if required) –
(a) What worked well with the event
(b) Specify what aspects did not go well and any areas on noncompliance
(c) Relay the details of any complaints received
(d) Recommend any action points for future events
• Attend any debrief meetings where you can feedback
directly to the event organisers
• Record details
EHCT