A1 It is difficult to give precise figures, as this is an
area where an accurate record has not been kept. Both HSE and the industry
believe there to be significant under-reporting of accidents. The latest
figures that HSE has shows that over the last 5 years there have been 21
serious accidents to members of the public, including 3 fatalities. These do
not include any collated by local authorities themselves.
A2 There have been accidents to visitors of all ages. And
we know of at least two 'near miss' incidents involving workers where a
memorial has fallen into a grave as it was being dug. Most fatal accidents have
involved young children.
A3 In 1998 the industry's own research highlighted the
problem. In 2000 the tragic death of a child in Yorkshire spurred BAs into
taking action. This was given further impetus in 2001 by a report by the Select
Committee on Environment, Transport and Regional Affairs that concluded a new
approach was needed to cemeteries as a whole.
A4 The cause of the toppling of memorials has in the
great majority of cases been linked to inadequate cemetery upkeep and
maintenance regimes. But poor design and installation of relatively recent
memorials are recognised as a factor.
Q5 How should BAs go about testing
stability?
A5 Responsibility rests with the BAs to decide what
criteria they use to test the structural safety of memorials. Their industry
guidance sets out a recommended procedure, including when to use mechanical
testing devices.
A7 Local authorities, which function as BAs, in England
and Wales are empowered under the provisions of the Local Authorities
Cemeteries Order 1977 (LACO) to take immediate action to make safe dangerous
memorials. Under the provisions of the LACO, the BA can remove any unauthorised
memorials and charge a fee. In Scotland, BAs operate under the Burial Grounds
(Scotland) Act 1855 but have used the contents of the LACO as a benchmark.
A8 The LACO empowers BAs but it also prohibits them from
taking direction action to remove an unstable memorial which presents no
immediate risk without following strict procedures, involving posting public
notices and seeking the permission of the owners, if they can be identified. It
is the failure to follow these procedures which it seems has led to most public
concern.
A10 The Health and Safety at Work etc Act 1974 (HSWA)
requires BAs (as employers), to ensure not only the safety of their employees
but also those not in their employment, that is members of the public, who
might be affected by the way they conduct their undertaking. Also, the
Management of Health and Safety at Work Regulations 1999 require all employers
to assess the risks to employees and non-employees, which arise out of their
undertaking.
A11 No. It is satisfied that most of the 3000 BAs across
the UK, are, in the spirit of self-regulation, dealing with the issue
effectively. However, a group representing the whole of the industry, and
including HSE, is looking to produce very simple guidance in the near future
A12 Under HSWA the owner has no duties but the
responsibility for ongoing maintenance of individual memorials rests with the
grave owners or other person granted the right to place and maintain a memorial
on a grave space. When a BA grants a member of the public the right to erect
and maintain a memorial they are permitted to do so on such terms and
conditions they think proper, which may include a maintenance agreement with
the family. The industry guidance gives more details
Information supplied by Health and Safety Executive
Halton Memorials & Co cannot be held responsible for
its accuracy and content