The Gray Monk

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December 21, 2004

Santa in breach of Health and Safety legislation

The Health and Safety Executive has also announced that it is to bring charges against him for a failure to carry out the necessary risk assessments for his workplaces and to adopt safe working practices for himself and the elves. This arises from the fact that several attempts have been made to secure assurances from Santa that he has taken steps to ensure that he is meeting his obligations under Health and Safety legislation - specifically the Management of Health and Safety at Work Regulations 1999 and their associated regulations for the health, safety, and welfare of employees.

Under the HSE's interpretation of the regulations, Santa is classified as an "employer" even though he ostensibly does not pay the Elves who are all "volunteers" and donate their time to the cause of creating the gifts for distribution. As an "employer" he has to ensure that all "employees" are properly trained in manual handling, operation of safety equipment, tools, and in "safe working procedures". Santa has so far failed to provide copies of his training records, safety policy, and evidence of his consultation with employees.

Several attempts have been made to verify the fact that Santa is required to wear approved clothing while ascending and descending chimneys. He must also show proof that he is trained in the use of abseiling equipment and in its setting up and securing. To date he has failed to provide this evidence, and it must be assumed that he does not comply with the requirements. As reported several days ago, he is now required to use a ladder to reach the roof, but he has also failed to provide evidence that the elves assisting him with the ladder have received proper training in erecting it or supporting it while he is using it.

An HSE inspector confirmed that he has investigated several reported instances of accidents and "near misses" which he believes may have been exacerbated by Santa's excessive drinking - believed to be a result of so many people leaving sherry and other intoxicating drinks for him. It is reported that he sometimes allows the elves to drink these and this results in the possibility that there may be instances of Santa and his helpers being under the influence while operating machinery. He believes that an Improvement Notice should be served and enforced and that Santa should be compelled to obey the legislation - even though the bulk of his manufacturing is outside of the UK "it is still within the EU jurisdiction and should comply with the EEC Directives".

The HSE solicitors are considering the material collected so far and will announce their decision in due course. "At present it looks as if there is a clear case for prosecution", said a spokesperson.

Posted by The Gray Monk at December 21, 2004 10:05 AM

Comments

Posted by: e.s. at December 22, 2004 02:18 AM