HSE investigation into Cupar accident ‘flawed’

When the Health and Safety Executive published its report on the Cupar incident in 2015, it concluded no enforcement action should be taken due to “lack of evidence of a breach of Health and Safety at Work etc Act 1974”.

It also stated there should be no action against the owner of the slide as it “cannot be demonstrated that he supplied the ride in an unsafe condition”.

The report said five metal stakes had been recovered from the scene (industry guidance states that all 22 anchor points should have been used).

However, the Wronieckis remain concerned that the operator “would not provide information” about the anchorage when interviewed under caution.

He referred to a “freak gust of wind” and claimed it was not representative of the weather until that point.

The HSE report quoted a weather website which showed wind speed in the Cupar area at the time to be approximately 22mph (within the 19-24mph guidelines for safe operations) with a maximum gust of 30mph. It claimed it was not possible to get Meteorological Office weather reports retrospectively.

However, the Wronieckis subsequently downloaded Met office weather reports from nearby Leuchars which recorded gusts of 47mph and 57mph at 1.50pm and 2.50pm respectively (either side of the accident), with gusts of 48mph and 44mph recorded in the morning, far in excess of safe limits.

An independent legal contact who reviewed the Wronieckis’ dossier said: “The HSE expert we know has taken a look at the papers and has come to the considered conclusion that the investigation was flawed.”

An HSE spokesperson said: “HSE carried out a full and thorough investigation into the circumstances surrounding the incident in June 2015 and found insufficient evidence that the Health and Safety at Work Act was breached.”

The case will feature on a BBC Inside Story programme in October.

Chris Wroniecki with daughter Summer who was injured in 2015.