Prevention of Future Deaths reports · 2014
Regulation 28 report to prevent future deaths, reference 2014-0357, written 4 Aug 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 4 Aug 2014 |
|---|---|
| Reference | 2014-0357 |
| Category | Other related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.
ANNEX A REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1) NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. Safety Advisor North Canal & River Trust Red Bull Office Congleton Road South Church Lawton STOKE-ON-TRENT ST7 3AP CORONER ! am lan S Smith, senior coroner, for the coroner area of Stoke-on-Trent and North Staffordshire. CORONER’S LEGAL POWERS | make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. INVESTIGATION and INQUEST On 28" May 2014 | commenced an investigation into the death of Michael Holgate aged 58 years. The investigation concluded at the end of the inquest on 29" July 2014. The conclusion of the inquest accidental death with the cause of death being given as 1a Death by immersion in water with broken neck. CIRCUMSTANCES OF THE DEATH At approximately 11.00am on 20 May 2014 the deceased, his wife and son were travelling on their narrow boat on the Trent and Mersey Canal in North Staffordshire when they arrived at the southern entrance to the Harecastle Tunnel, off Peacocks Hey, Talke, Stoke on Trent. The tunnel is approximately 2500 metres in length and has no lighting. The boat was logged as entering the tunnel with the deceased at the stern steering. As the boat was 1700 meters into the tunnel it collided with the side of the tunnel. The deceased appears to have fallen into the water but the precise circumstances were not clear as they were not witnessed. His wife and son were at the front of the boat. The deceased's body was discovered at 9.00pm that day inside the tunnel following a lengthy underwater search. A post mortem examination revealed the cause of death as death by immersion in water with a broken neck. Blood alcohol was negative. CORONER’S CONCERNS During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows. — At the inquest | heard that the deceased had had an accident in Harcastle Tunnel, Kidsgrove, Staffordshire, a 1.75 mile underground canal tunnel. It appeared that he had struck his head and fallen into the water. His wife was panic-stricken and had extreme difficulty in navigating her way out and was unable to raise any help despite sounding the narrow boat’s horn many times. 1. There is no means of communication within the tunnel, | accept that mobile phones and the like would not operate but | would ask the Trust to explore the possibility of a telephone cable and a number of emergency telephones at strategic or regular points within the tunnel. 2. There is no requirement to wear safety jackets/buoyancy aids in the tunnel. These are mandated for narrow boat owners to carry on the boats. Would it mot be possible to insist that all persons on board wear such safety equipment before they are allowed into the tunnel? 3. Safety helmets could be provided (on a loan/fee basis) to persons passing through. 4. |would ask generally that there be a review of the safety information given out, and made available to all, not just those driving the narrow boats. ACTION SHOULD BE TAKEN in my opinion action should be taken to prevent future deaths and | believe you and/or your organisation have the power to take such action. YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 3™ October 2014. I, the coroner, may extend the period. Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise you must explain why no action is proposed. COPIES and PUBLICATION | have sent a copy of my report to the following:- 1. Chief Coroner, Regulation 28 Reports, Chief Coroner's Office, 11" Floor Thomas More Building, Royal Courts of Justice, The Strand, London, WC2A 2LL 2. ER (wife of the deceased). lam also under a duty to send the Chief Coroner a copy of your response. The Chief Coroner may publish either or both in a complete or redacted or summary form. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me, the coroner, at the time of your response, about the release or the publication of your response by the Chief Coroner. \. Wi. CORONER ihe
1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
Canal &
= <m River Trust
Keeping people, nature & history connected
Your Ref [i
29" September 2014
Mr 1S Smith LL.B, Hon DUniv
HM Senior Coroner
Coroner’s Chambers
547 Hartshill Road
Stoke on Trent H.M
ST4 6HF .M.C. JS
-{ ALT 2014
STOKE-ON-TRENT AND
Dear Mr Smith NORTN STAFFORDSHIRE
Re: Michael HOLGATE (deceased)
Date of Birth: 03/06/1955
Date of Death: 20/05/2014
Thank you for your letter of the 4" August 2014 regarding the inquest into the death of Mr Michael
Holgate. On behalf of the Canal & River Trust | would like to repeat our sincere condolences to the
family of Mr Holgate.
[understand that in the report under paragraph 7, schedule 5 of the Coroners & Justice Act 2009
and Regulations 28 & 29 of the Coroners (Investigations) Regulations 2103, addressed to IE
MEE Safety Advisor at Canal & River Trust (CRT), you specifically asked for a review of four
aspects of the tunnel operation, namely:
Communication within the tunnel.
Wearing of lifejackets or buoyancy aids.
Wearing of safety helmets.
Review of safety information given out.
PONSa
On the 26" of August the Canal and River Trust conducted a review of tunnel safety and
operational procedures relevant to the incident which led to Mr Holgate’s death. In addition we
considered what changes should be made, not only at Harecastle, but at all our 45 canal tunnels.
The review concluded as follows:
1. Communication within the tunnel
It is clear from the evidence heard at the inquest that in some sections of the tunnel the use of
sound signals can be ineffective as a mean of communication to persons at the entrances to the
tunnel. This is more likely in circumstances where a boat has become separated from the usual
convoy arrangement, whereby boats transit the tunnel in groups. Harecastle Tunnel is unique in
the regard that it is the only one of the 45 Trust managed canal tunnels which has a mechanically
driven ventilation system, with doors which close behind boats when they enter the tunnel to
facilitate tunnel ventilation. Harecastle Tunnel is one of only 3 tunnels where personnel are present
Canal & River Trust First Floor North Station House 500 Elder Gate Milton Keynes MK9 1BB
www.canalrivertrust.org.uk
Patron: H.R.H. The Prince of Wales. Canal & River Trust, a charitable company limited by guarantee registered in England and Wales
with company number 7807276 and registered charity number 1146792 registered office address First Floor North, Station House, 500
Elder Gate, Milton Keynes MK9 1BB
at the tunnel during its operating hours. We are currently reviewing options to see if there is a
reasonably practicable in-tunne! communication system. We have not been able to complete this
study due to the complexity of the review by the reply date stipulated in your report, so we will
commit to having concluded it by the 31% March 2015
2. Wearing of lifejackets or buoyancy aids
There is no mandatory requirement that lifejackets or buoyancy aids must be worn or carried on
inland waterway vessels. The Trust does encourage their use on inland waterways, but the general
view of many inland waterway boaters is that lifejackets or buoyancy aids are unnecessary, but this
is an attitude that the Trust is trying to change. The Trust will continue to encourage boaters to
wear them in the interests of their general safety whilst boating, and we will make particularly
reference to safety in tunnels. In direct response to this tragedy we will be encouraging the wearing
of lifejackets at Harecastle Tunnel by means of the briefing given to boaters and their crew prior to
tunnel entry. As the majority of tunnels are unattended by Trust staff we will modify all existing
tunnel portal signs to include a clear recommendation to wear lifejackets. Additionally we will
conduct an education campaign using our communication channels with boaters, about benefits of
wearing of lifejackets/buoyancy aids. Although part of a continuous campaign we will complete this
initial work by the 31° March 2015 which is the start of the main boating season.
3. Wearing of safety helmets
We do not believe that issuing safety helmets is an appropriate response to the restricted
headroom in tunnels. The risks at Harecastle Tunnel are not unique, as in many tunnels if the
centre line is not followed when navigating, there is a risk of helmsman or crew members striking
their head on the shoulders of the tunnel bore, irrespective of any other restriction in headroom.
Prior to entering the tunnel the ‘gauge board’ at Harecastle consists of 3 lightweight chains. We
believe these may not be as effective as other alternative measures in making boaters aware of
the restrictions inside the tunnel. At other tunnels with similar restrictions on headroom we have
physical boards prior to entry. We have concluded that we will replace the chains with a physical
board positioned prior to entering the tunnel to put greater emphasis on the restricted headroom.
The tunnel portal is a listed building but we plan to complete this work subject to planning consent
by 31°' March 2015.
4, Review of safety information given out
The Harecastle tunnel briefing has been further modified to make clear the importance of wearing
lifejackets particularly for the helmsman. Additional information about change of temperature in the
tunnel is being included in the briefing as this has been identified as a particular risk of which
boaters should be aware. These changes have been made.
It is our considered opinion that once the actions outlined above have been completed, the Trust
will have done all that is reasonably practicable to reduce the risk to persons navigating boats
through Harecastle and other canal tunnels.
If you require any further information please contact me.
Yours sincerely
Head of Health and Safety
Canal & River Trust
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