Afolabi Ojerinde

TESCO

BY EMAIL Tesco Stores Limited
Tesco House

Shire Park, Kestrel Way

Welwyn Garden City

AL7 1GA

FAO: Mr Zak Golombeck, H.M. Area Coroner
HE Senior Coroners Officer

20 August 2024

Dear Sir or Madam,

RE: Regulation 28: Report to Prevent Future Deaths - Afolabi Oluwafemi OJERINDE
(Deceased)

We refer to the letter dated 26 June 2024 addressed to. Company Secretary of
Tesco Stores Limited (“TSL”), making TSL aware that it has been recognised as an Interested
Person in the inquest into the death of Mr Ojerinde (the "Inquest"), and the accompanying
Regulation 28 Report to Prevent Future Deaths, dated 25 June 2024 (the “PFD Report”).
These documents were received by TSL on 03 July 2024 and required a response by
20 August 2024. Please find below TSL’s response:

1. | am_I Group & UK People Safety Director for Tesco Plc, the parent
company of TSL. TSL is the UK trading entity of Tesco Pic, which owns and operates
its petrol filling stations. | have held this position since July 2018, having worked for
Tesco since 2009 in a number of health & safety related management roles in the UK
and across the Tesco Group. | am authorised to respond on behalf of TSL.

2 May | first take this opportunity to express my personal condolences and those of the
senior leadership team and colleagues at TSL, to Mr Ojerinde’s family.

3. As you will be aware and have noted in the PFD Report, the Report was written and
sent before TSL had any direct contact with the Coroner’s office and prior to any
hearings within the Inquest process. As such, we understand that the information
and conclusions within the PFD Report rely on information provided by third parties,
including Greater Manchester Fire and Rescue Service (“GMFRS”). TSL has not had
sight of the information provided to the Coroner by GMFRS or other relevant third
parties (but it is hoped that in time, in assisting with the Coroner’s investigation, it
may receive further information which will assist it with its further consideration of

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matters arising from the tragic circumstances of Mr Ojerinde’s death). The following
information may therefore be known to the Coroner already, but if not then we hope
it is of assistance generally, and particularly in clarifying the status of the
Improvement Notice referred to in the PFD Report, which appears to have been a
significant factor in the decision to issue the PFD Report at this stage of the Coroner’s
investigation.

Primary Authority Advice

Hertfordshire Fire & Rescue Service (“HFRS”) are the Fire Primary Authority partner
for TSL under the provisions of the Regulatory and Enforcement Sanctions Act 2008
(“RES Act”). On 15 December 2020, HFRS issued Primary Authority Advice pursuant
to s.27 RES Act to TSL relating to: “The use of intuitive monitoring systems to allow
petrol filling stations to trade without a dedicated person permanently monitoring
CCTV for each individual site” (the "PA Advice”).

The relevant part of the PA Advice confirmed “The PA has examined and assessed the
intuitive system and the policies/procedures in place to support its operation during
unattended self-service. We are satisfied as an authority that Tesco have risk
assessed the system and ensured that control measures are in place to ensure that it
meets the requirements of the legislation mentioned above.”

The legislation referenced was The Petroleum (Consolidation) Regulations 2014 and
The Dangerous Substances and Explosive Atmospheres Regulations 2002.

The PA Advice applied to TSL’s petrol filling station and operations at Blackley,
Manchester, and was valid at the time of the incident involving Mr Ojerinde on
4 September 2023.

Draft Section 21 |Improvement Notice

At Section 3 of the PFD Report, titled ‘INVESTIGATION’, the Coroner states that “/ have
been made aware of a Section 21 Improvement Notice pursuant to Health and Safety
at Work Act 1974 from Greater Manchester Fire and Rescue Service”.

| can confirm that on 1 March 2024, having been contacted by GMFRS, HFRS made TSL
aware of adraft Section 21|mprovement Notice that GMFRS intended to serve on TSL.

It is understood that as the draft Improvement Notice conflicted with the PA Advice
issued by HFRS, HFRS directed GMFRS not to take enforcement action (i.e. not serve
the notice) in accordance with the Primary Authority regime and Regulation 28 RES
Act. We understand that GMFRS did not appeal HRFS’ direction not to take
enforcement action and accordingly no Section 21 Improvement Notice was served
or took effect.

TESCO

Coroner’s concerns
We note the Coroner’s matters of concern in Section 5 of the PFD Report.

TSL takes its safety responsibilities very seriously and many years have been spent
developing and refining its systems and procedures to ensure safety - for colleagues,
for customers, and for others such as contractors or the general public.

It is hoped that reassurance is provided by the fact that TSL have in place systems
which have been approved as legislatively compliant by a competent and specialist
regulator operating in the same regulatory field as GMFRS.

Further and whilst the systems in place at the Blackley petrol filling station at the time
of the incident were subject to, and complied with, TSL’s PA Advice, we would like to
assure the Coroner that TSL takes every opportunity to review its processes and
systems whenever an incident occurs, including in respect of any Primary Authority
Advice as appropriate. It is committed to keep the relevant processes and systems
under careful review as the Coroner’s investigation continues (and as the Coroner is
aware it appears there is considerable disclosure still to be made in the Coroner’s
investigation, such disclosure as has so far been made being limited primarily to
medical matters).

After this incident and before the PFD Report was issued - recognising the
seriousness of the tragic events, acknowledging the legitimate interest of GMFRS, and
also recognising that broader industry considerations applied and broader industry
knowledge and experience would be valuable - TSL had initiated and then
commenced discussions with GMFRS and HFRS to set up a collaborative working
group with relevant stakeholders both within TSL and externally throughout the
industry and with enforcing authorities. Once established, the group will be chaired
by Clare Scawthorn, in her independent capacity as Technical Manager for the
Petroleum Retailers Association.

In the meantime, and as a precursor to the work to be done by the working group,
Tesco is working with GMFRS and HFRS to establish the scenarios which may occur at
a remotely monitored petrol filling station and be observed by CCTV, to identify if and
where improvements can be made to mitigate any risk.

The intention of the collaborative working group is to review and discuss the
scenarios within the wider group of relevant stakeholders, share knowledge, and
consider what opportunities, whether operational or technological, may be available,
including to ensure that any proposed changes can be implemented on an industry-
wide basis. This approach recognises that the issues which appear to arise will not
solely be relevant to TSL’s operations, but of broader industry significance and

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application and is proposed with a view to establishing a series of commonly adopted
standards. We hope that this exercise will be beneficial to the petroleum industry as
a whole and the safety of our customers and public at large.

Yours faithfull

Group & UK People Safety Director
For and on behalf of Tesco Stores Limited