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Alan Dransfield's Blog

Freedom of Information and Health and Safety

This blog is aimed at shaming those who ignore health and safety and those who abuse the Freedom of Information Act out of laziness, corruption or to cover up incompetence.

Un-redacted HSE report requested

Windfarms Posted on Sat, February 04, 2017 08:01:10

Email sent – Sat 04/02/2017 07:50

HSE Northern Ireland

Dear Sir

Under protection of the FOIA 2000, please provide me an
un-redacted copy of the Health and Safety Executive report into the recent collapsed wind turbine (WT) on
the Bagnyhill Rd – Ballynachimat Road.

I say un-redacted because I also rely on Article 10 of the EU
Convention.

With thanks

Yours sincerely

Alan Dransfield



Heavily redacted report on the collapse of the Co Tyrone wind turbine

Windfarms Posted on Sun, September 18, 2016 00:50:49


Come on Chris Graham, do the right thing for once.

Windfarms Posted on Sun, June 05, 2016 08:01:16

Email sent – Tue 31/05/2016 06:10

To – <casework@ico.org.uk>

Dear Sirs

Please see the HSENI report on
the collapsed Wind Turbine in Co Tyrone Northern Ireland.

I now wish to elevate this
complaint to the ICO because there is new evidence now available that the HSENI
are acting in consort with 3rd parties to cover up crimes. The new
evidence I refer to is photographs that the debris from the collapsed wind
turbine offers far more threat to the general public than reported by the
HSENI.

I fully understand my
request to the ICO exceeds the time limit for the ICO as laid down by the FOI
but the new evidence I now hold confirms the HSENI have acted in bad faith.

Moreover and more importantly,the HSENI attached report
supports my allegations that they have acted in bad faith. Their report has been
redacted to approx 80% .

No person applying a right and proper mind would redact a public document to such a degree and Christopher Graham the IC is on record
saying documents which are heavily redacted generally reflect wrongdoing.

I consider my request comes under the FOIA/2000 and not the
EIR 2004. Granted, it is ref a wind turbine but that does not equate to EIRA
2004.

For your information, action and
files

with thanks

Yours sincerely

Alan M Dransfield



No rush then

Windfarms Posted on Sun, June 05, 2016 07:54:11

Email sent – Tue 31/05/2016 09:10

To Ben Bradshaw, MP

Dear Mr Bradshaw

This is the HSENI report for the collapsed wind turbine
in Jan 2015. Please note it took them 8 months to publish the report, and they
didn’t visit the site until one week post collapse

I appreciate this is outside your remit but I am merely
showing you how incompetent/ corrupt the HSE are.

With thanks

Yours sincerely

Alan M Dransfield



Why, Mr O’Neill, why?

Windfarms Posted on Sun, June 05, 2016 07:38:29

Email sent – Thu 02/06/2016 06:55

To – Liam.O’Neill@hseni.gov.uk

Dear Sirs

I have now appealed your FOIA decision against me to the ICO
and I fully appreciate that I have exceeded the time limit for such appeals but
I am now of the opinion the HSENI are acting in consort with others to cover up
serious crimes on the Co Tyrone Screggagh Wind Turbine collapse.

Christopher Graham, the
Information Commissioner is on record stating that any heavily redacted
response from a Public Authority would reflect wrongdoing by that PA.

The original HSENI report has been redacted to an unacceptable
degree, say, 80% of the report has been redacted.

The ICO will contact you in due course.

For your information, action and files

With thanks

Yours sincerely

Alan M Dransfield

On Fri, Jan 29, 2016 at 4:03 PM, O’Neill, Liam <Liam.O’Neill@hseni.gov.uk>
wrote:

Dear Mr Dransfield,

FREEDOM OF INFORMATION ACT 2000 (FOIA)

I refer to your request for information which is being
considered under the above Act.

You asked us for ‘copies of the CV’s for Mr Neeson and Mr Wright
the two investigating officers responsible for the Safety Report on the
collapsed Wind Turbine in Co Tyrone NI in Jan 2015’.

I can confirm
that HSENI does not hold curriculum vitae (CV) for members of its staff but it
does hold information which would normally be in a cv such as qualifications.

I can advise that
on joining HSENI to be a health and safety inspector, candidates must have a
primary degree, normally a Bachelor of Science. During the first stage of their
employment in HSENI inspectors must achieve the Postgraduate Diploma in
Occupational Safety and Health. In addition, inspectors undertake specialist
training in different aspects of the work. Whilst this does not directly answer
your request for the CVs of Mr Wright and Mr Neeson, I believe it explains the
minimum generic qualifications held by inspectors in HSENI.

You should also
be aware that HSENI has obligations to protect other information, in this case
the personal information of employees, under the Data Protection Act 1998
(DPA). The exemption provided for at section 40 (2) of the FOIA states :

Section 40 (2) FOIA

Any information
to which a request for information relates is also exempt information if –

(a) it
constitutes personal data which do not fall within subsection (1), and

(b) either the
first or the second condition below is satisfied.

HSENI
believes that other information held about inspectors to be personal data and,
in some instances sensitive personal data. We have also considered whether if
disclosure would breach any of the data protection principles in respect of
section 40(3)(a)(i) of the FOIA detailed below,

Section 40 (3)

The first
condition is –

(a)
in
a case where the information falls within any of the paragraphs (a) to (d) of
the definition of “data” in section 1(1) of the Data Protection Act 1998, that
the disclosure of the information to a member of the public otherwise than
under this Act would contravene –

(i) any of the data protection principles.

The first
principle in the Data Protection Act states:

“1. Personal data
shall be processed fairly and lawfully and, in particular, shall not be
processed unless – (a) at least one of the conditions in Schedule 2 is met.”

HSENI do not feel
that employees would reasonably expect their personal information to be
disclosed and that any such disclosure contravenes the principle of ‘fairness’
contained in the first Data Protection Principle, therefore the exemption
provided by Section 40(2) and (3) of the Freedom of Information Act is engaged.

This is an
absolute exemption and not subject to the Public Interest Test.

If you have any queries about this email, please contact me
quoting the reference number above in any future communications. If you are
dissatisfied with the way in which HSENI has handled your request, please go to
http://www.hseni.gov.uk/about-hseni/content-foi.htm
which explains the actions that are available to you.

Yours sincerely

Liam O’Neill
Information Manager
Tel:

028 9054 7088 (ext: 47088)
Mob: 07979365934



Request for collapsed wind turbine as built health and safety files

Windfarms Posted on Sun, June 05, 2016 07:34:24

Email sent – Fri 03/06/2016 05:53

To – Liam.O’Neill@hseni.gov.uk

HSENI

Dear Sir

Under protection of the FOIA
2000, please provide me with a pdf copy of the As Built Health and Safety File
for the Wind Turbine in County Tyrone which collapsed on Jan 2nd 2015.

With thanks

Yours sincerely

Alan M Dransfield



Screggagh Wind Turbine collapse report

Windfarms Posted on Sun, June 05, 2016 07:31:04


Wind turbine collapse

Windfarms Posted on Sun, June 05, 2016 07:27:36

Email sent – Sat 04/06/2016 06:30

To – Liam.O’Neill@hseni.gov.uk

Dear Sir

Please provide me with

1. Copy of all photographs taken at the scene of the Wind Turbine collapse.

2. A copy of the HSENI map of the debris.

3. A Cost breakdown of the WT collapse,including site
visits, expenses, compiling report, overtime etc.

With thanks

Yours sincerely

Alan M Dransfield



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