A1 It is difficult to give precise figures, as this is an area where an accurate record has not been kept. Both HSE and the industry believe there to be significant under-reporting of accidents. The latest figures that HSE has shows that over the last 5 years there have been 21 serious accidents to members of the public, including 3 fatalities. These do not include any collated by local authorities themselves.
A2 There have been accidents to visitors of all ages. And we know of at least two 'near miss' incidents involving workers where a memorial has fallen into a grave as it was being dug. Most fatal accidents have involved young children.
A3 In 1998 the industry's own research highlighted the problem. In 2000 the tragic death of a child in Yorkshire spurred BAs into taking action. This was given further impetus in 2001 by a report by the Select Committee on Environment, Transport and Regional Affairs that concluded a new approach was needed to cemeteries as a whole.
A4 The cause of the toppling of memorials has in the great majority of cases been linked to inadequate cemetery upkeep and maintenance regimes. But poor design and installation of relatively recent memorials are recognised as a factor.
Q5 How should BAs go about testing stability?
A5 Responsibility rests with the BAs to decide what criteria they use to test the structural safety of memorials. Their industry guidance sets out a recommended procedure, including when to use mechanical testing devices.
A7 Local authorities, which function as BAs, in England and Wales are empowered under the provisions of the Local Authorities Cemeteries Order 1977 (LACO) to take immediate action to make safe dangerous memorials. Under the provisions of the LACO, the BA can remove any unauthorised memorials and charge a fee. In Scotland, BAs operate under the Burial Grounds (Scotland) Act 1855 but have used the contents of the LACO as a benchmark.
A8 The LACO empowers BAs but it also prohibits them from taking direction action to remove an unstable memorial which presents no immediate risk without following strict procedures, involving posting public notices and seeking the permission of the owners, if they can be identified. It is the failure to follow these procedures which it seems has led to most public concern.
A10 The Health and Safety at Work etc Act 1974 (HSWA) requires BAs (as employers), to ensure not only the safety of their employees but also those not in their employment, that is members of the public, who might be affected by the way they conduct their undertaking. Also, the Management of Health and Safety at Work Regulations 1999 require all employers to assess the risks to employees and non-employees, which arise out of their undertaking.
A11 No. It is satisfied that most of the 3000 BAs across the UK, are, in the spirit of self-regulation, dealing with the issue effectively. However, a group representing the whole of the industry, and including HSE, is looking to produce very simple guidance in the near future
A12 Under HSWA the owner has no duties but the responsibility for ongoing maintenance of individual memorials rests with the grave owners or other person granted the right to place and maintain a memorial on a grave space. When a BA grants a member of the public the right to erect and maintain a memorial they are permitted to do so on such terms and conditions they think proper, which may include a maintenance agreement with the family. The industry guidance gives more details