JJ Wilson
PFD Report
All Responded
Ref: 2019-0243
All 1 response received
· Deadline: 7 Nov 2019
Sent To
Response Status
Responses
1 of 1
56-Day Deadline
7 Nov 2019
All responses received
About PFD responses
Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.
Source: Courts and Tribunals Judiciary
Coroner’s Concerns
The Court heard evidence that whilst there are regulations regarding clothing to be worn during race events, set by the FIA, there are no regulations for clothing to be worn whilst testing a racing car on a test track. The Court heard evidence that JJ was wearing racing boots, gloves and a new Schuberth race helmet, but was wearing ordinary combat trousers. The Court heard evidence that racing overalls were available had JJ wanted to wear these. Whilst for the Surrey Police Collision Investigation Unit confirmed in her evidence that JJ’s clothing would not have made any difference to the sad outcome in this case, I am concerned that fire retardant overalls are not a requirement to be worn by all test track drivers.
It is not obligatory for fire retardant overalls to be worn by test track drivers which creates a potential risk of death or serious injury in the event of a crash in circumstances similar to that which caused the death of JJ Wilson;
Consideration should be given to whether any steps can be taken to address the above concerns.
It is not obligatory for fire retardant overalls to be worn by test track drivers which creates a potential risk of death or serious injury in the event of a crash in circumstances similar to that which caused the death of JJ Wilson;
Consideration should be given to whether any steps can be taken to address the above concerns.
Responses
Response received
View full response
Dear Ms Loxton
TITLE DEATH OF JJ WILSON - REGULATION 28 REPORT – ACTION TO PREVENT FUTURE DEATHS I refer to the above report which was sent to me by email on 18.7.2019. You kindly gave HSE an extension until 30th September to respond to the letter. I have consulted with the relevant central policy section and HQ safety unit in preparing this HSE response. At section 5 of the report you express concern about a lock of obligation ‘for fire retardant overalls to be worn by test track drivers which creates a potential risk to death or serious injury in the event of a crash in circumstances similar to that which caused the death of JJ Wilson’ In support of this concern you highlight evidence heard that FIA Regulations do not require or stipulate clothing to be worn when testing a racing car on a test track. These Regulations are not made with regard to UK legislation or by HSE and are, in fact the regulations of the Sport’s international governing body. Despite this the manufacturers of racing cars when instructing employees or third parties undertaking work for them under a master/servant relationship have a duty under UK legislation. The Management of Health and Safety Regulations 1999, Regulation 3 require the assessment of foreseeable risk from the activities to be completed and the findings of any assessment to be made known, and understood, by employees and any persons under their control.
2 Having reviewed the information and legislation in place, regarding the need for assessment of foreseeable risk, it is concluded that there is no gap when the applicable legislation in relation to duties and the workplace if the current requirements are implemented and instructions followed. HSE considers that no action is required because existing UK law includes the requirement to assess, along with many other risks surrounding the activity, the need for wearing of fire-retardant overalls. The requirements within the FIA Regulations are outside the comment of the HSE but as said earlier FIA Sports rules and regulations are required to have notice and compliance to health and safety law and where there is a gap it is for them as the sport’s governing body to close this gap and ensure compliance.
Yours
Regulatory Inspector
TITLE DEATH OF JJ WILSON - REGULATION 28 REPORT – ACTION TO PREVENT FUTURE DEATHS I refer to the above report which was sent to me by email on 18.7.2019. You kindly gave HSE an extension until 30th September to respond to the letter. I have consulted with the relevant central policy section and HQ safety unit in preparing this HSE response. At section 5 of the report you express concern about a lock of obligation ‘for fire retardant overalls to be worn by test track drivers which creates a potential risk to death or serious injury in the event of a crash in circumstances similar to that which caused the death of JJ Wilson’ In support of this concern you highlight evidence heard that FIA Regulations do not require or stipulate clothing to be worn when testing a racing car on a test track. These Regulations are not made with regard to UK legislation or by HSE and are, in fact the regulations of the Sport’s international governing body. Despite this the manufacturers of racing cars when instructing employees or third parties undertaking work for them under a master/servant relationship have a duty under UK legislation. The Management of Health and Safety Regulations 1999, Regulation 3 require the assessment of foreseeable risk from the activities to be completed and the findings of any assessment to be made known, and understood, by employees and any persons under their control.
2 Having reviewed the information and legislation in place, regarding the need for assessment of foreseeable risk, it is concluded that there is no gap when the applicable legislation in relation to duties and the workplace if the current requirements are implemented and instructions followed. HSE considers that no action is required because existing UK law includes the requirement to assess, along with many other risks surrounding the activity, the need for wearing of fire-retardant overalls. The requirements within the FIA Regulations are outside the comment of the HSE but as said earlier FIA Sports rules and regulations are required to have notice and compliance to health and safety law and where there is a gap it is for them as the sport’s governing body to close this gap and ensure compliance.
Yours
Regulatory Inspector
Report Sections
Investigation and Inquest
The inquest into the death of JJ Wilson was opened on 5th March 2018. It was resumed on 2nd July 2019 before a Jury and was concluded on 4th July 2019. The Jury found the medical cause of death to be: 1a. Blunt Head and Neck Trauma
The Jury determined that JJ Wilson died as a result of an Accident.
The Jury determined that JJ Wilson died as a result of an Accident.
Circumstances of the Death
JJ Wilson (“JJ”) worked as a Mechanic for Double R Racing. He trained as a mechanic at the National College for Motorsport and began working for Double R Racing in 2012. JJ left Double R Racing for 18 months before returning to the Company to work as a Senior Mechanic from February 2016 until his death.
Copies Sent To
1. See names in paragraph 1 above
3. Double R Racing Ltd
4. Longcross Test Track and Proving Ground
Signed
ANNA LOXTON
DATED this 17th day of July 2018
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.