Kelly Tolhurst MP RECEIVED Department for Business, Energy & Department for Industrial Strategy Victora Street 15 NOV 2018 London Business; Energy Ch SW1H OET & Industrial Strategy +44 (0) 20 7215 5000 enquires@beis gov uk Mgouuk Alison Mutch OBE HM Senior Coroner Coroner's Court Mount Tabor Street Stockport November 2018 SK1 3AG Qoo MS Muleh Thank you for your letter and Regulation 28 Report to Prevent Future Deaths, dated 28 September 2018, following your investigation and inquest into the death of Mr Donald Peter Berry on 23 August 2016, who died due to injuries and subsequent ongoing health complications from an accidental electrocution by a high voltage power line whilst working at the Kendal Calling Festival. am responding as the Minister responsible for Product Safety Policy: would first like to say how sorry was to hear about this grievous incident: If you have the opportunity, please convey my deepest sympathies to Mr Berry's family: note that in your report you identify that the organisers of event did not properly consider the health and safety risk of high voltage electrical installation at the place of the event: This is not an issue relating to the safety of an electrical appliance, which would fall within my Department's remit. As this is a health and safety at work issue, it falls within the remit of the Health and Safety Executive (HSE) , who are sponsored by the Department for Work and Pensions. note you have sent this notice to the Acting Chief Executive of the HSE. My officials have contacted the Principal Inspector at the Health and Safety Executive (HSE) to inform him of your letter: understand that the Principal Inspector will be responding shortly: If you would like to get in contact with him directly, his details are as follows: HM Principal Inspector of Health and Safety Entertainment, Leisure, Commercial and Consumer Sector Health and Safety Executive 19 Ridgeway 9 Quinton Business Park Quinton BIRMINGHAM B32 1AL Tel: 0203 028 1713 the

Dear Ms Mutch, Thank you for your letter dated 28* September regarding the inquest into the death of Mr Beny: Following your request lor further information on what changes havc been made to the operations ofour business (o help prevent future incidents [ enclose a letter from is the current Health and Salety advisor for Kendal Calling who works on belalf of event production company Ground Control. Ground Control were appointed the season following Ule incident to undertake all and event management activity for Kendal Calling: are industry leading prolessionals and have a joined up approach on safety and event production: hope this information is suflicient for the request If you further information please contact me on the details at the header ol this letter: Sincerely, Director Kendal safety They requirc any Calling:

Dear Ms Mutch Prevention of future deaths report Donald Peter Berry Date of death 23 August 2016 Inquest at Manchester South Coroner's Court on 24 August ~ 8 September 2018 am responding to your Regulation 28, Prevention of Future Deaths report addressed tob Chief Executive of the HSE that arises from your inquest into the dealh 0f Mr Bemy: Your report was passed t0 me as head of the team with responsibility for national health and safety policy for the entertainment and leisure sector. You raised concerns as to high voltage overhead power lines not being identified as a hazard by the event organisers, nor relevant other parties, which resulted in the incident that ultimately led to Mr Berry's death: Event organisers, in common with other employers, have responsibilities under the Health and Safety at Work etc: Act 1974 to ensure, S0 far as is reasonably practicable, the health, safety and welfare of their employees. Event planners and organisers must consider the risks to these employees and take reasonably practicable steps to control those risks throughout the whole process, from set-up to take-down: Proper planning and organisation of such events should include consulting and acting upon the guidance and advice provided by HSE and by industry bodies. HSE has published web-based event safety guidance to help event organisers comply with their legal duties see http Ilwhse gov uklevent-safetvlindex_htm The guidance helps organisers identify risks, such as those arising contact with overhead high voltage power lines In addition; and referred to in your report; the industry produced guidance 'Purple Book' covers a wide range of legislative requirements that event organisers need to take into Salety Acting from

account; including workplace health and safety law The 'Purple Book' has a section on electrical safety which includes reference to the importance of organisers identifying existing overhead power lines t0 ensure that controls are in place to ensure the safety of those working beneath those lines: HSE leads on national occupational health and safety policy for the entertainments and leisure sector; whilst Local Authorities are responsible for enforcing the law at individual events in their geographical area. In this case, Eden Council successfully prosecuted the event organisers for breaches of the Health and Safety at Work etc. Act 1974 in March 2013. consider that the current available guidance enables event organisers and other relevant persons and bodies to identify the risks arising from overhead power lines: will however take the opportunity to raise awareness of this incident with industry stakeholders, underlining the importance of all people involved in event organising and planning to adhere to the standards set out in guidance_