Wheelchair and Passenger Restraint Equipment

1. Wheelchair and Passenger Restraint Equipment A straightforward presentation to be viewed at your leisure Bringing Safety to the Heart of your Business Puwertec Ltd are unique in that we are the only company supported by major manufacturers of the above medical device equipment in the UK, providing maintenance services to this essential safety equipment. The Question is NOT WHY SHOULD, BUT WHY DON’TTransport Providers have Wheelchair and Passenger Restraint Equipment Professionally Tested, Serviced and Maintained and provide detailed assessment information to transport staff with regard to safely transporting wheelchair users? .

2. Services • Formal equipment maintenance and certification Carried out when vehicles are not in use to avoid disruption to services. • Staff training Job specific and adaptable to meet the needs of the customer. • Operational review Reporting on the processes undertaken by contractors and in-house services. • Vehicle standards Assessing the suitability of vehicles and equipment in use. • Wheelchair Passport Scheme Ensuring the appropriate wheelchairs are carried and appropriately secured.

3. Development Services have been developed with the co-operation, and support of leading manufacturers, who stress the need for regular equipment maintenance. Do you have a system in place to formally maintain this equipment ? To provide our on site services we have been trained in all aspects and operation of equipment, to identify equipment which presents a risk to staff and service users. Does your equipment maintenance, meet with current legislation and follow the manufacturers specifications and recommendations ? Where an organization operates 25 vehicles transporting 2 wheelchair users to and from a location each day, annually equipment is utilized to secure wheelchair dependant users over 25,000 times. How many wheelchair users do you carry on average each year ?

4. Development Each journey presents a risk to both Service Users and Staff if equipment is not appropriately maintained. What practicable steps does your organization take to reduce risks ? An insurer may only pay a proportion on costs if it were found equipment was faulty due to lack of appropriate maintenance. Would your insurer accept liability if the lack of training and equipment maintenance was a contributory factor ? Each time the passenger lift is used predominately it is for a Wheelchair User to gain Access/Egress to a Vehicle. Passenger Lifts are Serviced 2 – 3 Times a year. When was your wheelchair and passenger restraint equipment last serviced , opposed to informal staff checks ?

5. Legal Under the Health & Safety at Work Act, specifically the Provision and Use of Work Equipment Regulations - An employer must take steps to ensure equipment is appropriately maintained. In the event of an accident are you able to provide documentation to the HSE detailing scheduled formal maintenance of equipment ? Medicines and Healthcare Products Regulatory Agency (HMRA) “Incidents resulting in death or serious injury to wheelchair users are occurring as a result of failure to adhere to manufacturers’ user information or from inappropriate or inadequate maintenance.” Medical Device Alert (Ref. MDA/2005/002) states that you must ensure that: • Up to date copies of user and maintenance information are available • Policies and procedures are in place to ensure that maintenance is carried out in line with the manufacturer's information

6. Legal Road Traffic Act– Section 40A - A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when — • (a)the condition of the motor vehicle or trailer, or of its accessories or equipment, or • (b)the purpose for which it is used, or • (c)the number of passengers carried by it, or the manner in which they are carried, or • (d)the weight, position or distribution of its load, or the manner in which it is secured, • is such that the use of the motor vehicle or trailer involves a danger of injury to any person.“ Road vehicles (Construction and Use) Act – Regulation 100 • This act requires that any equipment or passengers in a vehicle are carried in such a manor that no danger is likely to be caused to those passengers or to anyone else. If a wheelchair is not secured it might be held that an offence has been committed.

7. Legal Corporate Manslaughter: New law could become the prosecution of choice. “The new Act merely reinforces the obligation on a company to comply with existing health and safety legislation.” “The reality is that a jury hearing a corporate manslaughter case will still have to find that there has been either a gross breach of duty by the company or a senior manager or “gross negligence manslaughter” for failing to embed a health and safety culture within its management process.” Corporate manslaughter “will become the prosecution of choice, with the prospect of the managing director standing in the witness box alongside the driver.” Casualty Costs Road Accidents Great Britain 2000 Casualty Statistics 2002 Slight Injury £9,920 Slight Injury £16,750 Serious Injury £128,650 Serious Injury £168,260 Fatality £1,144,890 Fatality £1,447,490

8. News Release (27 June 2012) SCOTTISH AMBULANCE SERVICE BOARD FINED AFTER DEATH OF MAY JEAN MORRIS At Paisley Sheriff Court today, the Scottish Ambulance Service Board (SASB) was fined £55,000 (reduced from £80,000 on account of the plea) after pleading guilty to a breach of Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974, which led to the death of Mrs May Jean Morris, 78. The SASB pleaded guilty to failing to make a suitable and sufficient assessment for the period between June 2007 and December 2008 of the risk to the health and safety of members of the public who were in wheelchairs while being transported in their vehicles. By failing to provide a wheelchair tie-down and occupant restraint system, they also failed to ensure that Mrs Morris was adequately secured in the Passenger Transport Vehicle. Further, they failed to provide such information, instruction and supervision as was necessary to ensure that the vehicle was only deployed for transportation of wheelchair users for which the necessary wheelchair tie-down and occupant restraint systems (WTORs) equipment for their safety was provided. On 10 December 2008, Mrs. Morris was travelling as a passenger within the Passenger Transport Vehicle. Although her wheelchair was secured by webbing straps to the floor of the vehicle, Mrs Morris was only secured by means of a nylon lap belt which was part of her wheelchair. This was contrary to SASB protocol for the transport of a person while in his or her own wheelchair. The vehicle was involved in a low speed collision while waiting in a line of traffic in Renfrew Road, Paisley. As a result of being inadequately secured, Mrs Morris was thrown from her wheelchair and sustained injuries from which she died 3 days later.

9. News Release (Cont) The investigation established that SAS managers knew of the failure to provide and deploy WTORS. The specification of equipment on the vehicle was below what was requiredto safely complete the scheduled days work. Following the case, Elaine Taylor, Head of the COPFS Health and Safety Division, said: “The Scottish Ambulance Service Board has today pleaded guilty to a significant breach of their duty not to expose to risk to their health and safety patients in wheelchairs requiring transport for medical care and hospital appointments in their vehicles. “Those in wheelchairs were vulnerable persons who relied on the Scottish Ambulance Service Board to transport them safely, and yet for almost 18 months there was no safe system to ensure that they were adequately secured in those wheelchairs while in the vehicles. “A suitable and sufficient risk assessment should have identified this issue and enabled the SASB to take steps to put such a system in place. There were also deficiencies in the provision of information and instruction to staff, and a lack of supervision in relation to inspection and equipment issues. “The death of Mrs Morris was entirely avoidable and our thoughts today are with her family.” HSE Inspector Graeme Waller said: "Mrs May Jean Morris died unnecessarily as a result of the Scottish Ambulance Service failing to assess the risks associated with the transport of patients in wheelchairs. "This prosecution will draw attention to the importance of assessing and ensuring the health and safety of vulnerable people during transit as well as ensuring that vehicles used for patient transport are properly equipped and staff trained in the use of this equipment.“ End

10. Manufacturer Information “Unwin Safety Systems strongly believe that regular servicing and maintenance of safety systems combined with training in the use of these equipments, is of paramount importance to transport providers, their staff, their customers and the industry as a whole “NMI are anxious to stress the need for regular maintenance, inspection and servicing, as required of the equipment fitted to vehicles and welcome Puwertec Ltd as the UK provider of formal audit, inspection and maintenance services.”

11. Manufacturer Information “In order to enhance Staff Training and Service Inspection of Q’Straint equipment in the after-sales arena, Q’Straint Europe has identified and formed a close alliance with Puwertec Limited.” “In line with our mutual objective of Leading the World with Safety, Q’Straint recommends the services of Puwertec to our customers.” “With safety being our main aim, we believe correct training, regular inspections and maintenance of our equipment is essential to ensure the required standard of safety.” “Koller Engineering Ltd are pleased to have them provide this important after care service to our customers.”

12. Contact If you would like to further discuss the services provided by Puwertec Ltd or have any further questions please contact us, see below. Head Office 08450 0590023 Paul Csaszar (Mobile 07989 948728) David Ashford (Mobile 07903 242023) Email admin@puwertec.com Website www.puwertec.com Registered office: 11 Summerwood Close, Fairwater, Cardiff, CF5 3QS Company No 5101788 - VAT registration number: 840 5059 44