RIDDOR reports/details of injuries relating to AWPR: EIR release

FOI reference: FOI/18/01403
Date received: 16 May 2018
Date responded: 27 June 2018

Information requested

• The number of RIDDOR reports in relation to the AWPR project since its commencement broken down by the following financial years a) 2015/16 b) 2016/17 c) 2017/18.

• Please provide the details of each injury that was caused and provide the detailed description of how the injury was caused.

• The number of accidents recorded were workers have been incapacitated for more than three executive days in relation to the AWPR project since its commencement broken down by the following financial years a) 2015/16 b) 2016/17 c) 2017/18.

• Please provide the details of each injury that was caused and provide the detailed description of how the injury was caused.

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response

The number of RIDDOR reports in relation to the AWPR project since its commencement broken down by the following financial years a) 2015/16 b) 2016/17 c) 2017/18:

Totals can be found on the table below:

AWPR/B-T Project	Number of RIDDOR reports
2015/16	6
2016/17	10
2017/18	5

Regarding details of each injury that was caused and provide the detailed description of how the injury was caused:

I am unable to provide a list of these incidents as an exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information) applies to the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of industrial information provided by ARL the contractor for the project, and thus cause substantial harm to their interests as a list of incidents could detail the specific working practices of ARL and their subcontractors.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the industrial interests of companies which enter into Transport Scotland contracts.

Regarding the number of accidents recorded were workers have been incapacitated for more than three consecutive days in relation to the AWPR project since its commencement broken down by the following financial years a) 2015/16 b) 2016/17 c) 2017/18:

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise there may be some public interest in details of each injury that was caused and how they were caused clearly we cannot provide information which we do not hold.

Regarding details of each injury that was caused and the detailed description of how the injury was caused:

Although we don't hold information on the number of accidents were workers have been incapacitated for more than 3 days, Transport Scotland does however receive reports on the injuries recorded however I am unable to provide a list of these incidents as an exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information) applies to the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of industrial information provided by ARL the contractor for the project, and thus cause substantial harm to their interests as a list of incidents could detail the specific working practices of ARL and their subcontractors.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the industrial interests of companies which enter into Transport Scotland contracts.

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