I saw a 1 hour Aberfan special presented by Huw Edwards the other night about this tragedy. The then Welsh Minister George Thomas came across as a nasty piece of work but where that tv programme fell down was it did not mention the existing legal framework.
We must not forget that this happened 8 years before the Health and Safety at Work Act and way before the EU produced directives that forced the UK government to make regulations that gave real teeth to Act. If that incident happened today, everybody from 'the tip’ charge-hand to the Mechanical and Civil Engineers at the mine to the regional and national management of the National Coal Board would be in line for prosecution. There would probably be a corporate manslaughter charge as well. The thing about the H&SWA is that the prosecution does not have to prove guilt, the defendant has to prove innocence, so if you’ve got dead bodies, somebody has failed in their duty under the Act.
The tv programme reported evidence given to the Enquiry that the charge-hand regularly covered over springs and small water courses with mine waste and did not think this was dangerous. The two engineers, while having no training in tip management, were the charge-hand’s line managers and neither of them ever visited the tip or gave instructions as to how to proceed. Buried away in the mine’s correspondence files was a memo that gave suggestions for how tips should be managed safely following a serious slip at another mine but neither of the engineers had seen it. There was no national guidelines for the management of tips and the NCB was more concerned about the politics of being a nationalised industry than with the health and safety of their workers and those affected by their operations. The people who were guilty were not bad men - they were just indifferent to the risks.
When something bad happens there are always conspiracy theories but good cock-up beats a conspiracy any day and this was a cock-up par excellence.
It's just such a crying shame that all those innocent children and their teachers had to die to make safe the rest of the mine-waste tips in the UK.
CVB