A Cornish tractor sales firm has been heavily fined after an employee suffered horrific injuries in an accident at work.
B&B Agricultural Sales Limited was fined and ordered to pay a combined total of over £15,000 after one of its employees had an accident resulting in broken wrists, broken arms and skull fractures on 1 May 2012.
On the day in question Mr Jacob Wingett was working at B&B Agricultural Sales Ltd’s premises at the Doublebois Industrial Estate when he suffered the accident. He was fitting a number plate to the top of a tractor cab by standing on the cross shaft when he fell about a metre to the ground below, causing him to break both wrists, both arms and to suffer a shattered skull. As a result of the accident he had to undergo several operations and was unable to work for over a month. He also had to have pins and plates put in both arms. It is not clear as to whether he has or will claim personal injury as a result of the accident.
The Health and Safety Executive subsequently investigated the accident and found that the firm had failed to put in place any measures to stop injury occurring to employees who were working at height, or at all. There was no plan for the work, no safe system of working and no suitable training or supervision. The Health and Safety Executive therefore recommended that the firm be prosecuted for breaching health and safety legislation.
The case came before the Truro Magistrates’ Court on 6 December 2013. B&B Agricultural Sales Limited pleaded guilty to a breach of s.2(1) of the Health and Safety at Work etc Act 1974 and was fined £7,000, as well as being ordered to pay the prosecution’s costs to the sum of £8,142.
HSE Inspector Mr Gareth Cottle stated after the sentencing: “Mr Wingett’s serious injuries could have been avoided with some simple measures including planning the work properly, providing proper equipment, such as a platform to work on and adequate training and supervision.”
Chris Hadrill, an employment law solicitor at Redmans, commented on the case: “Businesses have an obligation to put in place a safe system of work for their employees. The HSE clearly felt in this instance that the company concerned didn’t take reasonably practicable steps to attempt to ensure the health and safety of its employees.”
Redmans Solicitors are employment law solicitors and settlement agreement lawyers, and can help employers get in touch with criminal defence solicitors if there has been an accident at work.
Please note that Redmans were not in any way associated with this case
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