In Court

An agricultural firm has been fined after an employee lost a finger when his hand became trapped in a machine.  A male worker at CYO Seeds Ltd was cleaning a machine at a site in Shipbourne, Tonbridge, Kent, on 10 February 2021, when his glove was caught by a rotating device. His handed became trapped and his right index finger was amputated.

An investigation by the Health and Safety Executive (HSE) found the company had removed part of the outer casing of the machine and had replaced it with a sliding cover. The cover was easily removable and exposed dangerous parts of the machine when it was running. When cleaning the machine at the end of the working day, it was common practice to run the machine for a short period of time with the sliding cover removed.

CYO Seeds Ltd, of Chilton, Oxfordshire, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. They were fined £15,000 and ordered to pay costs of £3,300 at Oxford Magistrates’ Court on 8 November 2022.

A farmer has been sentenced after a worker suffered multiple injuries after becoming entangled in the contra-rotating rollers of a potato harvester.

On 21 August 2020 the worker was involved in unblocking the potato harvester when he stepped down on to the rollers. The worker was pulled leg first into the machine and became stuck up to his knee. This resulted in burns to the leg, a pulled hamstring, torn calf, broken nerves and hairline fractures to the knee and ankle.

An investigation by the Health and Safety Executive (HSE) found that the farmer had failed to implement a ‘safe stop procedure’ to isolate power and stop the movement of the rollers before the worker accessed them.

A livestock auction mart has been fined after an employee was fatally injured when he was struck by a dairy bull he was helping to load it on to a lorry.  Preston Magistrates’ Court heard that on 25 August 2017, the employee was helping to move a bull and four cows towards a waiting lorry at the premises of his employer Gisburn Auction Marts Ltd. Whilst trying to load the livestock into the lorry, the bull turned and attacked the employee, causing fatal injuries.

On 8 July 2019 a child was fatally injured when he fell from the cab footplate of a telescopic handler. As the vehicle turned into a field the child fell from the footplate and was fatally crushed beneath the wheels.

An 83-year-old man was fatally attacked by cattle on 30 May 2020. The an and his wife were attacked by cattle whilst following a public right of way across Ivescar Farm at Chapel-Le–Dale in Carnforth.  An investigation by the Health and Safety Executive (HSE) found that the couple were walking on a footpath that passed through the yard at Ivescar Farm, following a right of way that runs from the farm down to the road. They were accompanied by two border terriers. The couple were attacked by cattle that were grazing in the field with calves at foot. The 83-year-old man was trampled and pronounced dead at the scene and his wife sustained serious injuries.

An investigation by the Health and Safety Executive (HSE) found that the telehandler’s safety device, designed to stop loads being lifted so high, had not worked for a long time and maintenance had failed to identify this. Furthermore, the machine operator had not received full training in its use and the machine was regularly used to lift overly heavy loads.

During the investigation it emerged that the farmer had been complicit with the work his son had carried out on his property and as an employer he had a duty to maintain the electrical system relating to the caravan and make sure that it was not dangerous.  The farmers son was sentenced for gross negligence manslaughter receiving six years and six months in prison and the farmer received a sentence of 10 months prison sentence suspended for two years. 

The farm worker made a catastrophic error when he failed to secure a straw bale that tumbled from a trailer and crushed a cyclist on a rural lane.

Cyclist suffered reduced levels of alertness and was placed in an induced coma for 13 days.  His injuries included bleeding on the brain, damaged vertebrae and a fractured shoulder bone. 

The farm worker admitted causing serious injury by dangerous driving.  He had loaded six round bales of straw side by side on the trailer with two more on top.  Another bale was carried on the spike of the JCB telehandler that towed the trailer. The bales were not secured to the trailer by any means other than their own weight. 

The farm worker was jailed for 12 months suspended for 18 months.

A 3 year old boy was pulled into an auger leaving him with deep lacerations and causing him to require plastic surgery.  On the same farm a two year old had been killed when he was struck by a telehandler.  The case pre dates changes to the sentencing guidelines and the outcome was as follows:

• fine £3000 plus costs of £500
• 2 year conditional discharge plus £500 in costs
• fined £5000 plus £500 in costs
• fined £1000 plus £500 in costs

Speaking after the case the HSE inspector Stuart Parry said:

Children should be kept in a safe place, such as a dedicated play area.  Alternatively if they are observing farm work, it should be at a safe distance with a component audit providing supervision, and that adult must not be the person undertaking the work task. 

The farm company failed to adequately identify and manage the risks associated with cleaning grain stores.  Employee standing on top of a grain bin and using a broom to clean down the exposed inner surfaces.  Employee was wearing a fall-arrest lanyard which was secured to a ladder inside the bin. The employee sank into the grain which was emptying slowly through a small opening at the bottom of the bin several feet below the surface.  Colleagues and emergency services were unable to save the employee. 

Outcome:

• fined £50,000 with costs of £22,000.

Two farmers were using a tractor mounted fleece winder machine to wind rope.  The machine was not suitable for the rope winding due to its design and it had a significant run down time after it was switched.  There was no automatic cut off or braking system in the event of entanglement.

The farming partnership was fined £60,000 plus costs of £45,548 and the Contractor was ordered to pay £20,000 plus costs of £15,516.

HSE found that the company failed to take adequate protection to prevent workers from falling from height.  There was no edge protection, under roof netting or boarding provided on the site. The company relied on an ineffective use of harnesses.