Farmer sentenced after walker killed by cattle
A farmer has received a suspended sentence and been fined after an 83-year-old man was fatally attacked by cattle.
On 30 May 2020 the man and his wife were using a public right of way running from the farm in Carnforth when they were attacked by cattle.
The cattle 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 HSE inspector said: “A number of measures could have been taken to safeguard walkers using the path, while cattle and calves were grazing in that field.”
Breach
The farmer pleaded guilty to breaching Section 3(2) of the Health & Safety at Work etc Act 1974:
- Section 3(2) requires every self-employed person to ensure, as far as reasonably practicable, that themselves and other persons (not being their employees) who may be affected, are not exposed to risks to their health or safety.
Penalty
The farmer received a prison sentence of 12 weeks, suspended for 12 months, and was fined a total of £878 and was ordered to pay £7820.30 in costs.
Company fined after fatality
A structural engineering and bridge building company has been fined after an electrician fell to their death at their premises.
On 25 October 2016, an electrician was repairing wiring that had been causing a short circuit on lifting equipment of a large overhead gantry crane. When the electrician was using the cranes walkway, an access panel gave way beneath him causing him to fall approximately eight metres to the ground. The electrician sustained fatal injuries and was pronounced dead at hospital.
An HSE investigation found the company had failed to maintain the crane walkway’s access panels. The panel had been subject to a weld repair, but there was no evidence of any steps being taken to ensure that the panel was safely replaced into the void and secured to ensure it did not fail.
Breach
Cleveland Bridge UK Ltd was found guilty of breaching Section 2(1) and Section 3(1) of the Health & Safety at Work etc Act 1974, Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 8(b)(i) of the Work at Height Regulations 2005
Penalty
Cleveland Bridge UK Ltd was fined £1.5M and ordered to pay costs of £29,239.
School prosecuted after mountain rescue team was required to rescue children
A Gateshead school has been fined after a group of school children became stranded on Helvellyn in the Lake District and had to be rescued by Keswick Mountain Rescue Team (KMRT).
On 5 March 2020,the group of 13 Year 10 pupils from The Gateshead Cheder were on an organised trip led by one teacher and a teaching assistant. Weather conditions on the day were cold and icy. Despite reviewing the Lake District Weatherline Report, which stressed the dangers to those ascending above the snow line, the school decided the trip should still go ahead as planned.
Despite the winter conditions, many of the school children did not have suitable equipment. Several were wearing school shoes and school trousers while others were wearing trainers.
In winter conditions it is essential that hikers wear full winter clothing, including mountain boots, and that those venturing above the snowline carry appropriate equipment including ice axes and crampons.
The adults leading the trip had no formal qualifications in mountain leadership or any experience of mountain environments in winter conditions. The party had a map but relied on a smartphone app as a compass.
During their ascent, at least two members of the public warned the Gateshead Cheder party to turn back, but the group continued their ascent to the summit. During the descent, they inadvertently ventured off the path into further danger. During this decent a pupil slide on the ice and fell several metres sustaining minor cuts. By this time, it had begun to get dark, and the temperature was dropping.
The party were eventually located and rescued by KMRT, who cut steps into the snow to assist the party back to the path and down the mountain.
Breach
The school pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health & Safety at Work etc Act 1974.
Penalty
The school was fined £30,000 and ordered to pay a victim surcharge of £181 and costs of £4,574.90.
|
