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Contractor and sub-contractor prosecuted after member of public is injured (20 June 2017)

Date: 20/06/2017
Duncan Lewis, Legal News Solicitors, Contractor and sub-contractor prosecuted after member of public is injured

The Health and Safety Executive (HSE) has prosecuted a civil engineering company, after a member of the public was struck by fencing wire and sustained injuries to her neck and leg.

R M Contractors Limited and a contractor working on behalf of tree surgery company Complete Tree Services (CTS) were prosecuted after a member of the public in her garden was sprayed with pieces of fencing wire that had become entangled in a mechanical flail.

As the head of the flail was lifted, ejected pieces were directed towards the garden and the woman was struck twice, once in the leg and once in the neck. She needed surgery to remove a piece of metal from her neck.

An investigation by the Health and Safety Executive into the incident on 18 May 2015 found the contractor RMC had engaged the sub-contractor CTS to carry out the flailing, but the work had not been planned properly to ensure suitable controls had been identified and implemented.

Both companies failed to check the area for obstructions or follow safe procedures should such an event occur.

At Redditch Magistrates’ Court, R M Contractors Limited of Pipers Road, Park Farm Industrial Estate in Redditch, Worcestershire pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015. The company was fined £180,000 and ordered to pay costs of £22,000.

Matt Lea of Little Luddington Farm, Stratford-Upon-Avon in Warwickshire pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

He was sentenced to 120 hours community order and ordered to pay costs of £3,600.

After the hearing, HSE inspector Chris Gregory said:

“Members of the public have a right to expect to be able to enjoy their garden without any risk of being hit by flying debris from neighbouring work activity.”

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