FRUIT FARM PROSECUTION HIGHLIGHTS IMPORTANT SAFETY ISSUES
19 Jul 2005 05:45 PM
Following the prosecution of a Berkshire fruit farming company last
week, the Health and Safety Executive (HSE) is using the case to
emphasise a number of important safety issues to employers in the
agriculture sector. These include: ensuring workers are properly
trained; the need to carry out a risk assessment; and checking that
machinery is suitable for the purpose for which it is being used.
The prosecution followed HSE's investigation into the deaths of two
Polish workers who became entangled in farm machinery used to coil
rope.
The company, Hall Hunter Partnership (Farming) Ltd, specialises in
the commercial cultivation of fruit, predominantly strawberries and
raspberries. This involves the erection and dismantling of
'polytunnels', which are secured with long lengths of rope. The two
men, Adam Borowik, 27, and 21-year-old Sebastian Skorupski, died
after they became entangled between rope and a rotating shaft. They
were using a tractor-mounted fleece winder machine, which was not
suitable for rope winding as it did not have an automatic cut off in
the event of entanglement. Also, they had not been adequately
trained, nor made aware of the dangers posed by the task.
The four defendants, Hall Hunter Partnership (Farming) Ltd, Harry
Hall, Mark Hall and Aventis Services Ltd, were fined a total of
£80,000 at Reading Crown Court on Thursday 14 July 2005. Harry Hall
and his father Mark are directors of Hall Hunter Partnership
(Farming) Ltd. Aventis Services Ltd was contracted by the company to
erect and dismantle polytunnels.
Speaking after the case, HSE Inspector Matthew Lee, said:
"This was a tragic and preventable accident which resulted in the
loss of two lives. In terms of injuries, it is the worst I have seen
in 30 years as an inspector
"The farming industry has one of the highest accident rates in the
country. Farmers must ensure they take into account how machines
should be operated when deciding safe working practices and if they
want to use a machine for a purpose for which it was not designed,
they should check with the manufacturer before doing so. Farmers must
also ensure that workers are trained for the tasks they are asked to
do and made aware of any dangers. This case also highlights the
necessity of carrying out a proper risk assessment, which would have
shown the serious risk of entanglement. HSE has developed software to
help farmers carry out a comprehensive health and safety assessment
of their farms and this is available free from the HSE website.
"HSE's approach to migrant workers is the same as for British
workers. All workers are afforded the same protection by law."
Judge Jonathan Playford QC, said: "In relation to Hall Hunter
Partnership, no adequate risk assessment had been carried out and it
was particular to the partnership to address this problem because
they had 300 workers, many of whom were students and many from abroad
who may not have had full understanding of safe working practices."
On 4 May 2005 Harry Hall, Mark Hall and Hall Hunter Partnership
(Farming) Ltd all pleaded guilty to breaching section 2(1) of the
Health and Safety at Work etc Act 1974 (HSW Act 1974) and Regulation
3 (1) (a) of the Management of Health and Safety at Work Regulations
1999. On 18 May 2005 Aventis Services Ltd pleaded guilty to breaching
section 3 (1) of the HSW Act 1974 and Regulation 3 (1) (b) of the
Management of Health and Safety at Work Regulations 1999.
All four defendants were fined £10,000 for each count and ordered to
pay costs of £15,516.25.
Notes to Editors
1. Section 2 (1) of the HSW Act 1974 states:
It shall be the duty of every employer to ensure, so far as is
reasonably practicable, the health, safety and welfare at work of all
his employees.
2. Section 3 (1) of the HSW Act 1974 states:
It shall be the duty of every employer to conduct his undertaking in
such a way as to ensure, so far as is reasonably practicable, that
persons not in his employment who may be affected thereby are not
thereby exposed to risks to their health or safety.
3. Regulation 3 (1) (a) of the Management of Health and Safety at
Work Regulations 1999 states:
Every employer shall make a suitable and sufficient assessment of the
risks to the health and safety of his employees to which they are
exposed whilst they are at work.
4. Regulation 3 (1) (b) of the Management of Health and Safety at
Work Regulations 1999 states:
Every employer shall make a suitable and sufficient assessment of the
risks to the health and safety of persons not in his employment
arising out of or in connection with the conduct by him of his
undertaking.
5. The maximum penalty a Crown Court may impose for each breach is an
unlimited fine.
6. HSE's free farm self assessment software can be downloaded from
the HSE website at
http://www.hse.gov.uk/agriculture/assessment/index.htm
PUBLIC ENQUIRIES: HSE InfoLine, tel: 0845 345 0055, visit:
www.hse.gov.uk/contact or write to: HSE InfoLine, Caerphilly Business
Park, Caerphilly CF83 3GG.
HSE information and press releases can be accessed on the Internet:
www.hse.gov.uk/
Ends