Robert Spicer
As part of our mission to bring you the latest legal news in employment law in this feature we provide you with a selection from Robert Spicer’s ‘Health and Safety Horrors’ Linked In posts. We thank Robert Spicer for sharing his valuable insights with us. If you missed Part 1 in this feature series you can read it in full here.
A note from Robert Spicer
I was called to the Bar in 1970 and I continue to practise full time in the areas of employment law and health and safety at work. I have monitored health and safety prosecutions for a number of years. My website is www.frederickchambers.co.uk
In Part 2 of Robert Spicer’s Health and Safety Horrors, we bring you a selection of his reports about recent cases that highlight critical health and safety responsibilities for employers, farming industry and amusements operating in outdoor environments. Across the cases mentioned there were consistent key considerations raised each time there was a failing which include;
- Risk Assessments
- Protective Measures
- Pedestrian Safety
- Training & Supervision
Health and safety horrors: Pedestrian suffers brain injury by felled tree
In August 2024 the Conservators of Ashdown Forest, a body which manages Ashdown Forest in East Sussex, were fined at Brighton magistrates’ court following an incident in which dog walkers were struck by a tree.
In January 2023 two dog walkers were struck by a tree as they were walking in Ashdown Forest. One walker suffered multiple fractures and a traumatic brain injury. The tree was being felled by a forest ranger with a chainsaw. It fell onto the walkers.
The Conservators of Ashdown Forest had failed to identify risks to the public from tree felling. This meant that precautions, for example posting warning signs and using barriers or banksmen, were not implemented.
Members of the public were not prevented from accessing areas where tree felling was taking place.
The Conservators of Ashdown Forest were fined £8000 plus £3500 costs under section 3 of the Health and Safety at Work, etc.Act 1974.
Health and safety horrors: Trampoline Risk Assessment Failure
Johnsons Funfair Ltd and its operations manager were sentenced at Chelmsford magistrates’ court in November 2023 following the death of a child.
In July 2018 a three year old girl was playing on an inflatable trampoline at a funfair on a beach in Norfolk. The trampoline exploded. The child was thrown high into the air and suffered fatal head injuries.
The company had imported the trampoline from China in 2017. It had put it into use without carrying out any of the required testing and certification.
There had been no proper risk assessment or work procedure.
Workers engaged by the company were not properly trained. They were paid cash in hand and some were too young to work without child work permits.
The company allowed inflatables to be operated without instructions from the manufacturer and without having proper annual checks.
The company was fined £20,000 plus £288,000 costs under sections 3 and 6 of the Health and Safety at Work, etc., Act 1974.
The operations manager was sentenced to six months imprisonment for each offence, to be served concurrently, and was disqualified from being a director for five years.
Health and safety horrors: Child suffers fractured skull
In October 2023 three companies were fined at Bournemouth Crown Court following an incident in which a child suffered a fractured skull.
In June 2019 a three-year old girl was leaving the Moonfleet Hotel in Weymouth when a slate fell from the roof and struck her on the head. She suffered a fractured skull.
The roof was being renovated by Roscare Building Services Ltd. It had taken off old tiles and was replacing them with new slates. The slates were stacked around the roof and one fell off. Roscare was appointed by Moonfleet as principal contractor to oversee the refurbishment work.
Quadra Built Environmental Consultancy Ltd was the principal designer responsible for planning, managing and monitoring the pre-construction phase. It had failed to properly assess the risks of objects falling from height and striking people.
Scaffolding was not fit for purpose because it did not have adequate measures to prevent items falling.
Moonfleet failed to put in place measures to deal with the obvious hazard of falling objects coming into contact with members of the public. It was more concerned with the convenience of guests and preventing the hotel looking like a building site.
Roscare Building Services Ltd was fined £160,000 plus £15,500 costs
Quadra Built Environmental Consultancy Ltd was fined £60,000 plus £25,000 costs.
LFH (Moonfleet Manor) was fined £200,000 plus £143,000 costs.
Health and safety horrors: Death of volunteer from crushing
In June 2024 Wilts & Berks Canal Trust, a charitable trust, was fined at Swindon magistrates’ court following the death of a volunteer.
In August 2016 a volunteer was engaged in restoration work at the Wilts and Berks canal.
He was inside an excavation, removing temporary propping, when a section of a wall collapsed onto him, causing fatal crush injuries.
The Trust had failed to ensure the safety of volunteers. The temporary propping was inadequate and there was no clear method for the safe installation or removal of propping.
The Trust was fined £30,000 plus £10,800 costs.
Health and safety horrors: Walker trampled to death
In May 2024 Martin Howard Mitchell, a farmer, was sentenced following the death of a member of the public.
In September 2020 two members of the public and their dogs were walking on a public footpath. They entered a field in a farm containing cows and calves.
The farmer had not segregated the cows and calves from the footpath. The walkers were attacked and trampled. One suffered fatal injuries and the other suffered life changing injuries.
The farmer had failed to ensure that risks to the public were controlled, including segregation of cows and calves from a public footpath.
Mitchell was given a six-month custodial sentence, suspended for 12 months.
Health and safety horrors: Death from escaped cow
In June 2024 JJ Morris Ltd, livestock auctioneers, was fined at Llanelli magistrates’court following the death of a member of the public.
Facts
· In November 2022 a cow was being unloaded into a pen at Whitland livestock market.
look· It escaped and attacked a member of the public who was crossing a road and who suffered fatal multiple injuries.
· An employee of the company was injured while trying to recapture the cow.
· The company had failed to implement basic, physical control measures to prevent cattle from escaping.
· The company’s risk assessment was neither suitable nor sufficient.
The company was fined £75,000 plus £5000 costs under ss. 2 and 3 of HSWA.