Health and Safety Failings – Four prosecuted after farming incident

Four prosecuted after farming incident

Key Facts:

• An HSE investigation was launched after a farming incident involving a 3-year-old boy.
• The boy’s foot was pulled into an auger, leaving him with deep lacerations to his foot, and causing him to need plastic surgery.
• Four members of the farming family were prosecuted following the incident. 

The Case:

An HSE investigation was launched into the safety practices of a farming family after a 3-year-old boy was injured in a farming incident in September 2013.

Following the HSE investigation, four members of the same family (IH, JH, CH and DH) were prosecuted for serious safety failings.

The investigation followed two serious farming incidents involving children at the farm. In the first, a 2-year-old child was killed after being struck by a tele handler.

In the second incident, a 3-year-old boy’s foot was pulled into an auger, leaving him with deep lacerations to his foot, and causing him to need plastic surgery.

The HSE investigation identified several serious safety failings, including open edges at height, poor electrical insulation, the improper use of a ladder, insufficient machinery guarding and significant grain, dust and noise.

The case was heard at Southern Derbyshire Magistrates’ Court, where all four pleaded guilty to breaching the Health and Safety at Work etc Act 1974. IH was fined 3,000 plus costs of £500. JH was handed a two year conditional discharge, and was ordered to pay £500 in costs. CH was fined £5,000 plus costs of £500. DH was fined £1,000 plus costs of £500.

What the law states:

Section 3(2) of the Health and Safety at Work etc Act 1974 states:

It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

What the HSE had to say:

Speaking after the hearing, HSE inspector Stuart Parry said

“Agriculture has one of the highest fatal incident rates of any industry. It is also the only high-risk industry that has to deal with the frequent presence of children. Farms are homes as well as workplaces.

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 competent adult providing supervision, and that adult must not be the person undertaking the work task.”

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