R M Contractors Limited (RMC), of Pipers Road, Park Farm Industrial Estate, Redditch, Worcestershire, pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015. It was fined £180,000 with £22,000 in costs.
In addition, Matt Lea of Little Luddington Farm, Stratford-Upon-Avon, 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 with £3,600 in costs.
-- Advertisement --
Redditch Magistrates' Court heard how RMC had subcontracted Complete Tree Services (CTS), whose Managing Director is Matt Lea, to carry out tree surgery work on 18 May 2015.
During the work, the victim was in her garden when she 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 her garden. She was struck twice, once in the leg and once in the neck, which required surgery to remove the piece of metal.
An investigation by the Health and Safety Executive (HSE) found the contractor RMC, who had engaged CTS to carry out the flailing, had failed to properly plan this work to ensure the suitable controls had been identified and implemented.
In addition, both RMC and CTS failed to check the area for obstructions or follow safe procedures should such an event occur.
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."
(LM/JP)
