HSE Press Release: E148:04 21 - October 2004

Berkshire Environment Agency fined over serious injuries to employee

Berkshire Environment Agency has today been fined a total of £16,000 at Reading Magistrates' Court for breaches of health and safety legislation.

The prosecution followed a Health and Safety Executive (HSE) investigation into an incident in which an employee, Mr Anthony Watkins, suffered severe injuries to his knee.

Mr Watkins was employed by the Environment Agency as a flood defence operative working at Sulhampstead Stream, Padworth on the Englefield Estate near Reading, Berkshire. He was part of a five man team undertaking work which involved working from a rope and harness in a tree removing branches.

The incident occurred on 8 April 2002, while Mr Watkins was working in a tree, cutting a large branch, which subsequently split from the tree and struck his knee. He was prevented from falling by his safety harness and was rescued by colleagues. He was then air lifted to hospital and was unable to return to work for over a year.

Matthew Lee, HM Inspector of Safety and Health, said:

"Tree work is one of the most hazardous occupations in the UK. It is important that all organisations do so following best practice, using adequately trained staff who use appropriate equipment.

"The HSE has produced a substantial amount of guidance which outlines the precautions which should be undertaken to minimise the risks when undertaking this type of work. There is simply no excuse for employers to plead ignorance of good health and safety practice and HSE will not tolerate employers exposing their employees to unacceptable risks at work."

The Environment Agency was fined £4,000 after pleading guilty to breaching Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999, and fined £12,000 for breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

The Environment Agency was also ordered to pay costs of £4,739.

Notes to Editors

1. Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 states that, "every employer shall make a suitable and sufficient assessment of
(a) the risks to the health and safety of his employees to which they are exposed whilst they are at work;"

2. Section 2(1) of the Health and Safety at Work Act 1974, states that, "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."

3. Having been found guilty of breaching the above Regulations, Berkshire Environment Agency was thereby guilty of an offence under Section 33 of the Health and Safety at Work etc. Act 1974 and liable to a penalty as provided by Section 33(3) of the Act.

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