Borders farm fined £6,650 after employee died in quad bike crash

COI/SCO/119 8 June 2009

The Health and Safety Executive (HSE) today reminded employers of those using all-terrain vehicles (ATVs), (also known as quad bikes) at work of the importance of wearing a protective helmet, the provision of adequate training in the correct use of the vehicle and of ensuring the vehicle is well maintained.

The warning follows the death of a farm worker, Grant Shannon, 34 years, on 14 June 2007 when he was involved in an ATV accident while working at Kelloe Mains Farm, near Duns. Mr Shannon sustained fatal head injuries when he lost control of the quad bike and crashed into a tree. He was not wearing a helmet.

The owners of Kelloe Mains Farm, the partnership known as R & J McDonald, were fined £6,650 at Jedburgh Sheriff Court on Friday (June 5, 2009) after pleading guilty to charges under Section 2(1) and Section 33 (1) (a) of the Health and Safety at Work etc Act 1974 for "failure to provide and maintain plant (ATV) that was, so far as reasonably practicable, safe".

Mr Shannon had taken up employment on the farm as a dairy worker just three days before he died. The accident happened when he was told to use an ATV to assist another employee in moving cattle from one part of a field to another. The deceased had never driven an ATV before and had not received any formal training on how to do so. Mr Shannon was not wearing head protection and the quad bike was later found to have a number of defects, the most serious being incorrect tyre pressure which is critical for the safe operation of ATVs. Four worn tyres and ineffective rear brakes were also discovered.

HSE Inspector Gillian McLean commented after the case:

"Mr Shannon's death could easily have been prevented. Prior to using an ATV the user must have received adequate, formal training and must ensure that the vehicle is in good mechanical condition (pre-ride checks by the operator can ensure that this is the case). The user should also wear a helmet."

"Sadly, farming is a dangerous business, and the numbers of deaths and injuries to farmers, workers and members of the public is unacceptable. In 2007-08, nine agricultural workers in Scotland lost their life at work and 2,364 were seriously injured."

"Less than 1.5% of the working population is employed in agriculture yet the sector is responsible for between 15 per cent and 20 per cent of fatalities to workers in Great Britain each year."

Notes to editors

1. Section 2 (1) of the Health & Safety at Work etc 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. Further information about safe use of ATV s can be found at: http://www.hse.gov.uk/pubns/ais33.pdf
3. During January 2009 HSE launched their campaign "Make the promise. Come home safe." Promise Packs were sent to around 70,000 British farmers - containing a "Promise Knot", a symbolic "knot" of farm baling twine, which can be used as a visual reminder of the pledge to come home safe, and a poster outlining detailed information. Farmers who may not have received this pack can visit http://www.hse.gov.uk/agriculture/makethepromise/index.htm

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Issued on behalf of the Health and Safety Executive by Issued by COI news and pr Scotland