Farmer fined after falling bales kill friend

Date:

22 February 2011

Release No:

HSE/151/11

A Leicestershire farmer has been prosecuted after a family friend was killed while helping out on his farm.

David Wykes Baker, 65, of Billesdon, was helping out on friend Ian Nourish's farm when he was killed on 20 January 2009.

Mr Baker was helping to move wrapped round silage bales from a stack at Bleak House Farm near Illston on the Hill, Leicester, when three fell, crushing him underneath. He suffered severe head and chest injuries and died at the scene.

An investigation by the Health and Safety Executive (HSE) found that although Mr Nourish was using the right equipment to unstack the bales - a tractor with spike attachment - the way he removed them left the stack unstable. This resulted in three bales falling onto Mr Baker who was standing nearby.

Market Harborough Magistrates' Court heard how Mr Nourish should have ensured his friend was kept away from the stack while the bales were being moved.

He also failed to remove the bales in reverse order to which they were stacked, which would have prevented the structure collapsing.

HSE inspector Alison Cook said:

"Mr Baker's death shows how easy it is for an everyday activity on a farm to lead to tragedy.

"Farming remains the most dangerous occupation in Britain, with 38 workers killed last year. Although only 1.5 per cent of the working population works in agriculture, the industry accounts for one in five work-related deaths every year.

"Each death or injury leaves a trail of misery and suffering for individuals and farming families. These incidents don't have to keep happening."

Ian Nourish, of Illston on the Hill, Leicester, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 when he appeared before Market Harborough magistrates today. He was fined £20,000 and ordered to pay £5,076.30 costs.

Guidance on safe working with bales in agriculture can be found at http://www.hse.gov.uk/pubns/indg125.htm

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 3(1) of the Health and Safety at Work etc Act 1974 states: "(1)It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

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