Brothers fined after farmworker run over by tractor

Date:

22 December 2011

A farmworker was severely injured after he was run over by a tractor which had a faulty handbrake.

Derek Benney, Richard Benney and Roger Benney, of FH Benney and Sons, have been prosecuted by the Health and Safety Executive (HSE) following the incident at their farm Higher Nansloe near Helston in September 2010. They were fined a total of £7,500 and ordered to pay a total of £9,000 in costs.

The Court heard that Colin Jenkin, 55, of Wendron, was spreading manure on a field when he got out to open a gate. The tractor, which was parked on a slope, began to roll forward and ran over him.

Mr Jenkin suffered multiple injuries including seven broken ribs, crush injuries to his back and permanent damage to his eye socket. Despite being unable to see he was able to find his mobile phone and call for help. He has been unable to work since the incident.

The HSE investigation found that the handbrake on the tractor had failed and had not been maintained properly.

Derek, Richard and Roger Benney each pleaded guilty to a breach of Regulation 5 (1) of the Provision and Use of Work Equipment Regulations 1998.

Derek Benney of Higher Nansloe Farm, Helston was fined £2,000 and ordered to pay £3,000 costs.

Richard Benney also of Higher Nansloe Farm, Helston was fined £3,500 and ordered to pay £3,000 costs.

Roger Benney of Higher Goonhusband Farm, Helston was fined £2,000 and ordered to pay £3,000 costs.

HSE inspector, Gareth Cottle, speaking after the hearing, said:

"This incident could very easily have resulted in Mr Jenkin's death. He is still suffering with back pain and loss of vision. In addition to this, he does not yet know when he will be able to return to work. His life has been changed significantly as a result.

"Farmers must ensure equipment used on their farms is properly maintained and serviced to avoid future incidents like this."

Further information and advice on maintaining agricultural equipment can be found on the HSE website at http://www.hse.gov.uk/agriculture/topics/maintenance.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. Regulation 5 (1) of the Provision and Use of Work Equipment Regulations 1998 states: Every Employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.

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Issued on behalf of the Health and Safety Executive by COI News and PR (South West)