Farm owner fined after overlooking legal requirements

Date:

18 May 2012

Release No:

HSE-E-82

The owner of a Bedfordshire farm has been prosecuted for failing to complete legally required documentation in relation to safe working near overhead power cables.

Bedford Magistrates' Court heard yesterday (17 May) that on 23 June 2010 an employee of Davison & Co (Barford) Ltd, the owners of College Farm in Great Barford, was tipping compost from a lorry trailer into a field when the trailer came into contact with a live 33kV power line overhead.

No-one was injured, but a subsequent investigation by the Health and Safety Executive (HSE) found the company had neglected to complete essential, legal documentation relating to the line. This is required to inform both employees and regulators of the existence of the hazard so that appropriate steps and controls can be put in place to keep workers safe.

Davison & Co (Barford) Ltd, of College Farm, Great Barford admitted breaching Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 in relation to the offence, and was fined £1,500 and ordered to pay £500 in costs.

The company was found not guilty of breaching Regulation 4(3) of the Electricity at Work Regulations 1989 in connection to the tipper lorry incident.

After the hearing, HSE Inspector Stephen Faulkner said:

"It is an employer's duty to complete all legally required documentation to ensure that necessary steps to protect workers from risk are communicated formally to all relevant parties, including the workers themselves."

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 3(1) of the Management of Health and Safety at Work Regulations 1999 states: "Every employer shall make a suitable and sufficient assessment of -
   1. the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
   2. the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
   for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997."
3. Regulation 4(3) of the Electricity at Work Regulations 1989 states: "Every work activity, including operation, use and maintenance of a system and work near a system, shall be carried out in such a manner as not to give rise, so far as is reasonably practicable, to danger."
4. HSE advice on how to work safely near overhead power lines can be found at: http://www.hse.gov.uk/pubns/indg389.htm

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