Director prosecuted after trainee tree surgeon severs thumb

Date:

23 July 2012

Release No:

SE/139/12

The owner of a Hampshire arboriculture business has been prosecuted for safety failings after a trainee tree surgeon severed his thumb on a log splitter.

Rory Stamper, 18, from Church Crookham in Fleet, lost the tip of his right thumb from the base of his nail in the incident at Cedardale in Hartley Wintney on 14 September last year.

Andover Magistrates Court heard today (23 July) that he was using a vertical log splitter to cut logs when he was distracted and inadvertently stepped on a foot pedal that lowered a splitting blade.

The machine required operators to manually hold logs in place with their hands, so as the blade lowered it caught and sliced through his thumb.

He was off work for four weeks as a result of the injury and still suffers pain and has difficulty performing certain tasks, such as writing or fastening buttons on clothes.

An investigation by the Health and Safety Executive (HSE) found the splitter failed to comply with the latest safety standards for such equipment. A device should have been fitted to hold logs in place without human intervention, and the controls should have been better configured to prevent accidental use and access to the splitting zone.

In addition, there was no written risk assessment for the machine to identify potential risks and safe-working procedures.

Cedardale director Chris Kunesch, of Trimmers Farm, Trotters Lane, Hartley Wintney, was responsible for the machine. He pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, and was fined £4,000 and ordered to pay £2,000 in costs.

After the hearing, HSE Inspector Michael Baxter said:

"This prosecution highlights two key issues. The first is the importance of carrying out suitable and sufficient risk assessments where there is a risk from moving parts, and ensuring that all employees are aware of the dangers. The second is to ensure that as equipment gets older it is properly maintained and complies with the latest safety standards, or is replaced.

"Chris Kunesch failed in both these regards in his capacity as a business owner, and Rory suffered a painful and completely avoidable injury as a result."

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 11(1) of the Provision and Use of Work Equipment Regulations 1999 states: "Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective (a) to prevent access to any dangerous part of machinery or to any rotating stock-bar; or (b) to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone."
3. 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."

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