Firm must pay £8,800 after youth lost an arm

10:10am Monday 21st April 2008

HEALTH and safety lapses resulted in a teenager's arm having to be amputated below the elbow after an accident involving agricultural machinery at Burwarton, Ludlow magistrates heard on Friday.

Ludlow farm contractor Neil Morris, of DTJ Morris, Nash Court Farm, was fined a total of £4,500 and ordered to pay £4,334 costs after pleading guilty to two offences under the Health and Safety at Work Act, failing to properly assess the safety of equipment and, as an employer, not having a suitable risk assessment in place.

The accident happened in October, 2005, when Richard Higgins, who was 17 at the time, went to assist operator John Huffer to free the blades on a Claas Jaguar 860 harvester.

Health and safety inspector Dr Janice Dale, prosecuting, said that Mr Huffer was attempting to sharpen the circular blades with a stone passing back and forward using a semi-automatic system.

Following attempts by Mr Huffer to free the mechanism with a hammer handle, Richard Higgins' sleeve got caught and his arm was drawn into the machinery.

Dr Dale said: "Ensuring operators knew correct procedures over guards and when to turn off the power should have been done during the risk assessment and put on warning signs."

She added: "Mr Higgins was only 17 at the time of the accident and risk assessment should take into consideration that he had not yet fully matured. A risk assessment should not be locked away in a cupboard. Employers have to make sure that people actually understand it."

She said there had been 74 accidents recorded on this type of equipment with over a third of these involving the blades.

Richard Higgins was a friend of the Morris family and bore no grudge, she said, but had suffered the loss of an arm which would have a dramatic effect on his life.

Defending solicitor, Neil Davies, said that Mr Morris, who worked alongside his operatives and took a practical approach to training, had admitted both charges.

His client had contacted the Health and Safety immediately and put practices in place to avoid a repetition. When cutting maize, blades were prone to sticking which had led to the tragic accident.

Mr Davies described the tendency of the sharpening stone to get stuck as an inherent maintenance difficulty.

Guards were removed twice a day to allow for greasing and sharpening, he added.

Mr Davies said: "The risk assessment prepared by Mrs Clare Morris, his wife, was of insufficient detail and the onus is on an employer to have appropriate safety measures in place."

Presiding magistrate, Janice Haines, said that the court would not be awarding compensation as this was being dealt with in the civil courts.

After the case, Dr Dale said: "This should serve as a reminder to others to ensure all relevant guards are in place for maintenance activities as well as during normal operation. Employers must ensure all employees understand the rules and the reasons why risk assessments need to be observed."

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