Tree worker struck by branch: serious head injuries
Health and Safety Executive v Perry Regan t/a Toppers Garden Services (2017) Peterborough magistrates’ court, October 16
Statutory reference: s.3 of the Health and Safety at Work, etc., Act 1974 (HSWA)
The facts
In November 2015 Perry Regan climbed six metres up a ladder and cut branches from a tree, using a chainsaw. A large branch fell from the tree and struck am employee on the head.
The worker suffered serious head injuries. His injuries included a fractured skull and the loss of an eye. He was placed in an induced coma.
Perry Regan was not competent or qualified to carry out, manage or supervise the work. He was using a chainsaw without being qualified.
The work was not properly planned to identify risks.
No adequate training or instruction was given to workers.
No personal protective equipment was made available.
The decision
Regan was sentenced to 20 weeks in prison suspended for 18 months. He was ordered to pay £2000 costs and a £115 victim surcharge fee, for a breach of s.3 HSWA, for failing to ensure the health and safety of non-employees.