Health and Safety Executive

Health and Safety Executive

Enforcement, Self-Regulation and Education in Amenity/Landscaping

Amenity Workshop 28 July 2010

Presented by Alan Plom

Head of Safety Section, HSE Agriculture & Food Sector

Prioritising ‘Amenity’ work

• ‘Groundkeeping’ seen as a low risk activity, ie “just mowing the lawn” and few if any pesticide incidents/ complaints reported/investigated.

• BUT 23 deaths 2001-09 and incidence rate comparable to farming.

• Fatal accidents during mowing continue to occur– 3? in 2009 and 36 overturns reported 2001-08– + many more unreported injuries and near misses.

• Several (HSE) prosecutions (relating to mower incidents).

• LAs also responsible for enforcement of many activities.

• And the leisure industry is growing (+ 2012 Olympics, etc).

The harsh reality - Fatal accident (York, May 2005)

How/Why did it happen?

Key factors

• Bank had been “cut that way for years”– Although other methods also used

• Slope = 25.40

– Machine instructions said no more than 190

• Grass was wet

• No one had considered that particular site– ie no site-specific risk assessment.

The Outcome

• A man was dead.

• York Council fined £20,000

plus £20,425 costs.

….It could have been prevented…..

York wasn’t the first…

Oldham Metropolitan Borough Council (July 2001)• LA gardener cutting grass on slope. Ride-on mower

started to slip, spun out of control and flipped over, trapping him beneath it.

• The employer (LA) prosecuted for failing to provide a safe system of work, providing unsuitable equipment and lack of information, instruction and training*.

• Total Fine = £17,500 + £14,780 costs[*PUWER Regs 4, 8 & 9 (3 x £2500) and HSWA S2 (£10,000)]

Or the last! (Cheltenham 2008)

Most recent prosecution (2009)

Cheltenham BC prosecuted for 2 offences:1. Failed to ensure the health, safety and welfare of

employee (HSWAct, s2) = £15k fine (reduced to £12k) 2. Failed to make a suitable and sufficient assessment of

the risks to the health and safety of employees (Management of Health and Safety at Work Regulations, Reg 3) = £3k fine (reduced to £2k).+ HSE awarded £18,529 costs+ £3,000 compensation to employee……...BUT total cost to the Council >£35k!!!

(including internal investigation, court time, etc)

York’s offences [= Precautions!]

1 Failed to make suitable and sufficient site-specific assessments of the risks to which mower operators were exposed.

2 Failed to ensure that a competent person properly planned the grass cutting operations on and adjacent to sloping ground.

3 Failed to have in place a system of work, which ensured the safety of employees.

4 Failed to ensure that the risk to employees from a mower rolling over was minimised by fitting a suitable roll-over protective structure.

…And there were more!

5 Failed to ensure that mowers were fitted with a suitable restraining system to prevent the driver being crushed in the event of it rolling over.

6 Failed to identify and adequately inform employeesof the boundaries for safe operation of these machines.

7 Failed to ensure that the grass cutting operations were appropriately supervised.

8 Failed to ensure that the grass cutting equipment was used within the safe operating limits prescribed by the manufacturer.

HSE’s ‘Mowing’ Project - Yorkshire (2008/9)

• HSE’s first ‘mowing’ project :– Focussed on LAs in Yorkshire– DLO and contractors to LAs also visited– Inspectors looked at:

• Management arrangements• Risk assessments (particularly ‘high risk’ sites)• Controls• Site visits

• Held ‘Mowing Safety Awareness Day’, (June 2009)

Findings

• ‘Audits’ of LAs were disappointing:– Only one had site specific risk assessments!

….. although many had started.– Some didn’t even have an accurate picture of the

work under contract!….. but it was being sorted out…..

• Overall, not the picture we really wanted or expected, particularly following the fatalities – and prosecutions!

…….nb. This is not unique to Yorkshire!

What next?• The industry:

– Clients and contractors must appreciate the significance and do something about it - to manage their operations more effectively.

– Publicity and education needed (eg Saltex, newsletters)– Self-monitoring/contractor schemes– Report non-compliance (with sufficient details)

• HSE (& LAs):– HSE auditing/monitoring (of LAs)– LA contribution to HSE Strategy (‘Be Part of the Solution’) – Investigations (subject to HSE policy/criteria)

• What else do you need/expect?– Articles? Guidance? Web-based information?