York City Council in Safety Breach

York City Council have had to admit liability for a safety breach, which led to the death of one of its employees’.

York Council faces paying up to £20,000 in costs and an unlimited fine after a man died mowing the grass for the council.

The accident occurred as the worker was operating a sit-on mower. It overturned on a steep embankment at Water End in Clifton on May 19th 2005.

The sit-on mower landed on the man’s chest crushing him.

At Harrogate Magistrates’ court, the City of York Council pleaded guilty to the safety breach, as they failed to ensure the safety of an employee. This was in accordance with section two of the Health and Safety at Work Act 1974.

The prosecution for the Health and Safety Executive said: “ The mower used was designed for slopes with an incline of no more than 19 degrees. The slope at Water End had a gradient of 25 degrees.”

He said: “Managers in the council’s street scene department failed to produce sufficient site-specific risk assessments and failed to ensure the mower was used within the safe operating limits prescribed by manufacturer. The mower was not fitted either with a seat belt or a roll cage.”

The only advice given to employees was to take extra care when working on slopes.

Due to the seriousness of the case the sentencing is to be carried out by York Crown Court. This means that York Council will face an unlimited financial penalty.

If the sentencing had been carried out at the magistrate court they could only be fined up to £20,000.

The City of York Council also face paying its own defence costs and prosecution costs of £18,916 for the litigation.

Sentencing for the case has been adjourned until 14th Feb.

SOURCE:

York Press

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