Safety lapse over York mower death (From York Press)

Safety lapse over York mower death

8:19am Wednesday 23rd January 2008 in

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COUNCIL bosses acted criminally by not ensuring the safety of a gardener killed in a freak accident, a court heard.

Frank Smith died when the sit-on mower he was using, fell down a grassy embankment near Clifton Bridge and rolled over him.

He was cutting the embankment as part of his duties working for City of York Council.

"The council failed to ensure the safety at work of employers grass cutting using sit on motors," said Erin Shoesmith, prosecuting for the Health and Safety Executive.

Now a district judge will decide exactly how much or how little the council did to ensure Mr Smith's safety before sentence is passed.

If he decides that the council should be fined more than £20,000, he could send it before a crown court judge, who can impose a greater fine.

City of York Council pleaded guilty to failing to ensure Mr Smith's health and safety. But the council did not accept the full extent of the allegations brought by the Health and Safety Executive, so York magistrates adjourned the case for the district judge to hear evidence about the council's failings.

Speaking after the hearing, Mr Smith's brother David, said he was pleased the council had accepted responsibility. Mr Smith, 54, of St Stephen's Road, Acomb, died in the accident on May 19, 2005.

The council's solicitor, Shaun O'Neil, told magistrates that the council accepted it had not properly assessed the risk of cutting the embankment properly before letting Mr Smith mow it. It also accepted that it had failed to take steps to protect employees from being injured by the mower rolling over them.

An inquest last autumn heard that parts of the bank were so steep that it was normally cut by a strimmer, not a mower, and that Mr Smith was thrown off the mower as it rolled down the embankment.

Mr O'Neil said the council did not accept other alleged breaches of health and safety legislation included in the charge which refer to planning, systems of work and the safe operation of the mower among other matters.

A City of York Council spokeswoman said after the hearing: "The court process is ongoing and it would be inappropriate for the council to comment at this stage."

Both sides are expected back in court for an administrative hearing before the district judge in March.