Council fined over gardener's death (From York Press)

Council fined over gardener's death

2:54pm Monday 14th April 2008 in News By Press reporter

City of York Council management failures behind an horrific tragedy will cost the council taxpayer £40,000 - the equivalent of 20p from every York resident.

Gardener Frank Smith, 54, of St Stephen's Road, Acomb, was crushed when the ride-on mower he was using to cut grass went out of control on an embankment at Water End, near Clifton Bridge, in July 2005.

York Crown Court heard council management had sent him there without supervision, without safety equipment installed on the mower, and that the work was against safety instructions issued by the mower's mancturers.

"The death of Mr Smith was, in my judgement, entirely avoidable," said recorder James Hill QC. "There was a serious and substantial inadequacy in the system which was in place." He fined the council £20,000, and ordered it to pay the Health and Safety Executive's (HSE) prosecution and investigation costs of £20,425.

City of York Council pleaded guilty to breaching a health and safety law.

Outside court Keith King, principal inspector for HSE, said of the decision to use the mower on the 25 degree embankment: "It was such a serious and obvious risk."

And he revealed the HSE is now actively working with local authorities and horticultural centres across Yorkshire to prevent a repetition.

He said management should always survey grass cutting sites in advance, so employees should not have to make snap decisions while working on what was safe and what wasn't.

Mr Elliker said a site survey at Water End would have revealed that the slope was greater than the 19 degrees that the mower's manufacturer Hayter recommended as the maximum to be mowed safely. But the council had not surveyed it.

Terry Collins, the council's director of neighbourhood services, said after the case: "We accept the findings of the court and offer our sincere condolences to Mr Smith's Family.

"Following the incident we have carried out a thorough review of our health and safety procedures and have worked with the HSE to improve our working practices."

In court, Lisa Judge, for the council, said it took the safety of its employees and the nearly 200,000 residents in the area very seriously indeed.

Since the accident, it had carried out months of surveying covering all grass cutting areas, and increased its health and safety workforce.