Legal News
Community service for hedge cutter whose safety failings led to death of retired farmer (13 July 2017)
Date: 13/07/2017
A hedge cutter whose machinery malfunctioned during operation and killed a retired farmer has been given a community order for failing to ensure his own safety and that of others by following a safe system of work.
On 13 February 2015, Adrian Pickett was hedge cutting for retired farmer James Headland, 73, using his own hedge cutting equipment, when the wire ejected out of the machine and struck Mr Headland in the neck. Mr Headland – who had been married for 45 years – later died as a result of his injuries.
Lincoln Magistrates’ Court heard how Pickett had been contracted carry out the work for the landowner at Headland’s Farm – and was using his own machinery, which included a rotary flail hedge cutter.
An investigation by the Health and Safety Executive (HSE) found Pickett had not only failed to ensure his own safety and that of others by following a safe system of work – his maintenance of the equipment and correct use of guards for this work activity were also at fault.
In court, Adrian Pickett of Canopus Farm, Frith Bank, Boston in Lincolnshire pleaded guilty to breaching Section 3(2) of the Health and Safety at Work Act 1974.
He was sentenced to 80 hours of community service and ordered to pay £6,558.38 in costs.
After the case, HSE inspector Sam Russell said:
“Mr Pickett contributed to the circumstances of this tragic death by not taking the correct precautions.
“He could have reduced the risk significantly by using the correct guarding and safe system of work for activity of cutting hedges.”
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