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School operator and contractor prosecuted, after worker is left wheelchair bound after tree felling accident (8 June 2015)

Date: 08/06/2015
Duncan Lewis, Legal News Solicitors, School operator and contractor prosecuted, after worker is left wheelchair bound after tree felling accident

The Health and Safety Executive (HSE) has successfully prosecuted a school operator and a cleaning contractor, after a 59-year-old contractor sustained permanent spinal injuries, while felling a tree on school grounds in High Wycombe, Buckinghamshire.

The unnamed man from Gerrard’s Cross was using a chainsaw to fell a mature sycamore tree at Bassetsbury Manor on 22 April, 2013.

He was helping one of the defendants – Paolo Mule, 33, of P&X Complete Cleaning Services – to clear the site to make way for building work.

They had been contracted by Alpha Schools Limited to carry out the work.

During the operation, a large, partially cut branch swung down and hit the ladder the worker was standing on.

He was thrown to the ground where he landed on his back, sustaining permanent spinal injuries which have left him confined to a wheelchair for life.

An investigation by the HSE found Alpha Schools Limited had failed to engage competent contractors to undertake the arboriculture work.

The investigation also found that Mr Mule failed to undertake a risk assessment for the work – and there was no safe system of work in place, with no ropes being used and an unsecured ladder.

HSE inspectors also said that the work had not been adequately segregated – and there were members of the public nearby.

On Friday (05/06/15) at Aylesbury Crown Court, Alpha Schools Limited of London Road in High Wycombe was fined £35,000 and ordered to pay £25,000 costs, after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

Alpha Schools Limited also agreed to pay an ex gratia payment of £50,000 to the injured worker.

Paolo Mule – trading as P&X Complete Cleaning Services of Pinions Road in High Wycombe – was given an 18-month prison sentence, suspended for two years, and was ordered to pay £2,000 costs, after pleading guilty to breaching Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.

After the case, HSE principal inspector Karl Howes said:

“Arboriculture work remains high risk – particularly work at height in trees.

“Such work must only be undertaken by competent and trained contractors.

“All businesses have a duty to ensure they engage in competent contractors when carrying out tree work.”

Duncan Lewis Personal Injury Solicitors – No win no fee Accidents at School Claims

Duncan Lewis personal injury solicitors can advise those who have suffered injury as a result of negligence in an accident at school on how to make a no win no fee claim for compensation, including claims from pupils, teaching staff, contractors, caretakers, grounds staff, canteen staff and cleaners at schools.

Personal injury claims have to be made within three years of the date of injury – and children can claim compensation for accidents at school up to the age of 21.

For expert legal advice on no win no fee Accidents at School Claims, contact Duncan Lewis Personal Injury Solicitors on 020 7923 4020.

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