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Farmer prosecuted after cattle feed delivery driver is electrocuted (14 January 2015)

Date: 14/01/2015
Duncan Lewis, Personal Injury Solicitors, Farmer prosecuted after cattle feed delivery driver is electrocuted

The Health and Safety Executive (HSE) has successfully prosecuted a Salisbury farmer, after a self-employed HGV driver delivering cattle feed to his farm was electrocuted.

Nigel Fox, 59, from Northamptonshire was delivering cattle feed to farmer Tony Slade’s premises at Chestnut Tree Farm in Sutton Mandeville, near Salisbury, on 2 November 2012.

Mr Fox was raising the tipper truck of his articulated lorry, when it hit an 11kV overhead power line crossing farmyard near to the feed silo he was filling. He was electrocuted and died at the scene.

An electricity supply network engineer discovered Mr Fox, after being sent out to locate the fault on the power line shortly after the HGV driver was electrocuted.

An investigation by the HSE found that Mr Slade had made no attempt to remove or reduce the serious risk associated with the power line crossing the farm yard – either by diverting the cable or providing signs or barriers to warn visitors of its existence, despite its proximity to the cattle feed silo.

On Thursday, 8 January at Salisbury Magistrates’ Court, farm owner Tony Slade of Sutton Mandeville, Salisbury in Wiltshire pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974.

Mr Slade was fined £20,000 and ordered to pay in £5,609 costs.

Section 3(2) of the Health and Safety at Work etc. Act 1974 states:

“It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.”

After the hearing, HSE Inspector Andy Shaw said:

“Overhead power lines are dangerous – particularly where they cross traffic routes or frequently-used work areas.

“Those in control of work premises – whether they are employers or self-employed – need to identify the risks to people working at or visiting their premises.

“Power cables present a very serious danger, with potential loss of life; and should be either moved, made safe by other means – or where this is not practical – clearly marked to warn people of the danger.

“Had Mr Slade had the power lines diverted, as he did after the incident – or even put in place measures to make people aware of the power lines, such as providing information, barriers or signs – this terrible incident would not have happened and Mr Fox would likely still be here today.”

Duncan Lewis Personal Injury Solicitors – Professional Drivers Injured at Work

Duncan Lewis personal injury solicitors can advise professional drivers who sustain injury during the course of their work on how to make no win no fee compensation claims if the injury was caused by the negligence of another party, including a client, contractor, employer or another road user.

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In the case of road traffic accidents (RTA), low-value compensation claims can be fast-tracked through the Ministry of Justice RTA Claims Portal – while high-value claims for life changing injuries can be made on a no win no fee basis in the civil court.

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For expert legal advice on no win no fee compensation claims for Professional Drivers Injured at Work, call Duncan Lewis personal injury solicitors on 020 7923 4020.


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