The Voice of Spalding and South Holland
The owners of Baytree Garden Centre in Weston have been fined after a member of staff was seriously injured falling from a tree.
Bay Tree Nurseries Ltd was fined £13,000 at Boston Magistrates Court on Wednesday, January 17 after entering a guilty plea for breaching section two, The Health and Safety at Work etc. Act 1974.
Action was taken against the company by South Holland District Council, following an investigation in to an accident that occurred at the site on September 6, 2016.
After completing work on a tree, a member of staff fell from the tree whilst descending. The fall resulted in a serious injury.
It was stated that a risk assessment was completed for the task the day before however, the findings of this were not documented.
The injured party was not trained to complete aerial tree work, nor were they wearing any fall arrest system and the work area was not cordoned off.
A fine of £20,000 was imposed in line with the sentencing guidelines, but reduced to allow full credit for an early guilty plea. Full Costs were awarded and a victim surcharge of £170.
In summary, district judge Peter Veits stated that a thorough investigation by South Holland District Council had led to a guilty plea.
A council spokesperson said: “We hope this sends a clear message to employers who are responsible for the safe working conditions of staff.
“This council takes its regulatory role of the enforcement of health and safety extremely seriously.
“We will not hesitate to intervene where necessary to protect both employees and members of the public as a whole.
“The council will continue to assist and support businesses to ensure as far as is reasonably practicable the health, safety and welfare of all those in our community.
“However, let there be no doubt, where acceptable standards are not met or are allowed to slip then formal enforcement action will follow.”
