A landscape gardener has been given a suspended prison sentence after a falling gatepost killed one of his employees.
Eden Maddocks, trading as Eden Creative Landscapes, had been contracted to install a gate at a house in Keele, Staffordshire. On 20 May 2010, Maddocks and one of his employees, Leeson Lavender, were carrying out the work when the incident took place.
The two men were standing on a trailer, which had been used to transport a large oak gatepost, and were manoeuvring it towards a hole. As they lifted the post the trailer shifted, causing Mr Lavender to fall off the vehicle. down to the ground. As he landed, he struck his head, which was also hit by the falling post. The 39-year-old later died in hospital from serious head injuries.
The HSE investigated the incident and learned the company had carried out this method of work before, but on this occasion the oak post was larger and heavier. Maddocks told Mr Lavender they would try and lift the post once, and if it was too heavy they would wait for assistance from the property owner and an electrician, who was due at the house.
HSE inspector Lindsay Hope explained that Maddocks had balanced the trailer with sandbags and stone chocks but he hadn’t assessed the risks of the post overbalancing.
“Maddocks had balanced the trailer with sandbags and provided stone chocks to stabilise it during the lifting process. He had also provided guide nails in the trailer to stop it sliding sideways during transportation, so he had obviously considered the potential stability issues and had taken some precautions in an attempt to reduce the risks of the post overbalancing,” said inspector Hope.
“Sadly he didn’t do enough and Leeson Lavender paid with his life – a tragic and unnecessary death that could have been avoided with better planning and a safer method of work.”
Eden Maddocks appeared at Stafford Crown Court on 11 January and pleaded guilty to breaching s2(1) of the HSWA 1974. He was given a six-month prison sentence, which was suspended for 12 months. He was also ordered to carry out 180 hours unpaid community work.
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all about pricing of the job if he can save a couple of hundred pounds on hiring a little buggie scopic to sling it and take it of safely. no instead he got the lads to try and lift it of even though it was heavier than the last post they had used on the last job.poor lad gets killed anyone that cannot think common sence in manual handling should not be in the job.. suspended sentence.. shame on the judge,
There seems to be more ‘rogue traders’ than proffesional companies operating these days. This is a case of not applying any common sense to an activity that should have been straightforward. As usual the boss leaves the worker in a dangerous position and the result is a catastrophic loss of a human life. Unbelievably the boss gets a 12 month suspended prison sentence and 180 hours unpaid community work. He now remains free to inflict more dangerous practices on other unsuspecting workers.
Tragically sad and needless injury, landscape gardening seems to be a growth area for injuries (remember the ad-hoc modification of a strimmer head that became a lethal slingshot?)
Time for HSE sector intervention (?), perhaps , in the same way as work at height falls (skylight cleaning, etc), there needs to be more expectation of the individual to remember the importance of a safe system of work and refuse to engage in foreseeably dangerous activities-“dynamic risk assessments” spring to min