Head Of Training, The Healthy Work Company

February 10, 2015

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Farmer in court for breaching height regulations

The partner of an East Sussex farm has been fined for safety failings after a worker was seriously injured in a three metre fall through a fragile cowshed roof onto the concrete below.

Stuart Mitchell, 52, from St Leonards-on-Sea, broke five vertebrae and two ribs, and cracked his left leg socket in the incident at Gate Court Farm in Northiam, near Rye, on 15 September last year. He now has limited mobility and has been unable to work since.

Rupert Cyster, 51, was prosecuted on 6 February after an HSE investigation established that more could and should have been done to prevent the fall.

Eastbourne Magistrates’ Court heard that Mr Mitchell was working on top of a cowshed at Gate Court Farm to repair a leaking internal gutter, with a fellow farm worker watching on. He accessed the top of the roof by ladder, before walking along the concrete gutter that collected water from surrounding roof sheets.

While on top of the building he noticed a crack on one of the sheets that also required attention. However, as he rested his foot on an adjacent sheet to take a proper look it snapped, causing him to lose his balance. He fell forwards through the cracked sheet and crashed onto the concrete floor below.

Magistrates were told that Mr Cyster, as MD, was ultimately responsible for how work at the farm was planned and managed, but on this occasion there was no agreed method of work in place. He knew the work was taking underway but left the two workers to it, despite the fact neither had any formal training on how to work safely at height.

The court was also told that during previous roof work at the farm a cage fashioned from an old chemical container was incorrectly fitted to a telehandler to provide an elevated work platform.

HSE served four improvement notices to ensure any further work at height was properly planned and managed using the correct equipment and methods.

Alfred Rupert John Cyster, of Gate Court Farm, Station Road, Northiam, was fined a total of £12,000 and ordered to pay a further £881 in costs after pleading guilty to three separate breaches of the Work at Height Regulations 2005.

After the hearing HSE inspector Russell Beckett commented: “Stuart’s painful injuries could easily have been avoided had the roof repairs been better planned and managed. The onus was on Rupert Cyster to ensure that happened, but he simply left the workers to it – not out of wilful ignorance, but it was a clear failing on his part nonetheless.

“Falls through fragile roofs account for almost a quarter of all work at height deaths, so it is absolutely vital that any such work is fully considered and that the correct equipment and working methods are used at all times.

“On this occasion the repairs should have been completed from underneath, avoiding the need to access the roof in the first place.”


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