Fife Council pleaded guilty to breaching Section 2(1) of the HSWA and was forced to pay £20,000 following an incident at a school in Dunfermline that left a school janitor with significant and serious injuries.
Craig Davies, then aged 39, and a council employee for more than 20 years, was using a chainsaw to cut back branches of a tree that had blown down in high winds at Canmore Primary School when the accident happened in January 2012. He ended up losing a toe.
The HSE carried out an investigation and found that the local authority had failed to assess risks, implement a safe system of work and instruct and supervise employees on a dangerous task.
At the hearing on 4 November 2013, Kirkcaldy Sheriff Court was told that Fife Council’s education service had identified a possible extension to the services that school janitors provided in September 2011.
In addition to simple gardening duties in school grounds, the school janitors would undertake basic chainsaw work, particularly on fallen branches or trees. Fife Council’s parks department normally carried out these duties.
On 11 January 2012, two months after receiving basic chainsaw training with two other workers from the educational facility, Mr Davies was sent to Canmore Primary School where an ash tree had blown down.
When he arrived, Mr Davies realised that the job was bigger than anticipated and contacted a colleague for assistance.
Once the two men had detached and reduced the branches until they were left with the trunk and a single limb attached at above-shoulder height, Mr Davies climbed onto the trunk and started to cut through the limb. It sheared away from the trunk, came towards him and landed on his foot trapping it against the trunk.
Mr Davies required three surgical procedures but doctors could not save one of his toes. He spent three months recuperating before returning to work.
In the ensuing investigation, the HSE concluded that the council had failed to properly assess the risks to employees in the educational facility service while undertaking chainsaw operations; failed to maintain a safe system of work and provide sufficient training and supervision to enable him to undertake chainsaw work.
“Chainsaw operations are, by their very nature, hazardous. Fife Council, having reached a position where employees had the most basic of chainsaw qualifications, dispatched them to single-handedly tackle a job that was far in excess of their capabilities,” said HSE inspector Kerry Cringan.
“Employers must ensure that chainsaw operations are carefully planned and supervised, particularly when employees are not experienced in arboricultural work.”
The Safety Conversation with SHP (previously the Safety and Health Podcast) aims to bring you the latest news, insights and legislation updates in the form of interviews, discussions and panel debates from leading figures within the profession.
Find us on Apple Podcasts, Spotify and Google Podcasts, subscribe and join the conversation today!
