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Bassetlaw District Council has been fined £50,000 after being prosecuted by the Health & Safety Executive (HSE) over an incident in which an employee was seriously injured when a ride-on lawnmower overturned.

An HSE statement said the council had failed to carry out a suitable risk assessment and the employee lost control of the machine as it slid down a steep bank towards a retaining wall.

Both the machine and the operative rolled over the wall, falling approximately 2.3 metres to the pavement and road below. The employee sustained injuries including cracked ribs.

HSE investigators identified significant failings by Bassetlaw that included inadequate information, instruction or training for employees regarding the use of such machinery near slopes and banks, and that no measures were in place at the retaining wall to prevent a fall from height.

An HSE statement said the judge in the case held Bassetlaw to have failed to meet industry standards meaning the council was “therefore highly culpable, having fallen far short of what was expected”.

Bassetlaw pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974 and in addition to the fine was ordered by Nottingham Magistrates’ Court to pay costs of £5,138.85 and a victim surcharge of £2,000.

HSE inspector Muir Finlay said: “The fine imposed on the district council should underline to all employers that work on banks and slopes should only be undertaken when a suitable and sufficient assessment of the risks has been carried out and appropriate controls or training provided.”

Bassetlaw chief executive David Armiger said: “We entered an early guilty plea to both charges and have fully cooperated with the HSE throughout their investigation and implemented all of their recommendations, including a more robust approach to Health and Safety measures, training, and working practices. 

“Since the accident and the findings of the HSE investigation, we have considerably improved our approach to the management of risk and have been extremely proactive in implementing new and enhanced ways of working, with an ongoing commitment to investment in further change.”

The employee involved has since returned to work.

Mark Smulian

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