Health and Safety Failings – Farming company fined after ATV incident

Farming company fined after ATV incident

Key Facts: 

• The fiancée of the director of a farming company suffered life-changing head injuries after an incident involving an all-terrain vehicle (ATV).
• The ATV was described as ‘dangerous and unroadworthy’, the fiancée had received no formal training, and there was no helmet available for her to wear whilst driving the vehicle.
• The farming company were fined £2,000 and costs of £483.

The Case:

An HSE investigation was launched after an incident involving an all-terrain vehicle (ATV) at a farm in mid-Devon.

The fiancée of one of the farming company’s directors lost control of an ATV, which crashed and rolled, throwing her to the road, whilst she was not wearing a helmet.

She suffered life-altering head injuries, was hospitalised for 10 days, and was unable to return to work for 7 months.

The company failed to report the incident to the HSE, who only became aware of the injury after Devon and Cornwall Police got in touch with them.

The subsequent HSE investigation found that the ATV had been poorly maintained, and its condition was described by an attending officer as ‘dangerous and unroadworthy’. There were longstanding defects to the brakes and steering mechanisms of the vehicle. The director’s fiancée had received no training in the use of the ATV, and there was no helmet available for her to wear.

The case was heard at Exeter Magistrates’ Court on 13 April 2015, where the company pleaded guilty to breaches of Regulation 5(1), 9 (1) of the Provision and Use of Work Equipment Regulations 1998 (PUWER), Regulation 3(1)(c) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) and Section 3 and 2(1) of the Health and Safety at Work etc Act  HSWA. They were fined £2,000 and costs of £483.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Simon Jones stated that:

“This was an entirely preventable injury and it is by fortune that it was not a fatality.

 ATV’s are incredibly useful to the farming industry but it is essential that they are properly maintained with regular checks to ensure they are safe . Farmers should not wait for something to go wrong before maintaining an ATV. 

Anyone who uses an ATV should be properly trained and always wear a helmet. If you have an accident on an ATV wearing a helmet could save your life or prevent a serious head injury.” 

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