An Angus farm has been fined £8,000 at Arbroath Sheriff Court after admitting health and safety failings that “had clear potential” to cause a fatal accident.
Nether Dysart Farms owner’s son David Alston Jr and employee Ian Murray were injured when a farm vehicle plunged over a cliff on May 12 2010.
The farm, at Lunan, Montrose, pled guilty to breaching Section 2 of the Health and Safety at Work Act 1974 by allowing a person under the age of 18 Mr Alston, who was 17 at the time of the accident to operate a telehandler without formal training.
Mr Murray (54) sustained a fractured pelvis, dislocated shoulder and broken ribs and Mr Alston suffered a broken pelvis.
Depute fiscal Gavin Callaghan told the court the pair had been repairing the fence in a field between the East Coast railway line and cliffs overlooking Lunan Bay in preparation of cattle being moved there.
The Manitou 626 lift truck, which was being used to carry the fence posts and other materials, was being driven by Mr Alston.
Mr Callaghan said: ”At around 1530 Mr Murray was examining the fence in the south east section of the field and Mr Alston Jr switched off the engine of the Manitou about 15 yards away on ground that had a 10% gradient.
”As he turned to open the door the Manitou began to move towards Mr Murray. Mr Ashton Jr shouted to Mr Murray that he was unable to stop the Manitou shouting ‘There’s nae brakes’.
”As the engine had been shut off there was no hydraulics in the brakes. As it continued towards the fence the gradient increased from about 10% to 14%.”
He said Mr Murray ran to help as the vehicle continued to move down the bank. At the same time Mr Alston jumped from the driver’s door but was caught between the back wheel of the vehicle and a fencepost, suffering a broken pelvis.
Mr Murray was also struck and knocked under the rear wheel of the vehicle, which ran over the left side of his body. He sustained a fractured pelvis, dislocated right shoulder, fractured ribs and collar bone, a punctured lung, damaged shoulder blade and a severed urethra which later required major surgery.
Meanwhile, the telehandler went through the fence and rolled down the steep bank, shedding its load from the bucket, and came to a halt lying on its nearside about 29 metres from the fence at the top of the cliff.
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The alarm was raised by Mr Alston Jr who phoned his father, David Alston Sr, who was working on a nearby field.
The Health and Safety Executive and Tayside Police subsequently launched inquiries into the incident. Mr Callaghan said the reports were unclear whether the brake had been accidentally disengaged after the engine had been switched off or whether it had failed to hold on the gradient, though it was highlighted that the vehicle had been serviced less than eight weeks before the accident.
The HSE investigation also revealed that Nether Dysart Farms had never provided any formal training in tractor driving for Mr Alston, though he had been informally taught by his father from a young age.
Approved codes of practice make it clear that people under 18 should not be permitted to drive tractors or self-propelled vehicles unless they have been on a formal training course.
Mr Callaghan added: ”Mr Alston should not have been driving the telehandler in this particular field at all, as Approved Code of Practice states young people should not be allowed to drive a tractor unless the ground is free of steep slopes.
”The accused failed to observe clear guidance that could have avoided this accident. There was a clear potential for this to be a fatal accident.”
Defence agent Mr Smith said Mr Alston had been driving on the farm ”since his feet could touch the pedals” something thought to be common in farming families.
He said: ”It is accepted that Mr Alston Jr had not received formal training in the use of the Manitou but he was experienced in its use and had used it over a number of years. He had received informal or ‘on-the-job’ training.
”It is not known whether the pulling brake failed or Mr Alston Jr knocked the lever. His inability to start the engine was borne of panic and Mr Alston Jr found himself in a vehicle that he was unable to control running towards a steep cliff. I think this was a natural reaction.”
He said the farm accepted it had fallen short of the standard required but that this was a breach on a specific operation on a single day.
Sheriff Peter Paterson said he considered the breach ”at the lower end of the scale” although he recognised the extent of the injuries the employees suffered.
Imposing the fine, he said: ”It’s clear that Mr Alston has taken the matter seriously but it’s clear that the penalty has to be one that reflects the seriousness of the matter.”
HSE inspector Gillian McLean said: ”Had the appropriate guidance been followed this incident could have been avoided. There was a clear potential for this to have been a fatal incident, all because the employer failed to ensure a safe system of work was in place by not following the Approved Codes of Practice.”
There was no response to phonecalls to the farm.