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Tractor Accident Sees Two Brothers Fined
Posted by David Cant on January 13, 2012

Back in September 2010 an accident involving a tractor occurred at a farm in Higher Nansloe. A 55 year old was working in the field, spreading out some manure using a tractor. Unfortunately when he jumped out of the tractor in order to open a gate the tractor began to move down a the slope it was on and ran the worker over.

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Colin Jenkin was seriously injured in the accident. He was left with several broken ribs, damage to his eye socket and also some crush injuries to his back. Although seriously injured Mr Jenkin was able to raise the alarm by using his mobile phone to call for help. His eye socket is permanently damaged and since the incident Mr Jenkin has not been able to return to work.

When the Health and Safety Executive investigated they found that the tractor handbrake was not working properly. The tractor had not been well maintained either which meant that the owners of the farm were in breach of Regulation 5 (1) of the Provision and Use of Work Equipment Regulations 1998. This regulation states that all employers must check and monitor equipment which is used, ensure it is in good order, a good state of repair and that it is well maintained.

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Thanks to the negligence of two brothers a worker has been left in pain, loss of vision and it is still unclear if he will ever be able to return to work. The brothers, Derek Benney and Roger Benny were both prosecuted by the Health and Safety Executive and both of them pleading guilty for breaching the Provision and Use of Work Equipment Regulations 1998 Regulation. Derek Benny was fined £2000 and an additional £3000 in costs. Roger Benny was fined a total of £3500 and charged £3000 in costs.

The Health Inspector Gareth Cottle spoke after the hearing and said that Mr Jenkins could have easily lost his life in this accident. It is essential that farmers take care of the equipment that they use and need to keep everything maintained to avoid accidents.

Health and Safety Consultants Services

If you are unsure of any of the regulations it is worth checking with health and safety consultants by asking for a full health and safety audit. This is one of the excellent ways of seeing what is working and what isn’t, making new policies and addressing any laws and regulations which are not being adhered to.

Health and safety services are valuable to all businesses whether they are in the agricultural or construction industries, or office based. By using health and safety consultants you can protect your employees from accidents which potentially could cost them their lives.

Call 0800 1488 677 to talk about an areas of concern you have regarding the health and safety practices in your company. The experts will offer you advice on what steps to take in order to stay within the laws and regulations.


David Cant is a Chartered Safety and Health Practitioner extraordinaire. He has a wealth of Industry experience and is the MD of Veritas Consulting. David also Blogs about Health and Safety here Health and Safety Consultants

His aim is to flavour Health and Safety with integrity, served with a side of humour You can find David on - Twitter and Google also Linkedin

This post has been filed in: Prosecutions & Who's in Court, Workplace Safety

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