The Health and Safety Executive (HSE) has prosecuted Derek Benney, Richard Benney and Roger Benney, of FH Benney and Sons, following a dangerous incident at their farm Higher Nansloe near Helston. The incident involved a 55 year old farmworker from Wendron who was severely injured when a tractor with a faulty handbrake ran him over in September 2010. As a result they have been ordered to pay a fine of £7,500 and a total of £9,000 in costs.
Colin Jenkinds was in the middle of spreading manure over a field when he had to get out of his tractor to open a gate. The tractor, which was parked on a slope, subsequently rolled forward and ran him over. Mr Jenkin sustained seven broken ribs, crush injuries to his back and permanent eye socket damage. Despite the condition of his eyes, Mr Jenkins was still able to use his mobile phone to call for help. He has been rendered unable to continue working following the incident.
It was concluded by the HSE that the handbrake of the tractor had not been properly maintained by the farm.
Derek, Richard and Roger Benney all admitted guilt to breaching Regulation 5 (1) of the Provision and Use of Work Equipment Regulations 1998. Derek Benney was fined £2,000 and ordered to pay £3,000 costs. Richard Benney was fined £3,500 and ordered to pay £3,000 costs. Roger Benney was fined £2,000 and ordered to pay £3,000 costs.
Following the hearing HSE inspector, Gareth Cottle said that Mr Jenkins could easily have died in the incident. His life has changed dramatically as a result of his injuries and being unable to work. He also stated –
“Farmers must ensure equipment used on their farms is properly maintained and serviced to avoid future incidents like this.”