The manager of a fruit farm in Hampshire has been convicted of gross negligence manslaughter after the deaths in February 2013 of two workers sent into a nitrogen gas-filled container to retrieve apples whilst holding their breath. Although on holiday at the time, Andrew Stocker had allowed and encouraged the practice of 'scuba diving' over several years, despite it being in breach of the company's safety policy, as a way of gathering the best fruit samples for an agricultural competition. The men suffocated after entering the sealed container through a hatch without breathing apparatus while the atmosphere still contained only 1% oxygen, rather than waiting for the container to be fully vented or following accepted industry practice by using a net to hook out the fruit. The farm company, Blackmoor Estate Ltd, pleaded guilty in January to health and safety breaches in connection with the same incident, and will be sentenced together with Mr Stocker on 1 July.
What this means for you
This case represents yet another prosecution in the agricultural
sector, following on from the corporate manslaughter conviction for
J Murray & Sons in 2013 over the death of a worker who fell or
was dragged by his clothing into an animal feed mixing machine
which had been operated for 3 years without any safety guards. In
that case the company was fined £100,000 plus £10,000
costs after pleading guilty, a sentence intended to 'mark the
court's strong disapproval' of the company's gross
negligence.
Earlier this year, a dairy farm was fined £133,333 with costs
of £19,421 and its director given a 4 month suspended prison
sentence, after a worker was crushed to death by a bull in 2012.
Betholt Ltd admitted failing to carry out a suitable and sufficient
risk assessment and not putting safety measures in place. Other
recent convictions in the agricultural sector have involved workers
injured whilst felling a tree, being hit by reversing vehicles and
falling from a roof.
Although agriculture remains one of the most dangerous industry
sectors, the incidents giving rise to the above convictions were
held to be completely avoidable. Agriculture as a sector has been
slower than others to realise the need for safety management
systems, but given the wealth of information provided by the Health
and Safety Executive on its website lack of knowledge will not
amount to an excuse or a defence.
The fact that no previous incidents have occurred is no guarantee
that a system of work is safe. Farms and individual managers have a
duty to carry out risk assessments and put reasonable safety
measures in place – those allowing or encouraging unsafe
practices face hefty fines, reputational damage and prison
sentences.
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