Leading manufacturer of agricultural balers acquitted
Sandesh Singh, instructed by Olivia Tusler and Charlotte McClelland of Kennedys, has secured the acquittal of a leading manufacturer of agricultural balers.
The case concerned an incident in which a farmer lost his arm whilst using a baler manufactured by the defendant. His arm was drawn into moving parts of the baler and was amputated at the shoulder.
The Health and Safety Executive brought a charge under Section 6 of the Health and Safety at Work etc Act 1974, alleging that the baler was not safe so far as reasonably practicable.
The defendant also faced a charge that it failed to comply with the Essential Health and Safety Requirements of the Machinery Directive, as required by the Supply of Machinery (Safety) Regulations 2008.
The Health and Safety Executive argued that the area of the baler where the incident occurred was inadequately guarded and that there were a range of reasonably practicable measures which could have been taken to reduce the risk of entanglement.
The defendant disputed this, arguing that it had fitted a guard in the area where the incident occurred and that it was not reasonably practicable to provide more extensive guarding in that location without compromising the use of the baler or creating greater risks. Therefore, it was appropriate for any residual risk to be addressed by way of instructions and warnings to operators that they should not access the baler when it was under power – which were not followed in this instance.
The defendant also relied on industry practice at the time of the incident to demonstrate that it was not reasonably practicable to do more to address the risk.
At the conclusion of a 12-day trial at Coventry Crown Court, the jury acquitted the defendant of both charges.
