Company and contractor fined after member of public struck by fencing wire

Redditch Magistrates Court heard a member of the public was in her garden, when she was sprayed with pieces of fencing wire that had become entangled in a mechanical flail. As the head of the flail was lifted, ejected pieces were directed towards her garden. She was struck twice, once in the leg and once in the neck. She needed surgery to remove the piece of metal from her neck.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 18 May 2015, found the contractor RMC who had engaged the sub-contractor CTS to carry out the flailing, who had failed to properly plan this work to ensure the suitable controls had been identified and implemented.

They both failed to check the area for obstructions or follow safe procedures should such an event occur.

RMC pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015, and was fined £180,000 and ordered to pay costs of £22,000.

Matt Lea pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and has been sentenced to 120 hours community order and ordered to pay costs of £3600.

Speaking after the hearing HSE inspector Chris Gregory said: “Members of the public have a right to expect to be able to enjoy their garden without any risk of being hit by flying debris from neighbouring work activity.”