Cork agricultural contractor fined €65,000 after farmer's hand amputated
Judge John Martin said the injured party suffered a devastating injury to his dominant right hand which affected him physically, emotionally, mentally, and financially.
A farmer had his right hand amputated in a fertilizer spreader which was brought to his farm by an agricultural contractor and on Thursday this firm was convicted and fined €65,000 for Health and Safety offences arising from the devastating accident.
Judge John Martin said the injured party suffered a devastating injury to his dominant right hand which affected him physically, emotionally, mentally, and financially.
Solicitor Jim Brooks said the injured party, Thomas Maw, prepared a victim statement on February 20 in respect of what happened on June 26, 2021, in which he stated that he was very distressed by the company’s attitude and he had not received any sort of apology.
But on receipt of the victim's evidence by the company, an apology was given a week before the court case. Judge Martin said one could be cynical about the timing of the apology but he noted that it was very meaningful for the injured party who bears no ill will to the company in light of the apology and does not want to see them put in a position of financial difficulty.
The judge noted from the evidence of Inspector David Barry of the Health and Safety Authority that the incident occurred on June 26, 2021, when the defendant company was contracted to spread fertilizer on the land, and one of their employees was operating it. However, the farmer, Thomas Maw, assisted when fertilizer clogged the machine and the accident occurred, instantly severing all of his fingers and his thumb of his right hand.
Stuart and Lyndon Smith Ltd. the defendant company, is an agricultural contractor and brought machinery to the injured party’s farm that day which consisted of a fertilizer spreader attached to a trailer containing 20 tons of fertilizer. The spreading machine could hold three tons of fertilizer at a time and scatter it by means of a spinning corkscrew-type mechanism. It spun at about 100 revolutions per minute, Mr Barry said.
The judge noted that exactly how the accident happened was a matter of some disagreement but said the court did not have to have regard for that, adding: “It simply could not have happened if the guard had not been removed.”
The judge said the bolts on the guard were unscrewed or sheered by the defendant company in October 2020 to remove the guard that would have prevented the accident.
He noted that in mitigation the company had immediately put back the guard and they no longer use this particular machine.
Patrick O’Riordan, defence barrister, said: “There is no gainsaying a serious injury occurred. But the company has dealt with the matter in a very responsible manner. The company has no previous convictions. A signed plea of guilty was entered. The business conducted by my client is of longstanding (over 70 years). There was full cooperation with the Health and Safety Authority investigation.”
The judge agreed that the company had a good history in terms of health and safety and had taken this matter seriously.
The company has had no previous or subsequent difficulties.
Stuart and Lyndon Smith Ltd, of Ballynametagh, Carrigaline, pleaded guilty to counts stating that on June 26, 2021, they did fail to manage work so that individuals were not exposed to risks, namely that it failed to ensure an auger guard remained in place on a Can Argo auger conveyor system, and a similar count outlining the same details but additionally specifying this breach resulted in Thomas Maw suffering personal injury, the charges being contrary to Section 77(2) and Section 77(9) under Section 12 of the Health and Welfare at Work Act.
