Exeter Magistrates’ Court has fined a Devonshire farm £2,000 and ordered to pay costs of £483 after admitting breaches of Regulation 5(1), 9 (1) of the Provision and Use of Work Equipment Regulations 1998 (PUWER), Regulation 3(1) (c) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) and Section 3 and 2(1) of the Health and Safety at Work etc. Act HSWA.
The Health and Safety Executive (HSE) told the court that an all terrain vehicle (ATV) was being used by the fiancé of one of the farm directors. She had not received any training or been provided with a protective helmet.
Furthermore, the incident had not been reported to the HSE who only became aware of the details after the local police made contact. The police advised that the vehicle was not roadworthy and had brake and steering defects.
The director’s fiancé sustained head injuries after the ATV crashed and rolled throwing her onto the road. A seven month recuperation period was required.
After the case was heard, Simon Jones from the HSE stated:
“ATV’s are incredibly useful to the farming industry but it is essential that they are properly maintained with regular checks to ensure they are safe. Farmers should not wait for something to go wrong before maintaining an ATV.”
“Anyone who uses an ATV should be properly trained and always wear a helmet. If you have an accident on an ATV wearing a helmet could save your life or prevent a serious head injury.”