Skip to main content
IOSH Magazine: Safety, Health and Wellbeing in the world of work - return to the homepage IOSH Magaazine logo
  • Visit IOSH Magazine on Facebook
  • Visit @ioshmagazine on Twitter
  • Visit IOSH Magazine on LinkedIn
MEMBER PREDICTIONS
ARTIFICIAL INTELLIGENCE
November/December issue

Main navigation

  • Home
    • Browse previous issues
    • Member accolades
    • Member tributes
  • Health
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Management
    • Human factors
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Sickness absence
      • Young workers
    • Leadership and management
      • Employee involvement
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Rehabilitation
      • Personal injury
      • Return to work
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Skills
    • Communication
    • Personal performance
      • Achieving Fellowship
      • Career development
      • Competencies
      • Personal development
      • Professional skills
      • Qualifications
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Jobs
  • Covid-19
  • Knowledge Bank
    • Back to basics
    • Book club
    • Infographics
    • Podcast
    • Reports
    • Webinars
    • Videos
  • Products & Services
  • Management
    • Human factors
      • Sickness absence
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Young workers
    • Leadership and management
      • Employee involvement
      • Leadership
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Health
    • COVID-19
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Skills
    • Communication
    • Personal performance
      • Career development
      • Competencies
      • Personal development
      • Qualifications
      • Professional skills
      • Achieving Fellowship
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Transport and logistics
  • Third sector
  • Retail
  • Mining and quarrying
  • Rail
  • Rehabilitation
    • Personal injury
    • Return to work
  • Utilities
  • Manufacturing and engineering
  • Construction
  • Sector: IOSH Branch
    • Sector: Northern Ireland
    • Sector: Midland
    • Sector: Merseyside
    • Sector: Manchester and North West Districts
    • Sector: Ireland East
    • Sector: Ireland
    • Sector: Edinburgh
    • Sector: Desmond-South Munster
    • Sector: Qatar
    • Sector: Oman
    • Singapore
    • Sector: South Coast
    • Sector: South Wales
    • Sector: Thames Valley
    • Sector: Tyne and Wear
    • Sector: UAE
    • Sector: West of Scotland
    • Sector: Yorkshire
  • Healthcare
  • Sector: Fire
  • Sector: Financial/general services
  • Sector: Energy
  • Education
  • Sector: Communications and media
  • Chemicals
  • Sector: Central government
  • Catering and leisure
  • Agriculture and forestry
  • Sector: Local government
  • Sector: IOSH Group
    • Sector: Financial Services
    • Sector: Sports Grounds and Events
    • Rural industries
    • Sector: railway
    • Public Services
    • Sector: Offshore
    • Sector: Hazardous Industries
    • Sector: Food and Drink
    • Sector: Fire Risk Management
    • Education
    • Construction
    • Sector: Aviation and Aerospace
Quick links:
  • Home
  • Categories
  • Topics
  • Management
  • Human factors
  • Safe systems of work
Work equipment
Agriculture and forestry
News

UPDATED: London council fined £500k after worker sawed leg to the bone

Open-access content Friday 8th July 2016

London council fined £500k after worker sawed leg to the bone

Southwark Crown Court heard that George Ball, 58, who was a roadworker for the council, was clearing a blocked drain in a residential street in Romford on 2 March 2015 and needed to cut back trees above the ditch containing the drain.

Ball was using a hand-held petrol-driven Stihl cut-off saw with a rotary blade to lop branches when the blade jammed in the wood. As he pulled it free, the blade glanced across the upper part of the his left leg cutting through to the bone. He needed surgery and 60 stitches, and also sustained muscle and ligament damage.

HSE inspector Samantha Gillatt told IOSH Magazine the cut-off saw was part of the council team's equipment, usually used for cutting concrete. The blade Ball used had been purchased by a council manager and had been used once before to lop trees.

"The rotary blade was one that you would usually find in a woodworking shop for cutting pieces of timber. So it should only be used in a cross-cut saw or similar," said Gillatt. She added that though the council had a risk assessment for the saw's use it did not cover cutting branches. "It was a generic Stihl saw risk assessment," said Gillatt.

London Borough of Havering Council pleaded guilty to breaching Regulations 4(2) and 4(3) of the Provision and Use of Work Equipment Regulations, which covers selecting work equipment and ensuring it is only used for operations for which it is suitable.

In court Vivek D'Cruz, prosecuting, was quoted as saying: "Mr Ball had never read or been directed to the manuals for the equipment he used in his job, including the cut-off saw that caused him such a serious injury that day. Nor did he know where such manuals were kept.

The judge set the council's culpability as medium because there were clear warnings in the Stihl saw's manual about the risks of using incorrect blades. The judge said he put more emphasis on the potential harm risked than the actual harm caused. He set the likelihood of injury as high and the potential for injury as level A. ("That blade, if it had come down on his neck could have caused a fatality and the Stihl saw manual warned about that," Gillatt noted). This combination of likelihood and potential harm - in lieu of the actual harm -- placed the offence in Category 1 in the guidelines.

The authority's turnover was assessed by reference to its annual budget -- just under £159m for 2016-17 -- which made it a large organisation for sentencing purposes. The starting point for the fine was £1.3 million and the range was from £800,000 and £3.25 million. The judge noted Ball's injury, the actual harm from the failing, was an aggravating factor in the case, but in setting the penalty at £500,000 he allowed for the fact that Havering had pleaded guilty at the first opportunity and that a high penalty could lead to cuts in the local authority's services.

The fine is one of the first to be imposed on a local authority since the new sentencing guidelines for health and safety offences were introduced earlier this year. The council must also pay prosecution costs of £8,240. Havering is said to be considering an appeal against the penalty because it believes it is too high.

Topics
Safe systems of work
Work equipment
Agriculture and forestry
News

You might also like...

Share
  • Twitter
  • Facebook
  • Linked in
  • Mail
  • Print

Latest Jobs

Health Safety & Assurance Advisor

Birmingham
£38000 - £42000 per annum
Reference
5452761

Health and Safety Manager

Belfast
Up to £55000 per annum + Car & Excellent Benefits
Reference
5452758

Health and Safety Advisor

City of Westminster
Up to £55000 per annum + Car & Travel
Reference
5452757
See all jobs »

Today's top reads

Sign up for regular e-alerts

Receive the latest news and features, free to your inbox

Sign up

Subscribe to IOSH magazine

Receive the print edition straight to your door

Subscribe
IOSH Covers
​
FOLLOW US
Twitter
LinkedIn
YouTube
CONTACT US
Contact us
Tel +44 (0)20 7880 6200
​

IOSH

About IOSH
Become a member
IOSH Events
MyIOSH

Information

Privacy Policy
Terms & Conditions
Cookie Policy

Get in touch

Contact us
Advertise with us
Subscribe to IOSH magazine
Write for IOSH magazine

IOSH Magazine

Health
Safety
Management
Skills
IOSH Jobs

© 2023 IOSH • IOSH is not responsible for the content of external sites

ioshmagazine.com and IOSH Magazine are published by Redactive Media Group. All rights reserved. Reproduction of any part is not allowed without written permission.

Redactive Media Group Ltd, 71-75 Shelton Street, London WC2H 9JQ