Inadequate training programme sees tree specialist fined for employee’s injuries

Oak View Tree Specialists Limited (OVTSL), a tree specialist company based in Essex, has been fined after a skip-loading dumper overturned and resulted in a worker sustaining life-changing injuries.

Basildon Magistrates’ Court heard how the injured party, a 19-year-old who was employed directly by OVTSL, was working at the rear of a property in Benfleet, Essex, when the incident occurred.

The employee had been given only a few minutes’ training on how to operate the dumper truck, before being given a task that required specialist training.

He had no driving licence and had not been wearing a safety belt when the vehicle overturned.

The employee, who has chosen to remain nameless, broke his back as a result of the incident and spent months recovering in hospital.

His injuries are life-changing and it is unlikely that he will ever be able to walk again.

OVTSL, of Rayleigh, Essex, pleaded guilty to breaching Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998 because it failed to ensure that an adequate level of training was given to its employees, for the purposes of health and safety.

It was served with a fine of £3,000, with costs of £1,500.

Keith Waller, a HSE Inspector involved with the case, said: “This was entirely an avoidable incident.

“The defendant failed to take reasonably practicable measures because they allowed their employee to operate a dangerous item of plant machinery with only the very minimum of training.

“It is not acceptable to put drivers into vehicles that they have not previously operated, or without the necessary training by a qualified and competent instructor.”