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Civil engineering company and tree surgery company fined after member of public injured by fencing wire

R M Contractors Limited and Complete Tree Services have been sentenced following an injury caused by fencing wire.

R M Contractors Limited, a civil engineering company, and Complete Tree Services, a contractor working on behalf of a tree surgery company, have been sentenced following an injury caused by fencing wire.

A member of the public was in her garden when she was sprayed with pieces of fencing wire that had become tangled in a mechanical flail and was directed towards her garden. The lady was struck in the leg and neck. Surgery was required to remove the piece of metal from her neck.

A HSE investigation 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 had failed to properly plan this work to ensure that suitable controls had been identified and implemented.

Redditch Magistrates’ Court found that both companies had failed to check the area for obstructions or follow safe procedures in the event of an incident.

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

Matt Lea of Stratford-Upon-Avon, Warwickshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was sentenced to 120 hours community order. He was also ordered to pay costs of £3600.

More information on this case can be found at hse.gov.uk.