A Cheshire farm owner has been fined after a man fell to his death from a forklift truck while attempting to repair the roof of a packing shed at his premises in Tarporley.

Denis Thornhill and his company D.S. Thornhill (Rushton) Limited were fined a combined £16,000 after 64-year-old Mark Young was killed at Moss Hall Farm on 1 February 2021.

Earlier this year, both Thornhill and the company been found guilty of breaching health and safety legislation following a six-week trial at Chester Crown Court. The jury cleared 78-year-old Thornhill on a charge of gross negligence manslaughter. They returned to the same court on 11 October 2024 to be sentenced.

During the trial, the court was told that on 29 January 2021, Mr Young, who worked as a roofer, had been asked to make repairs to a roof panel and fix a blocked gutter on the same building. However, as he was walking across the roof, he damaged a second roof panel so a replacement was purchased to carry out an additional repair.

He returned with his son three days later to complete the work and asked to be raised up to do it. Denis Thornhill arrived with a forklift truck that had a potato box balanced on its forks. Mr Young was lifted up inside the potato box to a height of around 16 feet, while his son, who was on the roof, attempted to reposition the panel from above. As Mr Young moved to one side of the potato box, it caused it to overbalance and he fell to the floor sustained serious head injuries.

Although paramedics were called, they were unable to resuscitate him and he was pronounced deceased at the scene.

HSE Inspector Ian Betley said after the hearing: “This was a tragic incident that could so easily have been avoided.

“The forklift truck and potato box were the wrong pieces of equipment for the job and never a suitable platform for working at height. The work should instead have been carried out using a tower scaffold, scissor lift, or a cherry picker.

“In bringing the forklift truck and potato box and using it to lift Mark at height, the company was in control of the work but had failed to implement proper planning and safe execution of it.

“All companies have a legal duty to ensure the safety of workers they employ or who carry out work for them. If that had happened in this case, then Mark’s life wouldn’t have been lost.”

A joint investigation by Cheshire Constabulary and the Health and Safety Executive (HSE) found that on the day of the accident there was no safe system of work implemented for working at height and unsuitable work equipment was used. The potato box did not have the required safety features for a non-integrated work platform and had not been secured in a way to prevent it overbalancing. Additionally, the forklift truck had not been subjected to a thorough examination at the required frequency and was unsuitable for lifting people and Denis Thornhill was not formally trained in operating the forklift truck. Enforcement action was taken and a Prohibition Notice was served on the company prohibiting further work until a safe system was devised.

Denis Thornhill of Eaton Lane, Tarporley, Cheshire was cleared of manslaughter but was also found guilty of breaching Section 37 of the Health and Safety at Work etc. Act 1974, by virtue of 37(1) of the Act and was fined £4,000 and ordered to pay costs of £4,000.

D.S. Thornhill (Rushton) Limited of Moss Hall Farm, Moss Hall Lane, Tarporley, Cheshire was found guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £12,000 and ordered to pay costs of £10,000.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

Video footage taken by a neighbour captured the moment a farmer allowed one of his grandchildren to illegally ride in his tractor and ultimately led to his conviction.

William Howard Walters, 78, was given a 12 month community order after he was spotted with the child in the tractor cab as he fed cattle on his farm in South Wales.

Walters had already been issued with a prohibition notice by the Health and Safety Executive (HSE) in November 2020 after admitting to inspectors he allowed his pre-teen grandchildren to ride in his tractor. However, just two months later, he was filmed by his neighbour flagrantly breaching the terms of that notice.

A HSE inspector who investigated Mr Walters says the law is “very clear”. Children under 13 are specifically prohibited from driving or riding on or in any agricultural machine, including the tractor cab.

At the time of committing the offence, Walters, of Tirmynydd Farm in Birchgrove, Swansea, was already the subject of a suspended prison sentence for unrelated environmental offences. In a case that was heard on 27 August 2024 at Swansea Crown Court, he was fined £500 for breaching the terms of that sentence. As part of his community order, Walters must attend 25 days of rehabilitation.

Agriculture remains one of the most dangerous industries in Britain, with on average around 29 people killed each year. Being killed by vehicles remains the most significant cause of work related fatality over the last five years.

Unfortunately, children are among those deaths with it often being the case that they are family members, with many killed by farm vehicles.

How farmers can keep children safe:

• Children must not be allowed in the farm workplace (young children should enjoy outdoor space in a secure fenced area).
• Any access to the farm workplace by children under 16, for example for education, or knowledge / experience, must be planned and fully supervised by an adult not engaged in any work activity.
• Children under the age of 13 years are specifically prohibited from driving or riding on any agricultural machine. It is illegal.
• Properly trained, instructed, and supervised older children may, in tightly controlled circumstances, be able to help with some straightforward low risk tasks.

Further detailed guidance about child safety on farms and in agriculture is available.

Howard Walters, of  Tirmynydd Farm in Birchgrove, Swansea, pleaded guilty to breaching section 33(1)(g) Health and Safety at Work etc Act 1974. He was given a 12 month community order and ordered to pay £3,000 in costs.

HSE inspector Simon Breen said: “The law around children being allowed in the cabs of any agricultural vehicle is very clear. For any child to ride on agricultural machinery like a tractor is unsafe and illegal.

“The fact this farmer chose to ignore a prohibition notice for putting his grandchildren at risk is all the more staggering.

“We will take action against those who break the law.

“The solution is very simple – young children should never ride in agricultural vehicles.”

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Britain’s workplace regulator, is calling on farmers to do all they can to make sure those visiting their farms are kept safe and healthy.

It is the time of year when some farmers consider hosting “open farm” events, perhaps as part of Open Farm Sunday, happening on Sunday 9 June 2024. Open farm events allow members of the public to visit participating farms and witness farming first hand.

Both visitors and farmers can find these open days  informative, engaging and rewarding, however farmers also have a legal duty to make sure visitors are kept safe and well.

Wayne Owen, an inspector from the Health and Safety Executive (HSE) says  many of the measures farmers must put in place are easy to apply.

“Events like Open Farm Sunday provide the chance for the public to get an insight into this really important industry,” he said.

“However, it is important that farmers understand the risks on their farm and ensure that visitors are protected from them.

“As well as safety risks from things such as moving vehicles and animals, there are also potential health risks that the farmers will need to control.

“By following some simple steps, both farmers and the public can get as much out of these visits as possible.”

In a bid to assist in identifying and controlling risks to visitors, the Access to Farms industry group has produced an Industry Code of Practice (ICOP) which is available to download free from the Access To Farms website. As well as guidance on how to control risk, the ICOP includes a useful checklist for farmers to use. There is also a shorter summary guide, and a guide for schools planning to take pupils to farm events.

HSE was consulted in the production of the ICOP. It provides sensible, proportionate and balanced advice to farms on how to comply with health and safety law and keep visitors safe and well.

Key components of a well-managed open farm event include:

• Making sure the event is risk assessed and well planned.
• Ensuring that the farm and farm staff understand the risks on site, including zoonotic risk (i.e. risks from diseases or bugs carried by animals).
• Providing visitors with enough information on the risks and the controls in place (e.g. the importance of properly washing hands after touching animals, before eating or drinking, and before leaving site).
• Controlling visitor access to animals.
• Supervising visitor contact with animals. Providing separate clean areas for petting of animals. Preventing visitors going into the pens with animals.
• Providing suitable facilities for washing hands (normally this will be hot and cold water, liquid soap and paper towels) and directing visitors to use them after petting animals, before eating food, before and after using any play equipment, and before leaving site.
• Hand washing gels are not an acceptable substitute for washing facilities.
• If visitors are allowed to consume food or drink on site, providing separate clean eating areas, near hand washing facilities.
• Good prominent signage on site giving important information to visitors (but don’t rely on signage alone to give those important messages).
• Ensuring that visitors are not exposed to other risks on the farm e.g. by fencing off high risk areas or activities and keeping people away from traffic routes and moving vehicles.

By following these principles farms can hold safe and enjoyable open farm events.

Notes to Editors:

1. The Health and Safety Executive(HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. Further details on the latest HSE news releasesis available.

A farming partnership in Surrey has been fined £36,000 after a young father was seriously injured.

Christopher Rolfe from Horsham in West Sussex, sustained four rib fractures when five hay bales, each weighing 600kg, toppled and fell on top of him at Polesden Lacey Farm on 28 April 2022.

Just 26 at the time, Christopher had gone into a barn to collect bales that were being delivered to local customers. The bales had been stored on a layer of pallets to keep them off the barn floor, which was damp at the time.

As he was removing the pallets to reach the stack of bales, an entire column of five toppled over and crushed him against the floor. Christopher lay trapped screaming for help until a nearby dog walker heard his cries and alerted the emergency services. He suffered fractures to his pelvis and ankle as well as his ribs.

“I was a stereotypical young man in agriculture. I always thought I’d be fine – as long as I got to drive a quarter of a million pound tractor down the road with everyone looking at me.

“Now that’s the last thing on my mind. I very much look at every piece of machinery in front of me and think how quickly can that thing kill me.

“I was lucky to come away with just a broken hip and leg fractures.”

He was then airlifted to hospital where he underwent emergency surgery before starting months of rehabilitation in order to regain his mobility to start walking again and caring for his then four-year-old son.

“I was later told that if I had gone by road to the hospital I would have died.

“But at the time, I didn’t even want to go to hospital. The biggest thing that went through my mind at the time was that I’d just ruined my summer!

“Having spoken to the staff at Kent Surrey and Sussex Air Ambulance, I’ve come to realise just how important they are. When I needed them, they were there. My son, who’s now seven is even a young ambassador for them. So something really good has come from a really bad situation.

“My outlook on what happened is that I can’t change it, but I have to deal with what I’ve got.”

Chris has since resumed his career in farming.

A Health and Safety Executive (HSE) investigation found the poorly constructed stack of bales had not been stacked on firm, dry, level, freely draining ground but instead on top of old pallets as the barn floor was uneven and prone to waterlogging. The bales were placed in vertical columns and were not ‘tied in’ by alternating the layers so the bales overlap and stop the stack from splitting. The company had also failed to identify safe working methods for unstacking bales, keeping the face racked back as bales were removed.

HSE guidance states the bottom of a stack should set up a dry, sturdy foundation for all additional bales. Bales should all be ‘tied in’ and the stack should be monitored to ensure it remains stable. More on this can be found at: Safe working with bales in agriculture (hse.gov.uk)

F Conisbee and Sons Ltd, of Ockham Road South, East Horsley, Surrey, pleaded guilty to breaching Regulation 10 (4) of the Work at Height Regulations 2005. The company was fined £36,000 and ordered to pay £4,986 in costs at Staines Magistrates’ Court on 15 May 2024.

HSE inspector Sally Parkes said: “This accident would have been easily avoided if the farm had followed the guidance published by either HSE or the National Farmers Union on the safe stacking of bales.  Stacking bales requires skill and should be overseen directly by someone with knowledge of the industry guidance.

“Health and safety is a fundamental requirement of a sustainable farming business yet over the last 10 years, almost one person a week is killed and many more are seriously injured as a result of agricultural work.

“Even with the considerable financial stain on UK farming, prioritising health and safety not only ensures workers are kept safe but also improves well-being and health outcomes alongside supporting productivity and efficiency on farms.”

This prosecution was brought by HSE enforcement lawyer Jonathan Bambro and supported by HSE paralegal officer Ellen Garbutt.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

• Livestock incidents were the number one cause of work-related death in British agriculture in 2022/23.
• Livestock or moving vehicles were responsible for seventy-seven fatalities in the last five years.
• The Health and Safety Executive (HSE) supports farmers to reduce injuries and save lives.

Incidents involving livestock were the number one cause of work-related deaths on British farms.

The finding has driven the Health and Safety Executive (HSE) to focus on the dangers of livestock as its Your Farm, Your Future campaign relaunches today, Monday 19 February 2024.

HSE statistics show being injured by an animal was the number one cause of work-related deaths on British farms in 2022/23, when there was a total of eight such deaths.

Agriculture remains one of the most dangerous of all the main industrial sectors across the country.

Last year’s campaign by HSE focused on transport safety, and today the organisation has relaunched the campaign with new advice on working with livestock, hosted on its Your Farm Your Future campaign website, to assist farmers and workers and keep them safe.

There are sensible measures that can be taken to keep animals and people apart but handlers should be in good health, agile and have the physical ability to do the work.

Together, livestock and farm vehicle incidents account for around a half of all work-related deaths on British farms in the past five years. A total of seventy-seven people lost their lives, with each death leaving a devastating legacy on families. Hundreds more are hurt in incidents involving moving vehicles and cattle on farms. Incidents involving moving vehicles remains the leading cause of death over the last five-year period.

Adrian Hodkinson, agriculture lead at HSE, said: “Working with cattle and using vehicles are two very common activities in farming, but they bring with them a high risk of being very badly hurt.

“This campaign is focused on work with livestock and aims to stress how important it is to take sensible measures to keep animals and people apart. At the same time we’ll be continuing to highlight the key things for safe use of farm vehicles in and around the yard and sheds, but also out in the fields when checking, feeding, moving and caring for your herd.”

“For example, ATVs (or farm quads) are commonly used on livestock farms. HSE has looked at the reported incidents and many show the user was doing something in relation to farming the animals at the time of the overturn or crash. That’s why we are looking at raising awareness of both cattle safety but also farm vehicle safety.

“Agriculture consistently has a high rate of fatal and serious injuries of all main industry sectors in Great Britain. Over the past five years, the average fatal incident rate is twenty-one times higher in agriculture than the average across all other industries. That is a shocking statistic and sadly the impact on every affected farm is huge. Sometimes I see the incident leads to farming work stopping all together, as the key person has life changing injuries and can no longer work”

“It’s time for us to make a change together to make our farms safer, and that’s why we’re asking farmers in England, Scotland and Wales to consider these areas of their daily farming activities and take the right actions to prevent another farming tragedy.”

To support farmers HSE has created new webpages and a checklist for working safely with livestock – aimed at those new to farming, and to serve as a reminder of what to consider for experienced farmers. The advice covers three areas:

• Operating a Safe Farm – Where possible keep people and cattle apart:
• Safe equipment
• The animal

Adrian Hodkinson added: “We understand the significant pressures faced by British farmers and want to support the farming community to show that safety on the farm doesn’t need to be difficult or expensive. There are simple steps you can take today to help keep you and everyone on your farm safe.

“Farmers and farm workers should take a moment to think about what would happen to their families and their farms if they were seriously injured and unable to work.

“When people on farms start their daily routine, they should follow our advice to help plan the job and complete it safely.”

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. Further details on the latest HSE news releases is available.
3. Further details about HSE statistics and the labour force survey is available.
4. Further advice, videos and free resources Work Right Agriculture – Work Right to keep Britain safe