A County Durham waste management company has been fined after a young employee was run over by an excavator.

Farm XS (Northern) Limited, based in Barnard Castle, was sentenced after an incident on 29 January 2024 that left the 24-year-old with serious injuries.

The employee was only in his second week of employment at the Staindrop Road site when he was struck from behind by an excavator and run over. He suffered fractures to both feet.

An investigation by the Health and Safety Executive (HSE) found that the company had failed to ensure a safe system of work was in place. The 24-year-old was working on a waste pile near moving vehicles with no physical separation between them. There was no risk assessment or system of work to protect pedestrians from vehicle movements.

HSE guidance clearly states that pedestrians and vehicles should be segregated when waste is being manually sorted. By law, employers must ensure traffic routes can be used without risking the safety of workers nearby. Guidance is available at hse.gov.uk – Transport movements – HSE

The case against Farm XS (Northern) Limited, Shaw Bank, Staindrop Road, Barnard Castle, County Durham, DL12 8TD, was heard at Teesside Magistrates’ Court on Tuesday 5 August 2025. The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.It was fined £4,000 and ordered to pay £4,285 in costs.

After the hearing, HSE inspector Richard McMullen said:
“The outcome could have been much worse. But the failures that day meant a worker received serious injuries.

“This incident was easily avoidable by implementing control measures and safe practices to ensure that workers were not put at risk from moving vehicles, including clear segregation and safe refuges.

“This should be a reminder to the waste industry of the need to consider workplace transport risks and to introduce appropriate control measures to separate vehicles and pedestrians.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and paralegal officer Helen Jacob.

Further information:

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. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk
3. HSE news releases are available at: hse.gov.uk
4. Guidance for working safely with vehicles can be found at: Workplace transport – HSE

Ahead of Open Farm Sunday (Sunday 8 June) the Health and Safety Executive (HSE) is highlighting guidance available to farmers to help them keep people safe.

As we enter the summer months, an increasing number of working farms are taking the opportunity to hold open farm events and allow members of the public to visit their farms.

Open farm events can benefit both visitors and farmers alike, but it is crucial that farmers understand the health and safety measures they should take to keep visitors safe and well.

HSE inspector Wayne Owen said: “Open farm events provide a great opportunity for the public to learn more about farming, but it must be done safely.

“Farmers choosing to hold open farm events should make sure that they comply with health and safety legislation. It is extremely important that farmers understand the risks on their farm and ensure that visitors are protected from them.

“Farms should ensure that safety risks when offering activities like trailer rides are controlled. Our guidance can help: Carrying passengers on farm trailers AIS36. However, there are also health risks from contact with the animals that also need attention and must be controlled.

“The Access to Farms industry group has produced an Industry Code of Practice (ICOP) which is available to download free from their website. Farmers should read and follow the guidance so that visitors remain safe and well on their farms. The ICOP includes a useful checklist for farmers to use.”

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, immediately 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, immediately 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.

Further information:

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.
3. 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.

A Gloucestershire farmer has been fined after the shepherdess he employed was killed in a quad bike crash.

Laura Simmons, was working alone on 2^nd June 2023, spraying weed killer along fence lines, using the all-terrain vehicle (ATV) at a farm in Charlton Abbots near Cheltenham.

The overloaded quad bike overturned. The 22-year-old was found by a jogger several hours later.

Laura, described by her mother as “lively, caring and adventurous,” died from fatal spine injuries. An investigation by the Health and Safety Executive (HSE) found the ATV overturned due to an overloaded front rack, uneven tyre pressure, unstable load from lack of baffles in the spray tank and the potential for the spray lance to be used during movement.

Toby Baxter failed to provide suitable equipment, ensure pre-use checks were conducted, implement a system to fill the spray tank, formally train his employees and properly assess the risks.

Laura’s mother paid tribute to her daughter from Shetland, saying: “She was a lively person who loved animals, was very caring, was a hard worker, was plucky, intelligent, practical, adventurous and she had a beautiful smile.”

HSE guidelines emphasise that safety checks for ATVs must include checking tyre pressures, which are crucial for vehicle stability. Even a small 1 psi difference can cause dangerous control problems. Proper ATV operation requires appropriate training, suitable helmets, and careful route planning. The risk of overturn is significantly higher when carrying loads that destabilise the vehicle, especially on uneven terrain or slopes as these conditions require reduced loads and increased caution.

Guidance on safe use of all-terrain vehicles (ATVs) in agriculture and forestry can be found on HSE website.

Toby Baxter, of Chedworth pleaded guilty to breaching regulation 2(1) and 3(1) of the Health and Safety At Work Act 1974. He was fined £1,000 and ordered to pay £6161.72 costs at a hearing at Cheltenham Magistrates Court on 29^th April 2025.

After the hearing, HSE inspector Emily O’Neill said: “This was a tragic incident, and a much-loved young woman has lost her life. It could have easily been avoided with the right controls in place.

“We found several failures, so Mr Baxter’s previous suggestion that Laura was a victim of ‘unfortunate circumstances’ is, frankly, offensive.

“This prosecution highlights ongoing safety concerns in the agricultural sector, which remains one of Britain’s most dangerous industries for workers. Proper equipment, training and risk assessment are essential to protect workers.”

The prosecution was brought by HSE enforcement lawyer Arfaq Nabi and supported by paralegal officer Rebecca Foreman.

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.
5. Guidance on safe use of all-terrain vehicles (ATVs) in agriculture and forestry can be found here.

A Lancashire farm partnership has been fined £80,000 after a man with ‘a heart of gold’ died following an incident at a dairy farm in Hutton near Preston.

Joshua Hardman, who was just 23, suffered fatal head injuries as he helped to inflate a tractor tyre at the farm on 7 May 2021. The father of one from Longridge, was working as a farmhand at the farm run by W Hesketh and Sons.

At the time of the incident, Joshua had been helping one of the partners in the business, Bill Hesketh, re-seat and inflate a large tractor tyre. As Mr Hesketh inflated the inner tube within the tyre, it suddenly exploded and the catastrophic release of compressed air propelled the wheel rim into Joshua, causing traumatic head injuries. He was taken to hospital and underwent skull and brain surgeries, but he subsequently passed away on 11 June after a further deterioration in his condition.

• Tyre removal, replacement and inflation should only be tackled by competent staff and Health and Safety Executive (HSE) guidance is available.

In a statement, his family said: “Joshua was a very loving, caring, kind and gentle person. He had a heart of gold.

“He was also an amazing dad, and it is heart-breaking that he will never reach his full potential in that role.

“His five-year-old daughter will miss out on a great deal of love and affection and the role he would have played in her life.”

An investigation by the Health and Safety Executive (HSE) found that W Hesketh and Sons had failed to properly assess and plan this work activity. They also failed to identify and put in place the measures necessary to control the risks involved when inflating large commercial tyres.

The investigation also found that the risk of an explosion was much higher because the tyre, wheel rim and inner tube were all in a poorly maintained condition. A suitable and sufficient assessment had not been made to determine whether the damaged tyre, inner tube and wheel rim were suitable to be inflated safely.

W Hesketh and Sons, of Grange Lane, Hutton, Preston, pleaded guilty to breaching regulation 2(1) of the Health and Safety At Work Act 1974. They were fined £80,000 and ordered to pay £8,605 costs at a hearing at Preston Magistrates Court on 4 February 2025.

After the hearing, HSE inspector Anthony Banks said: “This was a tragic incident, and a much-loved young man has lost his life. It could have easily been avoided with the right controls in place.

“HSE would like to make all employers aware that, before they undertake the inflation of large commercial tyres, they need to have correctly assessed the risk and have in place the suitable controls for the task.”

The prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and supported by paralegal officer Rebecca Foreman.

Further information:

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.
5. HSE guidance on working safely with tyres is available.

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.