Council fined after Christmas tree worker's fall

A yellow scissor lift lies on the ground, next to a wrapped large Christmas tree.Image source, HSE
Image caption,

The council admitted breaching health and safety legislation

  • Published

A council workman tasked with erecting a Christmas tree in a town's market was badly hurt when the platform he was using toppled over with him inside, a court has heard.

James Lyth, 32, was using a scissor lift to straighten the 20ft (6m) high tree in Bury, Greater Manchester, on 21 November 2022.

Bury Metropolitan Borough Council, which admitted breaching health and safety laws, was fined £200,000 at Manchester Magistrates' Court on Wednesday.

Health and Safety Executive (HSE) inspector Leanne Ratcliffe said: "It is important for industry to understand the importance of a risk assessment and training when using elevated platforms."

The court heard the tree was being installed by a council subcontractor at Bury Market in time for the town's annual festivities.

Mr Lyth suffered concussion and severe injuries to the right-hand side of his body, including bruised ribs, when the platform fell.

He needed an operation on his leg and was left using a wheelchair and crutches after also sustaining a large cut to his leg.

The accident kept Mr Lyth off work for two months and he was subsequently only initially able to return on restricted hours and duties.

'Very serious incident'

The subsequent HSE investigation found the council had failed to provide Mr Lyth with any training in the safe operation of the scissor lift.

It also failed to carry out a sufficient risk assessment.

The HSE said such preparatory work would have identified the dangers involved, as well as the need to ensure appropriate training.

The council admitted breaching Section 2(1) of the Health and Safety at Work Act 1974.

Ms Ratcliffe said: "This was a very serious incident.

"Access to these platforms should be limited to those trained and anyone who isn't trained shouldn't be allowed to use them.

"If this sort of work is not planned and controlled to a high degree, then there is a very high likelihood of a potentially fatal fall, or one resulting in very serious injury."

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