A contracts worker from Dorset has been fined following a tragic workplace injuries accident in which a forestry worker was left paralysed from the waist down. The incident occurred during an ash dieback clearance programme at The Fonthill Estate in Salisbury, Wiltshire, on January 12, 2022.
The 61-year-old forestry worker, who was 58 at the time, sustained life-changing workplace injuries when a 21-metre ash tree fell on top of him. The accident left him paralysed from the stomach down. The injured worker, hailing from Frome in Somerset, suffered eight broken ribs, a broken pelvis, two broken ankles, a collapsed lung, and internal bleeding. He was placed in an induced coma for two weeks and subsequently spent four months in hospital as part of his recovery.
The contractor responsible for the tree felling, Gerald Hayward, trading as G H Hayward Forestry Contractors, was in charge of the operation at the time. He had been making a back cut to the tree, which caused it to fall in an unintended direction, striking the worker who was positioned on a nearby bridle path. Mr Hayward’s failure to establish a safe working zone around the tree was a significant factor in the incident.
An investigation conducted by the Health and Safety Executive (HSE) determined that the proper safety protocols had not been followed. Standard procedures for tree felling typically involve creating a safe working zone around the tree, which should be twice the size of the tree itself. Only the felling operator should be allowed within this zone. However, the investigation found that the zone had not been established, and the tree fell in an unintended direction due to a cut that failed to leave a functioning hinge.
Gerald Hayward, of Blandford Forum, Dorset, was charged with breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He pleaded guilty to the charge and was fined £1,000, in addition to being ordered to pay £1,000 in costs at Salisbury Magistrates’ Court on October 15, 2024.
HSE inspector James Hole commented on the gravity of the incident, stating: “This was a serious incident that has led to an individual sustaining life-changing injuries meaning he is now unable to work and requires lifelong care. Mr Hayward failed to create a safe working zone around the tree while it was being cut down, this is a standard working practice for tree felling in woodland. He failed to implement the correct control measures and a safe system of work. Had Mr Hayward done this then this incident would have been prevented and the individual would not be paralysed and facing the rest of his life without the use of his legs.”
The Workers Union says…
“The prosecution was brought forward by HSE enforcement lawyer Gemma Zakrzewski and supported by HSE paralegal officer Gabrielle O’Sullivan. The case highlights the importance of following health and safety protocols to prevent accidents in hazardous work environments such as forestry operations.”
