Kamil Grygieniec, 23, from Northallerton, was cutting grass around a village pond in North Stainley on 8th October 2021 when the ride-on mower he was operating descended a steep incline and ended up in it. The mower was being used without a safety-critical roll-over protection system (ROPS) fitted.
An investigation by the HSE found that MHS Countryside Management Limited had failed to carry out a suitable and sufficient site-specific risk assessment for the work being undertaken.
The investigation also established that the mower’s roll-over protection system (ROPS) had been removed at some point prior to the work taking place. ROPS are designed to protect operators in the event of a machine overturning and are a critical safety feature when working on uneven or sloping ground.
Suitable risk assessment is essential when operating ride-on machinery, particularly while doing so on slopes or near water. Employers must ensure equipment is appropriate for the terrain and fitted with necessary safety features to protect operators.
MHS Countryside Management Limited, of Bishop Auckland, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £27,000 and ordered to pay £11,166 in costs.
Kamil’s mother and father said, “The pain I feel every day since that tragedy is unimaginable, I do not wish that on anybody. That day I lost part of me. I will never be able to hug him, tell him how much I love him. I will never receive flowers from him, will never meet him wife or his children. Kamil was my physical and mental support. That day was his last day at that workplace and it happened to be the last day of his short life. I don’t know what life holds for the future for me, but what I am certain of is it will not be as full or as happy now that Kamil has gone from our lives. What makes it even worse, I believe his death could have been prevented and should never have happened.”
After the hearing, HSE Inspector Darian Dundas said, “This is a profoundly tragic case which is made all the more harrowing because the safety feature designed to prevent incidents like this had been removed from the lawnmower – leading to the fatal turn of events which has robbed a family of their loved one. The completion of a suitable and sufficient site-specific risk assessment is vital before undertaking work activities and ensures appropriate action can be taken to eliminate hazards or, where this is not possible, to properly control the risks. In this case, the failure to assess the risks and ensure suitable safety measures were in place resulted in a tragic and entirely avoidable loss of life.”
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