A tree surgeon in Northern Ireland has been fined £27,500 for a health and safety breach arising from the death of an employee.
Rodney Shirley died during hedgerow cutting operations at a house near Hillsborough on September 30, 2021.
Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), and after pleading guilty at Laganside Crown Court, his employer Chris Auld of Chris Auld Tree Services was fined yesterday (Thursday, April 3).
Tree surgeon
The case arose following the death of the 36-year-old Rodney Shirley, who was electrocuted as he was trimming a hedgerow.
The court heard that Chris Auld Tree Services was engaged by the property owner to trim the hedge along the edge of the garden.
An 11kV electricity transmission power line was located immediately above the hedgerow.
Shirley was fatally electrocuted while he worked from a raised mobile working platform located underneath the powerline.
Prosecutors in the Public Prosecution Service worked closely with the HSENI and the Police Service for Northern Ireland (PSNI) to build a robust prosecution case.
The investigation identified that a mobile elevated working platform was used to gain access to the upper areas of the large hedgerow. Extendable hedge trimmers were then used to trim the hedge.
The investigation established that 41-year-old Chris Auld, of Mill Hill Lane, Moira, failed to conduct a suitable and sufficient risk assessment for the work taking place on the date of the incident.
The HSENI said that a suitable and sufficient risk assessment would have identified the need to request a power outage on the overhead power lines.
It was established that Auld was aware of the location of the power lines, having previously cut the hedgerow before in 2015, and having assessed the job requirements in August 2021 prior to the work in September.
The tree surgeon previously gave HSENI a commitment to request a power outage from Northern Ireland Electricity (NIE) before commencing works near power lines. However, an outage was not sought on this occasion.
Investigations found that adequate training was not provided to his employees in relation to safe working practices whilst working within an elevated working platform in close proximity to overhead power lines.
It was also established that Auld did not ensure adequate supervision of the work operations.
HSENI
Speaking after the hearing, Kevin Campbell, an inspector in the HSENI major investigation team, said that “this tragic incident resulted in a family man losing his life”.
“It is vital that all tree surgeons and arboriculturists properly identify the location of overhead power lines before starting any work.
“Where it is not possible to avoid working close to energised power lines, robust systems must be put in place to minimise and control the risks.
“The network operator should be contacted, as part of the control measures, to request an outage before work commences.
“Safe systems of work need to be implemented, communicated to the workforce, supervised and maintained,” he said.
