York Council fined over lawnmower death

Prosecutions and Claims |
15.04.2008

City of York Council has been fined over the death of a 54-year-old gardener who was fatally crushed when the lawnmower he was driving rolled over.

Council worker Frank Smith was killed on 19 May 2005 when the ride-on mower overturned on the wet slope of the riverbank at Water End in Clifton, York.

The mower slid down an embankment and hit a wall before flipping over and crushing Smith.

York Crown Court heard that the council had failed to assess the suitability of using the mower on the bank, and that the slope was outside the safe range specified by the manufacturer.

The mower had no roll-over protection or seatbelt.

City of York Council admitted failing to ensure the safety of employees in breach of Section 2(1) of the Health and Safety at Work Act and was fined £20,000 with £20,423 costs.

HSE principal inspector Keith King described the incident as "entirely avoidable".