The Buccleuch Estates Limited has been fined for health and safety failings after a worker died during tree felling operations at Bogrie Wood near Drumlanrig Castle in Dumfries.

Ross Findlay, aged 49, who had learning difficulties, died after being struck in the head and body by a 36 metre tall tree which had been uprooted and knocked over by another tree being felled as he was acting as a signalman between two other workers also involved in the tree felling operation.

The Buccleuch Estates Limited was prosecuted yesterday (18 December) after an investigation by the Health and Safety Executive (HSE) found that the estate failed to conduct a suitable and sufficient risk assessment, implement a safe system of work or provide adequate information, instruction, training and supervision for employees who were engaged in the tree felling task.

Dumfries Sheriff Court was told that between 5 and 11 January 2011 Mr Findlay and two colleagues were working felling Spruce and Larch trees ranging between 26 and 36 metres in height at Bogrie Wood.

Mr Findlay was acting as a signalman between his two colleagues, one of whom was cutting the trees with a chainsaw and the other who was pulling the felled trees into the crop using a tractor winch. This involved Mr Findlay standing in a position where he could see both the other men and could in turn be seen by them both.

Mr Findlay’s role was to act as signalman between his two co-workers. He should have been positioned at least two tree lengths away from the tree being felled, however, as a result of his learning difficulties he at times did not appreciate distances and was well within the ‘two tree’ exclusion zone when he was struck and killed.

The HSE investigation concluded The Buccleuch Estates Limited failed to properly assess the risks to employees while undertaking felling operations; failed to provide safe and suitable equipment, failed to maintain a safe system of work and failed to provide sufficient training and supervision to enable them to undertake chainsaw and felling work.

Although in principle the work was supposed to adhere to the ‘two tree’ rule – whereby all people and machinery involved in the felling operation would be outside an exclusion zone equalling the length and span of two trees – the winch cable was only 40 metres long, far too short for felling trees of between 26 and 36 metres.

The Buccleuch Estates Limited of Weatherhouse, Bowhill, Selkirk, was fined £140,000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

Following the case, HSE inspector Aileen Jardine, said: "This was an entirely avoidable incident and the failures by The Buccleuch Estate directly resulted in Mr Findlay’s tragic death.

"A system of waves and nods is not a safe way to manage the felling of large, heavy trees and put all three workers at unnecessary risk.

"This informal and unsafe way of working had been in place unchallenged and not updated for over 15 years with the Estate making no efforts to follow industry safety guidelines or to even accurately assess the risks its workers faced.

"As a result a vulnerable man has been killed."

Votes: 0
E-mail me when people leave their comments –

You need to be a member of Landscape Juice Network to add comments!

Join Landscape Juice Network

Open forum activity

Adam Woods replied to Raymond the Terrible's discussion Best power tools for serious hedge restoration?
"Another vote for the GTA26, that said there is a new version out, the GTA40 (ooh, I'm tempted, but it would be a complete luxury). You've got to cost in time for sharpening the chains... or treat them as disposable items, and again cost them in.
I…"
1 hour ago
Peter sellers replied to Raymond the Terrible's discussion Best power tools for serious hedge restoration?
"Can't help with battery but we have 4 Echo HCAS236ES-L semi long hedgecutters that will cut stuff larger diameter than a fat finger, are totally reliable and bombproof . Have used on many reductions buy one you will not be unhappy !!"
2 hours ago
Billybop replied to Sam Bainbridge's discussion Niwaki secateurs
"Secateurs are a bit like torches, can spend just a few pounds on something that on the face of it does pretty much the same thing as one costing 100's, once you've had a really good one it's hard to drop back to the cheaper option. Amazon has been…"
20 hours ago
Sam Bainbridge replied to Sam Bainbridge's discussion Niwaki secateurs
"For you that loses everything your right not buying high end. 
On there side needing new ones every year you would be better off buying a good quality pair which would end up cheaper (if you didn't lose them 😂)"
yesterday
Raymond the Terrible replied to Raymond the Terrible's discussion Best power tools for serious hedge restoration?
"Thanks James, sounds like it's a good idea to have a range of tools for this kind of job. I will definitely get a good pole saw (considering the Milwaukee one, as I've heard good reviews) and I'll take a look at those secateurs- anything that makes…"
yesterday
Raymond the Terrible replied to Raymond the Terrible's discussion Best power tools for serious hedge restoration?
"Thank you for your reply John. Good to know it's not just me! I have been considering getting a small pruner like the Stihl one you suggest, so I will look into that. Good point with the silky, I have been thinking about getting one of those…"
yesterday
James replied to Raymond the Terrible's discussion Best power tools for serious hedge restoration?
"Good advice from John above.
Tools I would use are a pole saw, long reach trimmer, stihl 82/hsa140r trimmer, and as John mentions gta26/gta40 but also the stihl ASA20 cordless secateurs. The secateurs are great for the in-between material and leave…"
yesterday
Honey Badger replied to Sam Bainbridge's discussion Niwaki secateurs
"And obviously the cost of those £50 bottles of wine will be covered by the business as an entertainment or customer gift expense. 😂"
yesterday
Greenlawns replied to Sam Bainbridge's discussion Niwaki secateurs
"Maybe I'm careless . But ive lost so many pairs of secateurs,  i only use cheap ones . I've got a few pairs in the van ,  they last about a year . "
Saturday
John F replied to Sam Bainbridge's discussion Niwaki secateurs
"Yes not uncommon in my experience either some just don't need a car as a status symbol to display their wealth which is possibly why they can afford to hire a gardener and pay on time ."
Saturday
John F replied to Raymond the Terrible's discussion Best power tools for serious hedge restoration?
"Raymond over the years I have come unstuck accepting these types of jobs so I would always direct the customer towards a tree surgeon it's not just the reduction it's dealing with all the brash afterwards which consumes time unless you have an…"
Saturday
Raymond the Terrible posted a discussion
Hello,This year I've taken on a couple of heavy duty privet hedge restoration jobs and have been frustrated with the inefficiency of the tools I have to do the job and am looking to invest in some good kit. My budget was very limited when first…
Saturday
Sam Bainbridge replied to Sam Bainbridge's discussion Niwaki secateurs
"Absolutely true my wealthiest customer drives a 2007 VW owns a huge company but on the other hand drinks wine at £50 per bottle so some wisdom but I feel the excessive spending on other items outways the car 😂😂."
Saturday
Honey Badger replied to Tim Bucknall's discussion Stihl blowers failing
"Try a cheap, Chinese charb copy for £20, they do work. Takes a bit of fiddling with though."
Friday
Honey Badger replied to Sam Bainbridge's discussion Niwaki secateurs
"I have two pairs of okatsune secateurs, one for every thing the other for pruning. Japanese steal is the best. 
Would I drop £300 on a pair of secateurs, no.
I'd rather invest in a machine that is far more profitable to use. Like a hedge cutter or a…"
Friday
John F replied to Sam Bainbridge's discussion Niwaki secateurs
"It's like that old analogy do you pay £100 for one pair of shoes or buy ten pairs for £100 .
I tend to compromise and pay £20 for Five pairs .
I am a bit sentimental when it comes to tools and tend to look after them enjoying the fact they have…"
Friday
More…

Niwaki secateurs

Keep contemplating buying a pair of hiryu secateurs from niwaki wondered if anyone has any and if so what their thoughts are?I've got SR1, tobiso topiary clippers and okatsune shears so I know they are all good but I wondered if the hiryu are worth…

Read more…
12 Replies · Reply by Billybop 20 hours ago
Views: 303

Making tax digital

Thought there might be some unaware of this. So briefly and I am not an accountant . As from 6th April 26 anyone who has income from self employment, rent from property etc or a combination that equates to a turnover of 50k or more (not profit) will…

Read more…
26 Replies · Reply by Sam Bainbridge Dec 10
Views: 930