On January 9th, 2024, a tragic incident led to the sentencing of Mr. Fernando Araujo, a garden landscaper, following the death of a worker during a landscaping project in Rickmansworth, Hertfordshire. The victim, a 31-year-old labourer who had only been working for Mr. Araujo for two days, suffered a fatal injury when a circular saw attached to an angle grinder unexpectedly kicked back, causing a severe laceration.
The incident occurred while the workers were installing railway sleepers at a residential property. According to Health and Safety Executive (HSE) enforcement lawyer Jon Mack, the use of a toothed circular saw blade on the angle grinder rendered the equipment unsafe. Furthermore, the grinder’s safety guard had been removed to accommodate the larger blade, and the sleeper being cut was not properly secured, exacerbating the risk.
During the sentencing at St Albans Magistrates’ Court, District Judge Margaret Dodd acknowledged the irreplaceable loss suffered by the victim’s family, emphasizing that no sentence could adequately reflect the value of a life lost. Mr. Fernando Araujo pleaded guilty to breaching Regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998 and Section 33(1)(C) of the Health and Safety at Work etc. Act 1974. As a result, he received a suspended six-month prison sentence, was mandated to perform 200 hours of unpaid work, and ordered to pay £3,467.72 in costs.
Reflecting on the incident, HSE inspector Jenny Morris condemned the avoidable nature of the worker’s death, attributing it to the improper selection and use of equipment. Morris stressed that adherence to safety protocols could have prevented the tragedy. The prosecution, led by HSE enforcement lawyer Jon Mack and supported by paralegal officer Sarah Thomas, aimed to underscore the critical importance of workplace safety and proper equipment use.
The Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety, emphasized the significance of strict adherence to regulations such as the Provision and Use of Work Equipment Regulations 1998 (PUWER). These regulations are designed to prevent work-related injuries and fatalities through rigorous safety standards and equipment suitability guidelines.
Conclusion:
The sentencing of Mr. Fernando Araujo serves as a poignant reminder of the devastating consequences of safety negligence in the workplace. It underscores the responsibility of employers to ensure the safety of their workers by adhering to established regulations and providing adequate training and supervision.
