By Andrew Topping, Local Democracy Reporter
A Colwick business was forced to pay more than £23,200 after a customer suffered “significant injuries” while testing a product in its store.
P S Marsden Lawnmower Services, at Private Road 8 in the Colwick Industrial Estate, was prosecuted by Gedling Borough Council earlier this month after the incident in December last year.
It involved a customer visiting the business for a demonstration of a ‘Predator 360′ stump grinder he was considering buying.
Council papers state there was “some difficulty” in starting the machine, leading to three members of staff and the customer standing around it.
Once the machine eventually started working, the customer’s trouser leg became sucked into the cutting blade causing “severe lacerations to his left leg below and above the knee”.
The council says it caused significant muscle damage, extensive blood loss and “excruciating pain”, with the customer still feeling “residual issues today”.
It led to the council’s environmental health officers investigating the business and finding a number of breaches of health and safety legislation.
Council officers were “satisfied that there was no safe system of work in place for demonstrating machinery at the premises”.
The authority approved a prosecution case in January this year, which was heard at Nottingham Magistrates’ Court on October 10.
Following the case, the business was fined £20,000 for not meeting the requirements of Section 3 of the Health and Safety at Work Act etc. 1974.
This reads: “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not exposed to risks to their health and safety.”
The business was also ordered to pay the council slightly more than £3,200 in prosecution costs.
The case will be discussed by the authority’s environment and licensing committee on Tuesday, November 1.
In a report published ahead of the meeting, the council said: “Environmental health officers investigated and identified a number of breaches of health and safety legislation at the premises, which lead to/contributed to the incident.
“They were satisfied that there was no safe system of work in place for demonstrating machinery at the premises.”
It added: “Shortly after the incident, the company took the necessary action to rectify breaches identified.
“They also co-operated with the investigation of the offences.”
P S Marsden Lawnmower Services did not respond to a request for comment.
A spokesperson for the Health and Safety Executive (HSE) confirmed it has had no involvement in prosecuting or investigating the incident.
