Employer fined following the death of an employee in 2021

Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), and after pleading guilty at Laganside Crown Court, Chris Auld of Chris Auld Tree Services was fined £27,500 today for failing to ensure the safety of his employee Rodney Shirley who died during hedgerow cutting operations near Hillsborough on 30 September 2021.

The case arose following the death of the 36-year-old employee, Rodney Shirley, who was electrocuted as he was trimming a hedgerow at a residential property near Hillsborough. Chris Auld Tree Services was engaged by the property owner to trim the hedgerow along the edge of the garden.

An 11kV electricity transmission power line was located immediately above the hedgerow. Rodney Shirley was fatally electrocuted while he worked from a raised mobile working platform located underneath the powerline.

Speaking after the hearing, Kevin Campbell an Inspector within HSENI’s Major Investigation Team said: “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.”

Prosecutors in the Public Prosecution Service’s Fraud & Departmental Section worked closely with the Health and Safety Executive for Northern Ireland and the Police Service for Northern Ireland 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. 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 Chris 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. It also established that Chris Auld had previously gave HSENI a commitment to request a power outage from 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 Chris Auld did not ensure adequate supervision of the work operations.

Guidance on avoiding danger from overhead power lines can be accessed one the HSE website at:

• Avoiding danger from overhead power lines - (hse.gov.uk)

Notes to editors: 

1. Breaches and fines for Chris Auld are as follows:
   a) Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £27,500.
2. For media enquiries please contact: HSENI Press Office on 028 9024 3249 or email media@hseni.gov.uk. For out of office hours please contact the Duty Press Officer on 028 9037 8110.

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