Scotland’s largest equine sanctuary has been fined £6,000 after a volunteer worker’s thumb and finger were partially amputated in an accident with an unguarded circular bench saw.
Forfar Sheriff Court heard the injury to 26-year-old Mark Findlater happened just a week after a safety expert failed to turn up for a scheduled survey at Mountains Animal Sanctuary in Glen Ogil which a sheriff said he was confident would have led to an “immediate prohibition notice” on the machine.
Mr Findlater, who was back volunteering with the charity just weeks after the accident, lost part of his left thumb and index finger when a piece of wood he was sawing kicked up, forcing his hand towards the spinning blade which had neither a top guard or riving knife.
On Tuesday, the Mountains Animal Sanctuary Trust admitted breaching the Health and Safety at Work Act in relation to the period between August 1 2012 and February 20 last year, when Mr Findlater’s accident happened.
The trust now administers the sanctuary founded by the late Alan Fraser in Kent more than 30 years ago and operated by him until his death in late 2010.
It admitted having no risk assessments in place and failing to give formal instruction or safety training to those who used the bench saw, including volunteers.
The trust’s legal counsel yesterday told the court the charity “tendered an unqualified public apology” to Mr Findlater.
“The charity had recognised the need for a more active health and safety regime and it wouldn’t have happened if the external consultant engaged to assess outbuildings and machinery had not failed to attend the previous week,” counsel told the court.
Another expert was subsequently called in and all remedial measures were dealt with, quickly and at significant cost, the court heard.
Fining the trust, Sheriff Kevin Veal said: “The level of penalty imposed by the court today will not affect the civil compensation to which Mr Findlater is entitled.
“For any person, the loss of part of a thumb and part of a finger cannot be regarded as anything other than serious.
“It seems this piece of equipment, which the charity trustees inherited from their benefactor, was seriously defective.
“This case is yet another sad reminder that the obligations imposed in terms of the Health and Safety at Work legislation must be taken seriously.
“The failure to act appropriately has the potential for serious and lifelong injury, the injuries in this case very properly having been libelled as severe.”
Sheriff Veal discounted the fine from £9,000 in light of mitigating circumstances including the early plea, safety measures taken and the fact it was a summary conviction.
Gary Aitken, head of the Crown Office’s health and safety division, said: “Prosecutors will take robust action against those who ignore their health and safety responsibilities.”