A self-employed farm worker has appeared in court on health and safety charges after causing the death of a child while driving a tractor under the influence of alcohol.
Eleven-year-old Harry Whitlam was visiting the farm where his mother worked, as he often did. Parts of the petting farm were open to the public, while other sections were closed off and separated from the public by barriers.
The court heard that it was normal practice for the boy to be allowed in the working area of the farm but the workers would ensure that he was accompanied or he would remain in the public section.
On the day of the incident, a tractor within the closed off section of the farm was reversing up the yard to attach its vacuum trailer to the septic tank. Harry was walking towards a member of staff and was fatally struck by the tractor.
The driver of the tractor, Gary Green, was breathalysed following the incident by the police and was found to be 2.5 times over the alcohol limit for driving on a road.
He pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act (1974) and was sentenced to 16 months and two weeks in prison, with immediate effect.
“This is an extremely tragic case,” commented Health and Safety Inspector Julian Franklin. “Harry was a young boy whose life was cut short by the reckless behaviour of Gary Green. Drink driving legislation does not apply on private land but it does not mean you can blatantly disregard the health and safety of those around you when driving heavy and dangerous machinery.”
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