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Tree firm's £1.7k fine after fall

03-09-2014

An out-of-work actor saw the curtain come down on his new career as a tree surgeon when he plunged 23 feet from a conifer. Daniel Borchard, from London, was working on parkland at Conniburrow last year when he cut through his safety rope with a chainsaw. He fell to the ground dislocating his elbow and fracturing his right arm. As a result, the Health and Safety Executive pursued a successful prosecution against Mr Borchard's employer Patrick Malloy. Mr Malloy pleaded guilty to a breach of height regulations at Milton Keynes Magistrates Court on Friday and was fined £1,700. The court heard how Mr Malloy gave the unemployed actor a job with his firm – AA Tree Surgery. Mr Borchard claims he told his new employer that he wasn't trained, but Mr Malloy was adamant that he only discovered afterwards that his new employee wasn't certified. Mr Borchard turned up for work on July 5, along with a colleague, before his boss was at the site. He started work straight away and two hours later he cut through his rope. Health and Safety Inspector Matthew Lee told the court that the work in the park required different equipment. He said: "There should have been two ropes or, alternatively, the single rope should have had metal running through the middle of it to make it safe." He added afterwards: "The court obviously thought it was a serious offence. Working at height is very dangerous and I think the considerable fine reflected this." In mitigation, the court heard how Mr Malloy has no other discrepancies on his health and safety record. The defence claimed that Mr Borchard had given the impression that he was experienced in tree surgery and had worked for a competitor in previous months. In addition to the £1,700 fine, Mr Malloy was ordered to pay £350 in costs.

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