A garden landscaper has been handed a suspended prison sentence after a worker was killed by a circular saw.
The "dangerous machine" kicked back against the 31-year-old’s groin at a house on Harewood, Rickmansworth, on August 11, 2021.
The labourer had been working for Watford-based gardener Fernando Araujo for just two days and was helping the 54-year-old install railway sleepers along the edge of the front garden driveway.
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He had been using an angle grinder fitted with a toothed circular saw blade to cut the wooden sleepers.
Araujo, of Croxley View, Watford, admitted breaching health and safety and work equipment regulations.
St Albans Magistrates’ Court gave him a six-month prison sentence, suspended for two years, on Tuesday (January 9). He must also complete 200 hours of unpaid work and pay £3,467.72 in costs.
District Judge Margaret Dodd said: “Whatever sentence I pass will not compensate his family for their loss.
“Nothing can compensate the family for their loss, and the sentence in no way indicates the value of a life.”
Prosecuting, Health and Safety Executive (HSE) enforcement lawyer Jon Mack told St Albans Magistrates’ Court that the use of a toothed saw blade on an angle grinder made it "a dangerous machine". The guard had also been removed from the grinder as the circular saw blade fitted was larger than the original grinder disc.
In addition, the sleeper had been placed in a skip and was not secured whilst being cut. While cutting the sleeper, the tool kicked back under power into the worker’s groin causing him a fatal laceration, the HSE explained.
Its investigation found that Araujo failed to ensure that work equipment was suitably used. Changing from the use of an abrasive wheel through the fitting of a circular saw blade meant “a dangerous machine” was created.
HSE inspector Jenny Morris said: “This tragic incident led to the avoidable, horrific death of a young man.
"It could easily have been prevented if the correct equipment was selected so that the wooden sleepers could have been cut safely.
“Power tools should be used safely and only for the purpose for which they have been designed.”
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