17 November 2021

Tree surgeon fined £10,000 after employee, 16, injured in chainsaw accident

17 November 2021

A tree surgeon has been fined £10,000 after his 16-year-old employee suffered a life-changing injury in a chainsaw accident.

The teenager has been left struggling to use his right hand after a chainsaw cut deep into it more than three years ago, and has endured several operations.

The 16-year-old was working with his employer, Dominic Di Pasquale, cutting down trees at a home in the Pollokshields West area of Glasgow when the accident happened on March 19, 2018.

Di Pasquale, a sole trader from Motherwell, was felling trees with a chainsaw and his employee was picking up the branches, however one of the branches he picked up had not yet been cut.

If he had received basic training, this accident could well have been prevented

As the tree surgeon continued to cut it the chainsaw jammed, pulling the branch and the teenager’s arm towards it, and the power tool cut deep into his right hand along his knuckles from index finger to little finger.

Di Pasquale, 41, pleaded guilty to health and safety at work failings at Glasgow Sheriff Court on Wednesday and was fined £10,000, the Crown Office said.

Prosecutors said that the teenager was not given any training when he started working with Di Pasquale, and that there was not a suitable system of work in place to make sure that employees stayed a safe distance from each other.

Alistair Duncan, head of the Health and Safety Investigation Unit, said: “This young man was left with a painful injury that has affected his dexterity and mental health, and had a life-changing impact.

“If he had received basic training, this accident could well have been prevented.

“Dominic Di Pasquale put his employee at unacceptable risk and this prosecution should remind other employers they will be held accountable for their failures.”

Following the accident, Di Pasquale took the teenager to hospital, where the boy underwent surgery on his hand.

He has since had three more operations to try to restore the use of his hand and has spent much of the last three years in casts.

The injury has left the teenager struggling to tie his shoelaces and he cannot use a keyboard, while he has been advised to use an adapted steering wheel for driving.

The Crown Office said that Di Pasquale pleaded guilty to failings under the Health and Safety at Work etc. Act 1974.

Speaking after the court hearing finished, Di Pasquale said: “It’s an unfortunate situation and the accident happened.

“I’ve already said all my apologies to everyone involved.”

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