Hartley Wintney man Chris Kunesch pleads guilty to two breaches of health and safety regulations

THE owner of a tree surgery firm in Hartley Wintney has been fined after an 18-year-old trainee severed his thumb on a log splitter.

Chris Kunesch, director of Cedardale, appeared at Andover Magistrates’ Court today after pleading guilty to two counts of breaching health and safety regulations. He was fined £4,000 and ordered to pay £2,000.

Rory Stamper, 18, from Church Crookham, lost the tip of his right thumb from the base of his nail in the incident on September 14 last year.

The court heard he had been using a vertical log splitter at the firm’s address in Totters Lane when he was distracted and inadvertently stepped on a foot pedal that lowered a splitting blade.

The machine required operators to hold logs in place with their hands, so as the blade lowered it caught and sliced through his thumb. The court heard that Mr Stamper, a trainee tree surgeon, had to take four weeks off week and still suffers pain and difficulty in performing tasks like fastening buttons and writing.

An investigation by the Health and Safety Executive (HSE) found that the splitter failed to comply with the latest safety standards which would have seen the logs held in place without human intervention and the controls better configured. It also found there was no written risk assessment for the machine.

Mr Kunesch was fined £4,000 and ordered to pay £2,000 in costs.

After the hearing, HSE Inspector Michael Baxter said: “This prosecution highlights two key issues. The first is the importance of carrying out suitable and sufficient risk assessments where there is a risk from moving parts, and ensuring that all employees are aware of the dangers.

“The second is to ensure that as equipment gets older it is properly maintained and complies with the latest safety standards, or is replaced.

“Chris Kunesch failed in both these regards in his capacity as a business owner, and Rory suffered a painful and completely avoidable injury as a result.”

Comments(7)

clairedenise says...
10:09pm Mon 23 Jul 12

I have worked with mr Kunesch for 10 years, i have always found his safety for staff members his upmost priorty. If Rory cannot do up buttons and finds writing a problem why is he still employed in full time tree work. Surely his injury would impair the operation of chainsaws etc........

Folkestone Saint says...
1:37pm Tue 24 Jul 12

From the information given it would appear both parties responsible, it is also why I as a kitchen fitter would not take on a trainee, far to many risk's from injury and to me keeping my home if an accident (as this is) happens

Mr_Kipling says...
5:24pm Tue 24 Jul 12

@folkestone saint

Thumbs up to that!

robertspet8 says...
3:39pm Thu 26 Jul 12

clairedenise wrote:
I have worked with mr Kunesch for 10 years, i have always found his safety for staff members his upmost priorty. If Rory cannot do up buttons and finds writing a problem why is he still employed in full time tree work. Surely his injury would impair the operation of chainsaws etc........
I admire you for giving your employer a character reference but he did plead guilty.
However, I find your comment about Rory less than sympathetic!
Rory has lost the tip of his thumb which will not impair his abiltiy to use a chain saw or most other heavy machinery. However it will impair his ability to do things like doing up buttons and writing which require a great deal of dexterity. He is young so I am sure he will eventually find a way to overcome these problems.

open247 says...
8:48pm Sat 28 Jul 12

the end is nigh ck

RoryStamper says...
9:57pm Tue 31 Jul 12

As others have pointed out, i am able to use a chainsaw and other machinery properly as A: they do not specifically require that the thumb is used rather than other fingers and B: Thank you Robertspet8 for pointing out that it is the dexterity that is required for buttons and writting, i recently bought a suit for my mothers wedding next month and i found that i cannot do up the top button because i dont have the dexterity in my thumb to be able to do it, as well finding it hard to open the boot of my car because the bone is so close to the surface now, it can be painful to put too much pressure on it, im 19 now, the accident happened 9 months ago and as you also pointed out, i am getting used to it and finding ways to adapt. however, this is now something i have to live with for the rest of my life which could have been avoided if the machinery was maintained to safety standards. yes, i do recognise that i cannot solely blame Mr Kunesch as i did become distracted.

RoryStamper says...
10:00pm Tue 31 Jul 12

i also feel that i should clarify what the report has stated that i do not in fact live in church crookham :)

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