The Buccleuch Estates Limited has been fined for health and safety failings after a worker died during tree felling operations at Bogrie Wood near Drumlanrig Castle in Dumfries.

Ross Findlay, aged 49, who had learning difficulties, died after being struck in the head and body by a 36 metre tall tree which had been uprooted and knocked over by another tree being felled as he was acting as a signalman between two other workers also involved in the tree felling operation.

The Buccleuch Estates Limited was prosecuted yesterday (18 December) after an investigation by the Health and Safety Executive (HSE) found that the estate failed to conduct a suitable and sufficient risk assessment, implement a safe system of work or provide adequate information, instruction, training and supervision for employees who were engaged in the tree felling task.

Dumfries Sheriff Court was told that between 5 and 11 January 2011 Mr Findlay and two colleagues were working felling Spruce and Larch trees ranging between 26 and 36 metres in height at Bogrie Wood.

Mr Findlay was acting as a signalman between his two colleagues, one of whom was cutting the trees with a chainsaw and the other who was pulling the felled trees into the crop using a tractor winch. This involved Mr Findlay standing in a position where he could see both the other men and could in turn be seen by them both.

Mr Findlay’s role was to act as signalman between his two co-workers. He should have been positioned at least two tree lengths away from the tree being felled, however, as a result of his learning difficulties he at times did not appreciate distances and was well within the ‘two tree’ exclusion zone when he was struck and killed.

The HSE investigation concluded The Buccleuch Estates Limited failed to properly assess the risks to employees while undertaking felling operations; failed to provide safe and suitable equipment, failed to maintain a safe system of work and failed to provide sufficient training and supervision to enable them to undertake chainsaw and felling work.

Although in principle the work was supposed to adhere to the ‘two tree’ rule – whereby all people and machinery involved in the felling operation would be outside an exclusion zone equalling the length and span of two trees – the winch cable was only 40 metres long, far too short for felling trees of between 26 and 36 metres.

The Buccleuch Estates Limited of Weatherhouse, Bowhill, Selkirk, was fined £140,000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

Following the case, HSE inspector Aileen Jardine, said: "This was an entirely avoidable incident and the failures by The Buccleuch Estate directly resulted in Mr Findlay’s tragic death.

"A system of waves and nods is not a safe way to manage the felling of large, heavy trees and put all three workers at unnecessary risk.

"This informal and unsafe way of working had been in place unchallenged and not updated for over 15 years with the Estate making no efforts to follow industry safety guidelines or to even accurately assess the risks its workers faced.

"As a result a vulnerable man has been killed."

Votes: 0
E-mail me when people leave their comments –

You need to be a member of Landscape Juice Network to add comments!

Join Landscape Juice Network

Open forum activity

Fusion Media posted a blog post
Selected attendees from GroundsFest Academy events were recently given the opportunity to experience a truly unforgettable day at Lord's Cricket Ground, widely regarded as the Home of Cricket. The exclusive experience day offered delegates a…
10 hours ago
Adam Woods replied to Peter sellers's discussion Retirement advice
"The value per client was around how long theyd been with me, the nett profit they generate each year.... and a mad guess at how they will take it if Adam us no longer coming each week... i.e the little old lady who I indulge in a chat  each week...…"
10 hours ago
Peter sellers replied to Peter sellers's discussion Retirement advice
"Adam, thanks - how did you arrive at a" notional " value for each client? Did you value each client on say client a pays me 5k a year and multiply it up for the rest? So for example you had 10 clients all paying 5k a year so that equals 50k income ,…"
19 hours ago
David Benson replied to David Benson's discussion liquid moss killer
"thanks for the replies i will have a look at them"
yesterday
Adam Woods replied to Peter sellers's discussion Retirement advice
"Hi Peter... sorry been away for a couple of weeks.
So, this is what I did - and it worked.
Made sure I was charging as much as the local market would bear - so I definately was showing a healthy profit - ran the business for near enough a year. Got…"
yesterday
Fusion Media posted a blog post
Cold Ashby Golf Centre in Northamptonshire is enjoying some of the best course conditions in its history – and according to Course Manager Ashley Hammond and long-time member Roger Griffiths, Agrovista Amenity has played a big part in that…
yesterday
Fusion Media posted a blog post
ICL-sponsored award recognises standards in pitch preparation and presentation across GAA venues in Ireland.Hastings MacHale Park, Castlebar, Co. Mayo has been presented with the GAA National Pitch of the Year 2025 award at the League Final in Croke…
yesterday
Anthony Toop replied to Anthony Toop's discussion Servicing battery tools
"Thanks for that, will do.
 "
yesterday
Honey Badger replied to Anthony Toop's discussion Servicing battery tools
"Kma 135r. Take out the drive shaft rod and dip the square end in general purpose grease that will silence it. Machnic at my stihl dealer taught me that. Its worth picking there brains now and then. Also remove the air filter cover clean with a soft…"
Wednesday
Anthony Toop posted a discussion
There doesn't seem to be any manufacturer info available with regards what servicing if any is needed for battery tools, not that i can find anyway.When i say tools, i mean things like the motor end of long reach hedge trimmers, and Kombi motor…
Wednesday
Fusion Media posted a blog post
ICL-sponsored award recognises standards in pitch preparation and presentation across GAA venues in Ireland.Hastings MacHale Park, Castlebar, Co. Mayo has been presented with the GAA National Pitch of the Year 2025 award at the League Final in Croke…
Wednesday
Fusion Media posted a blog post
Pellenc, the pioneer in professional battery-powered tools, is proud to announce the release of the Rasion 3 Easy, a professional-grade 24” (60 cm) self-propelled mower designed to redefine the balance between heavy-duty performance and…
Wednesday
Peter sellers replied to David Benson's discussion liquid moss killer
"Pro kleen liquid iron sulphate direct from Pro kleen around £21 for 2x5lts delivered. We put 2.5lts in a 12lt knapsack, thoroughly wet area, avoid hot windy days.
Have used it for years highly recommend."
Tuesday
Martin Ashdown posted a discussion
We chat over knowing your numbers, eating frogs and RASI forms. Please like and share to help us grow this channel.https://open.spotify.com/episode/0PwhpTOoJrhqiyRRK32qM7?si=252f7534...
Tuesday
Dave Colton replied to David Benson's discussion liquid moss killer
"I haven't use liquid iron but do use soluble iron sulphate, takes a wee bit more mixing as it's a powder but I find it goes further and is cheaper than the liquid, I get mine from agrigem."
Monday
David Benson posted a discussion
i have to treat some small areas of lawn with a lot of paving round them and one area there is a swiming pool. my usual way is lawn sand and a broardcast spredder but this is not ideal for this job, what liquid killer do you recomend for a knapsack…
Monday
More…

how good does this look?

Im looking for my first 100 founding members to join and use canopy and i have approx 65 spaces left.. if your in the UK running a garden maintenance / landscaping company and could be intrested , feel free to enter the waiting list.Thecanopyapp.com

Read more…
0 Replies
Views: 45