AN ENTIRELY AVOIDABLE ACCIDENT Unite result for forestry member in exploding rifle horror

 

AN ENTIRELY AVOIDABLE ACCIDENT

Unite result for forestry member in exploding rifle horror

Article from uniteLANDWORKER Winter 2024

A wildlife ranger for Forestry Commission has praised the support she has received from Unite in her successful four-year battle to highlight and obtain a six-figure compensation package for significant injuries she sustained when a malfunctioning rifle exploded.

She now hopes that with Unite’s support to eventually return to work where given the opportunity she hopes to be elected as a union rep.

Beth, (*) who had worked for Forestry England since 2018 and completed two years training, was working in Kielder Forest, Northumberland on 9 December, 2020. She had become concerned that the rifle moderator, used to reduce noise and recoil, she had been lent by her line manager was fused shut.

“It had not been serviced that year,” says Beth, who had immediately raised her fears, and “after approximately, 15 shots it blew up in my face.” The outer housing of the moderator/silencer had fractured from the pressure of shot propellant gases.

Terrifyingly, the explosion sent sheared metal and gases back towards Beth’s face. Several significant injuries were sustained as a result, causing permanent damage to her left eye and a perforated eardrum. She is still suffering from headaches and tiredness.

“All of this was an entirely avoidable incident, which could have been even worse,” states Beth. It was horrific enough that she was left badly injured but Forestry England, which manages over 150 forests in England, did not know what first aid Beth required when she managed to get back to her depot.

Then “they drove me to an A&E that was over an hour away rather than calling 999.” This failing was multiplied when she was left to drive home alone with concussion. Partly due to COVID, Stacey’s diagnosis took some time during which she again lacked management support.

Following her terrifying ordeal, Beth turned to her union for backing. Legal support was obtained from workplace injury law experts Thompsons Solicitors. The circumstances of the incident and how more could have been done to protect Beth were established

A firearms specialist provided advice and support to her legal team, led by Fiona Smith, arguing that the moderator was defective under the Employers’ Liability (Defective Equipment) Act 1969. This was a piece of legislation passed over half a century ago as a result of long-running pressure from the trade union movement. Employers are required to fully insure their staff for all health and safety risks, and are encouraged to put in place preventative measures.

The Bill was sponsored in a Private Members’ Bill by Scottish Labour MP Mr Hugh D Brown, described as the last ‘Red Clydesider’, who said at the time: “This is a small Bill but it is a useful piece of social reform to assist and protect ordinary workers in factories,” and fields and forests.”  

It is a powerful example of the trade union and labour movement working together politically for the benefit of workers.

Although Forestry England denied liability, Thompsons were able to secure a significant, six-figure payment for Beth. The funds provide some security moving forward as she accesses the ongoing therapy and care required for her continued rehabilitation. Her physical wellbeing remains damaged.

 “I have made a lot of progress, but there is still a long way to go,” explains Beth, who remains absent from her job.

The Unite member is though not ruling out returning as a wildlife ranger. “From the start my FC rep Neil Grieve was in touch and has continuously looked after my interests.

On Beth, Neil is “really pleased Beth has got a positive outcome and her personal injury claim was so successful. The treatment she is having is making such a positive effect. She is a lot better than she was when I first knew her.”

Yet Grieve remains puzzled why the HSE has not investigated the case and why the manager involved has not been disciplined.

Beth recalls: “Unite backed me through every HR meeting, helped negotiate workplace adjustments and supported me during the case with my solicitors with both organisations arranging appointments with medical specialists whom have diagnosed and recommended treatment. I would never have been able to afford this without the union.”

She wants to ensure that similar avoidable incidents do not re-occur. “I remain concerned regarding the Personal Protective Equipment issued or not to Wildlife Rangers. We need better safeguards.”

By bravely raising awareness of her case, Beth should help UNITE put ongoing pressure on the FC management to ensure safety measures are boosted.

But the best outcome would surely be Beth’s return to full health and back to the job she clearly enjoyed.

And for her final wish to come true. Which is, “to become a UNITE rep so I can help others and make them aware there is someone on their side.”

·         Name changed to protect privacy