MACCLESFIELD council last week picked up a bill for almost £10,000 - all to be paid out of public money - after it admitted exposing an employee and the public to a dangerous herbicide.
It was fined a total of £6,000 and ordered to pay £3,747 costs by the town's magistrates who heard of "management failings" within the town hall.
In the first hearing of its kind for the borough, the bench heard how this led to safety errors when an "enthusiastic" groundsman sprayed chemicals on the borough's bowling greens.
The moss killer "Enforcer" - used at grounds in South Park, Victoria Park, West Park, and Alderley Park on April 12, 2006 - has since been taken off the market because it is not in line with EU legislation.
The council said it had since trained 35 of its employees in line with safety rules.
Craig Morris, prosecuting on behalf of the Health and Safety Executive, said a groundsman, Andrew McKeith - who was said to be inadequately trained - needed hospital treatment.
He was found wandering around Bollington Recreation Ground, after his wife reported him missing.
Appearing before the bench at Silk House court, the council pleaded guilty to failing to ensure the safety of all employees engaged in spraying herbicide and failing to provide them with adequate information, instruction and training.
They also admitted failing to protect persons not in their employment from the work activity, and were fined a total of £6,000, and was ordered to pay £3,747 costs.
Chairman of the bench, Colin Winder, told the defendants the chain of events showed "a lack of foresight" and "bad management".
The case has since prompted the HSE to warn other employees to ensure their staff are properly trained.
Earlier Mr Morris, prosecuting for The Health and Safety Executive, told the court how management failings had led to the prosecutions.
He said: "We the prosecution say that procedures in place were inadequate, as was staff instruction and training.
"There was a lack of adequate welfare facilities and no real attempt was made to advise members of the public of the small - in terms of time - risk that existed."
He added: "This particular herbicide can cause health problems if inhaled or if humans come into contact with it."
He said that groundsman Mr McKeith - whose primary job was to spray the herbicide - did not have any protective clothing on the day and that during his work, he came into contact with the substance at the four different bowling greens.
Mr Morris said he did have some training, but not for boom spraying with a tractor, and he had not had any refresher training between 1989 and 2004.
He said it was the employer's responsibility to ensure the safety of employees and there was a number of failings.
"There was a failure to provide proper welfare facilities in respect of the different venues, to provide an area where he could wash after he used the spray, so he had his lunch but no opportunity to wash in the intervening period."
He said Mr McKeith was exposed to this potentially dangerous chemical and required hospital treatment as a result of that.
He added: "But I don't think there were any long-term health problems."
On the second charge, of failing to protect the public, Mr Morris said no signs were put up to warn bowlers of the spray.
"In terms of exposing members of the public to the pesticide, the bowling greens are used from time to time. When Mr McKeith went to South Park, some bowlers were in situ but no members have been exposed."
He said instructions on the spray state areas should be kept clear for 48 hours, or until the spray dried - which takes about 30 minutes.
He added: "The period of time people may have been exposed was not great in this case."
But he said relatively simple things could have been done to avoid the risk.
"Simple signs could have been put up, with spraying in progress on them, but that did not happened so there was fault there with the council."
He said the council had been co-operative and that they had produced a very thorough, and self-critical report, and reviewed its processes.
He added: "The council has been very supportive of the health executive in the past."
Peter Turner, counsel for the defence, told the court the council took the matter very seriously and had behaved honourably throughout.
He added: "It's important, as in all cases, to consider the character of the defendant and I put them forward to you as a organisation with excellent references and good character.
"Their own investigation into the matter consists of weighty tomes and it's right when I say to you that they care." He told the court Mr McKeith did have some qualifications, but not in boom spraying and that 35 employees had since had refresher course training.
He said the groundsman had made some mistakes, but added: "His mistakes are not your concern. The ones you need to know about are in the management chain."
He said Mr McKeith received conflicting advice from two staff members - one that it was too windy to spray that day and the other saying it was all right. He continued as he was keen to get his work done.
Mr Turner said that the groundsman had not waited for the man with the protective clothing store key to arrive, and he was unable to wash himself in the South Park toilets because the keyholder was on holiday.
He added: "He was so keen he did not wait for the employee with the key to the protection store, so he did not have the available protective clothing."
He said a consultant employed by the council had recommended the herbicide "knowing it was never going to pass tests", but that it was exempt at the time.
Mr Turner told magistrates: "Mr McKeith has some culpability because of his enthusiasm and commitment to his work."
He added: "If you are looking for a self-confession and prompt guilty plea, you could not do better than their self-critique of themselves."
He said two MBC employees - a systems officer and a supervision officer - had been disciplined.
Mr Winder told the defendants: "Credit has to be given for the prompt guilty plea, co-operating with the HSE, and their own assessment and remedial action.
"Despite Mr McKeith's keenness some safety procedures being available, he was told to go ahead and leave the depot to do his work schedule.
"The fact there were no facilities for him to clean himself also shows a lack of foresight, and bad management."
He added: "That the employee was put at risk of harm and had to go to hospital is an aggravating feature.
"The public were also put at risk by a lack of signage. This, again, shows a lack of foresight by management."
Vivienne Horton, chief executive of Macclesfield Borough Council, said after the case: "We very much regret the circumstances of this incident and have co-operated fully with the Health and Safety Executive.
"I want to reassure the public that we've reviewed the policies that were in place in the Grounds Maintenance Department and, as a result of internal investigations, new safety equipment has been purchased and procedures have been tightened up. This includes refresher training for relevant staff."
