Oyster farmers told they have a legal duty to make sure beds are safe

Saturday 6th February 2010, 2:29PM GMT.

The legs of upturned oyster tables have formed spikes. (Picture by Tom Tardif, 0911182)

The legs of upturned oyster tables have formed spikes. (Picture by Tom Tardif, 0911182)

SHELLFISH farmers have a duty to ensure that oyster beds are not in a dangerous condition.

Dave Hubert, 55, punctured his stomach while ormering on Monday when he fell on a spike from an upturned oyster table near Houmet Paradis.

Chief health and safety officer Richard Brown said that the equipment’s owners, Guernsey Sea Farms, as an employer conducting an undertaking, had a duty to members of the public who might be affected by their activities.

That duty would extend to all their activities, including those carried outside their premises on the beach.

‘However, it should be appreciated that the duty is limited under the law by the phrase “so far as is reasonably practicable”,’ said Mr Brown.

Shore gatherers regularly using the area could have been aware, prior to the incident, that there were oyster beds on the north edge of Paradis below the normal low water mark, where the rocks of Paradis meet a sandy bay area. These beds are only normally visible on very low spring tides.

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  1. 1
    Sarkdog Millionaire

    Beware the revenge of the killer Ormers and Oysters. We knew that the local waters were dangerous but bloney crickey!

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  2. 2
    Craupaud Oyster Farm

    A punctured stomach is an immediate life threatening condition.. one has to ask how a day later he is back on the beach .. it is that medical miracle that should be headlining here!
    I feel there is a lot more to this than the sob story.

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  3. 3
    Joshua

    I remember, myself, year 10/11? Doing my english speaking board exam “ESB”, listening to someone who’s family run a Ormer bed location, and me stating how all this stuff looks dangerous and how someone could easily fall on the spikes, or get their foot caught on the beaches from the photos I was shown. And I got told off afterward, and given detention, for discrediting her speech, and trying to act smart. HA!

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