Last year in the UK, 138 people went to work but did not return home. Twenty three of those people were from the agricultural sector. These galling statistics released earlier this month by the Health and Safety Executive make for grim reading, especially during Farm Safety Week.
The HSE’s report once again ranks the agricultural industry in the top three sectors for the number of fatal accidents at work. It’s not just fatal accidents that are a problem for the sector though, with further statistics showing over the last three years a staggering 9,000 non-fatal injuries were reported, falls and injuries from animals being the primary causes.
These incidents not only have severe consequences for those involved but can have a serious impact on the operation of the wider farming business; indeed in some circumstances they can be enough to spell the end of the business altogether. It is absolutely vital then that anyone operating a farm has a clear understanding of their duties and obligation in relation to health and safety.
The main piece of relevant legislation is the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999. These place a number of obligations on farmers and farm managers including:
- A requirement to conduct regular risk assessments around the farm to identify hazards and what steps can be taken to mitigate those;
- A requirement to provide training to employees on a regular basis;
- A requirement to provide protective equipment such as ear defenders, high vis clothing etc;
- A requirement to have staff welfare and first aid facilities available.
While these obligations cover those employed on the farm, there are similar legal protections in relation to the duty of care owed to those who come on to the farm such as delivery drivers, members of the public etc as well as other people who live on the farm, such as family members.
How incidents are recorded is just as important as preventing them. This is another area where there are obligations on farmers and farm managers in terms of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIIDOR).
Under RIIDOR the farmer or farm manager must make a report to the HSE where there is an injury at work in the following circumstances:
- A death occurs
- A specified injury in terms of RIIDOR occurs; these include crush injuries, some fractures, burns, some eye injuries;
- An injury causing greater than seven day incapacitation to the worker.
Even if the injury doesn’t need to be reported to the HSE, it is good practice to record it in the accident book held by the farm manager. Accurate recording of injuries is critical, not only in case there is a claim against the farm by an injured party but also as a risk assessment and staff training tool for the business.
Navigating the legislation surrounding health and safety at work and the steps needed to protect your business can be tricky at the best of times, let alone when coupled with the day-to-day pressures of running a business. Prevention is always better than cure and obtaining expert advice at the earliest opportunity is essential to protect not only employees but the business itself.
