Agriculture, forestry and fishing remains a high-risk sector in terms of fatal injuries. The latest accident rates published by the Health and Safety Executive (HSE) on 4th November, for the period 2019/20, report 20 fatalities in the sector. Whilst the sector accounts for only 1% of the workforce nationally, it accounts for almost 1 in 5 of all fatal injuries. However, the long-term trend illustrates a reduction over the last few years where the annual average was 27 fatalities since 2015. As in previous years, the main cause of death was due to being struck by moving vehicles (28%) followed by falls from height (16%).
Farm Safety Enforcement
With such a high accident rate the HSE allocate considerable resources to improving safety in the agricultural sector. In addition to the information available on the HSE website and campaigns the regulator also engages in enforcement action where considered appropriate. During 2019/20 HSE inspectors issued 256 enforcement notices at agricultural premises. HSE inspectors can issue prohibition notices to prevent an activity continuing or a machine being used where there is a risk of serious personal injury. An improvement notice specifies a period of time in which to rectify safety contraventions which have been identified, often during an inspection visit.
In addition to enforcement notices, the HSE undertook 13 prosecutions in the sector in 2019/20 resulting in 13 convictions. A total of £467,000 in fines was imposed with the average fine being £36,000. Guidelines issued by the Sentencing Council in relation to health and safety offences has resulted in higher penalties in the courts for convictions. Such fines and, in a small number of cases, imprisonment can have a substantial impact on the farm involved. When faced with a prosecution, farmers should seek legal advice and representation at an early stage. The HSE will normally seek additional information prior to deciding on whether to pursue a prosecution and this is often the opportunity to provide details of improvements to safety systems since the previous inspection.
Farm Health & Safety Guidance
The HSE guidance document, Farmwise (HSG270), provides an essential starting point for farmers and others in the sector to understand their responsibilities for health and safety management. With a high proportion of lone working undertaken in often remote locations, those working in the sector need to be aware of the hazards involved. A clear procedure for lone working should be put in place so that if things go wrong, help can be available quickly. Knowledge of mobile telephone coverage across the whole farm may be important in putting such a procedure in place and alternative means of communication may be required in poor reception areas. Cooperation with neighbouring farms could help overcome communication problems in outlying areas.
Developing a practical health and safety policy is the first step to take for a safe working farm, followed by a risk assessment specific to the particular agricultural unit. Ensuring farm workers are engaged in this process is vital to achieving buy-in as well as providing a check that all the risks have been identified – workers also have a responsibility to highlight risks to management. Training should also be considered for all farm workers and the amount of supervision required may be influenced by the experience and training specific workers have. Those new to agriculture will often require closer supervision than those with many years’ experience although this may not always be the case.
The seasonal nature of agricultural work and the transient nature of those engaged often results in a high presence of self-employed contractors. Farmers and other clients who engage such workers must ensure that they are competent to carry out the work required. If a labour agent supplies workers, such as a gangmaster or employment agency, farmers and other clients should check the terms of the engagement contract so that responsibility for health and safety management, supervision and provision of personal protective equipment (PPE) is clearly set out. Labour providers should also be asked to provide evidence of their licence under the Gangmasters (Licensing) Act 2004. In all cases, new workers should be given information regarding the hazards present in their particular workplace and the precautions to take as well as what to do in an emergency. These inductions have made significant improvements to safety in the construction industry and, if rigorously adopted in the agricultural sector, could reduce accident rates here as well. Engaging foreign workers may also require the information to be made available to them in a language they understand.
When repairing farm buildings all work should be planned so that it is carried out safely. This is particularly important when working at height such as repairing roofs, cleaning guttering and similar tasks. Precautions should be taken to identify fragile roofs by affixing prominent signs to warn workers and others. Ladders should only be used for short duration simple tasks and the foot of the ladder should be secured. Scaffolding or work platforms may be more appropriate for work which is of longer duration. Farm equipment and machinery should be regularly inspected, and faults reported. Establishing a maintenance schedule will help to identify faults as well as increasing the life expectancy of the equipment. Always use appropriate equipment for the task and avoid using make-shift alternatives such as buckets to lift people off the ground. Machine guards should be regularly inspected, and equipment should be taken out of use where they are missing or damaged.
Moving vehicles present a particular hazard and as previously noted, are a major cause of fatalities in the industry. Arrangements should be made to segregate vehicles and pedestrians wherever possible. Pedestrians and vehicles should access farm buildings by separate doors where practicable to reduce the risk of collision. Vehicle routes around the farm should be clearly set out and reduce the requirement for reversing to a minimum, for example using a one-way system. Delivery drivers should be made aware of the access routes and driving rules when attending the farm.
Addressing health and safety does not need to be time consuming or expensive and in many cases will save money in the medium to long term. By considering the hazards present on the farm and putting in place simple precautions accidents can be avoided, and fewer workers will be injured. If you require help implementing health and safety measures or dealing with enforcement action, contact one of the Regulatory Team at Jacksons on 01642 356500. Other contact details can be found on the link to the Regulatory Team above.
Mark Stouph, Health & Safety Consultant
