Two recent prosecutions by the Health and Safety Executive (HSE) have highlighted the importance of ensuring that work at agricultural sites is planned appropriately to ensure activities are carried out safely.
The first case involved a fencing contractor which rented a yard from a farmer. The fencing company and the farmer shared a telescopic forklift commonly known as a telehandler. On 14 August 2017 a worker of the fencing company was in the yard when the telehandler was lifted too high causing it to tip over and collide with a stack of timber which fell onto the worker killing him.
An investigation by the HSE found that the telehandler’s safety device, designed to stop loads being lifted so high, had not worked for a long time and maintenance had failed to identify this. Furthermore, the machine operator had not received full training in its use and the machine was regularly used to lift overly heavy loads. The yard supervisor did not know how the machine should be used safely and the yard was not laid out to allow the safe stacking of material.
The investigation also found that neither the fencing company nor the farmer had ensured that the machine was properly maintained nor that it was independently thoroughly examined, a test which must be done at least annually.
The fencing company was fined £35,000 for breach of Section 2(1) of the Health and Safety at Work etc Act 1974 and ordered to pay £7,500 costs. The farmer pleaded guilty to breaching Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 9(3) of the Lifting Operations and Lifting Equipment Regulations 1998. He was fined £3,000 and ordered to pay £7,500 costs.
Speaking after the hearing HSE inspector Tania Nickson said:
“This incident could so easily have been avoided by simply ensuring that the vehicle in question had been properly maintained and thoroughly examined. This failure was compounded by PA Fencing Ltd not ensuring their yard was set up to safely store timber or that their drivers were properly trained and appropriately supervised. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
Farm Equipment
The HSE has published guidance for the agricultural sector on the safe use of farm equipment. In particular, telehandlers should only be used by authorised, trained and competent people who have completed appropriate training and testing (see HSE Approved code of practice L117). There are a number of hazards associated with telehandlers including:
- overturning – during travel or when lifting, on slopes or flat ground;
- electrocution – from contact with overhead power lines;
- unsecured loads falling from height, eg bales;
- using inappropriate, or poorly maintained handling attachments;
- unsafe procedures, eg using a grain bucket to push in fence posts;
- people falling from height, eg when using attachments as work platforms;
- attachments not secured properly or becoming detached in use
- unintended movement of the machine.
When using a telehandler, operators should:
- travel with the boom lowered to make sure that the centre of gravity of the machine and the load is as low as possible to maximise stability;
- carefully choose routes to avoid overhead power lines, very steep slopes or gradients and slippery or loose surfaces;
- adopt the correct driving direction and travelling position for negotiating a slope or gradient, eg when a load is carried the load should face uphill. When no load is carried the fork arms should face downhill;
- avoid turning on or traversing a slope or gradient and always descend straight down the gentlest gradient of a slope, instead of driving diagonally across it;
- avoid stacking/de-stacking a load on a slope or gradient where you can;
- use suitable scotches or supports if any work has to be carried out under a raised boom.
The operator should always look around and check for the presence of pedestrians before moving off and while manoeuvring and travelling. Further information on the safe use of telehandlers is available on the HSE website.
In the second case, a farm partnership was sentenced after a self-employed farm worker fell approximately 3 metres from a 360-excavator vehicle. The worker had been carrying out maintenance work on the gable end of a barn on the farm. He was working from a non-integrated work platform, or ‘man-cage’ attached to the boom of a 360-excavator vehicle. The man-cage fell from the boom of the excavator, and he fell approximately 3 metres sustaining a fractured sternum, six broken ribs, a fractured bone in his back and three broken teeth.
An investigation by the HSE found that the man-cage was used with the excavator because the partnership thought it had better reach and manoeuvrability to undertake the job of fixing the gable ends to the facias of the shed.
W Gibson & Son pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc Act 1974 and was fined £18,000 and ordered to pay £787.87 in costs.
After the hearing, HSE inspector Chris Tilley commented:
“Excavators should not be used under any circumstances for lifting people as they are primarily designed for excavating with a bucket and consequently are capable of operating speeds and movements which make them totally unsuitable for lifting people. Non-integrated work platforms should not be used for pre-planned activities such as periodic maintenance. This incident could so easily have been avoided by properly assessing the risk and employing suitable work at height equipment, such as the use of scaffolding or an integrated work platform, including Mobile Elevated Work Platforms (MEWPs)”.
Control Measures
Falls from height are the biggest cause of workplace deaths and one of the biggest causes of major injury. Before undertaking any task, which involves working at height, the risks must be assessed. In considering risks, consider the height of the task, the duration and frequency, and the condition of the surface being worked on. Before working at height work through these simple steps:
- avoid work at height where it is reasonably practicable to do so
- where work at height cannot be easily avoided, prevent falls using either an existing place of work that is already safe or the right type of equipment
- minimise the distance and consequences of a fall, by using the right type of equipment where the risk cannot be eliminated
For each step, always consider measures that protect everyone at risk (collective protection) before measures that only protect the individual (personal protection). Collective protection is equipment that does not require the person working at height to act for it to be effective. Examples are permanent or temporary guardrails, scissor lifts and tower scaffolds. Personal protection is equipment that requires the individual to act for it to be effective. An example is putting on a safety harness correctly and connecting it, with an energy-absorbing lanyard, to a suitable anchor point. Further information can be found on the HSE website and INDG401 Working at Height.
If you require health and safety advice, please contact one of the Regulatory Team on 01642 356500/0191 2322574.
