This Farm Safety Week (22 – 26 July 2024), our health and safety team cast light on the year-round risks presented by the agricultural and rural sector, highlighting where responsibility lies and what steps can be taken to reduce risks.
This year’s Health and Safety Executive (HSE) statistics once again highlight the serious risks present within agricultural and rural settings, with the sector experiencing the highest rate of non-fatal injury of any measured industry. These are significant dangers, which employers and landowners must seek to mitigate.
In 2022/ 23, 21 workers were killed in work-related accidents within the agricultural, forestry, and fishing industries. Including six members of the public who were killed on British farms, the total number of work-related fatalities reaches 27. The HSE has proactively attempted to reduce the number of fatalities in this sector, releasing the Your Farm, Your Future campaign focused on this objective.
These statistics are reflected in two recent prosecutions by the HSE. In May 2024, a farming partnership was prosecuted after a man suffered serious injuries when five hay bales fell on top of him. Each hay bale weighed 600kg, crushing the man and fracturing four of his ribs as well as fracturing his pelvis and ankle. The HSE found that the stack of bales was not constructed in compliance with guidance, the foundations were weak, and the bales were not “tied in” correctly with appropriate restraints. Additionally, the victim in this case was also not adequately trained to unstack hay bales safely. This prosecution is a reminder of the dangers posed by poorly constructed bale stacks, as well as the importance of following published guidance.
In a more recent case in May 2024, a farmer received a suspended six-month custodial sentence after a couple were trampled by the farmer’s cattle. The man died on sight, with the woman sustaining significant injuries, rendering her unable to walk. A HSE investigation found that the farmer took no precautions to ensure the safety of the public, including segregating the cows and calves from public access. This prosecution is a tragic reminder of the unpredictability of the behaviour of cows (especially around their calves) and the importance of safety measures. We discuss this further below.
What are the main risks in the Agricultural Sector?
According to recent HSE statistics, the main causes of accident in this sector are:
- being hit by a moving vehicle/ machine/ falling object;
- falling from a substantial height;
- sustaining injuries from farm animals; and
- coming into contact with dangerous farm machinery.
What duties are placed upon me as a landowner or employer?
The Health and Safety at Work etc. Act 1974 sets out a number of duties applicable to all employers, including those within the agricultural sector.
Employers owe a duty of care to their employees and to “persons other than their employees”, i.e. the general public. While the duties owed to employees are more specific, a general duty is owed by employers/ landowners not to expose the general public to any health and safety risks.
This general duty imposes a broad requirement on farm owners to ensure no part of their property poses a health and safety risk to the general public.
A number of risks can arise from public access to farmland. Owners of such premises should conduct a regular assessment of the risks relevant to their land and any necessary mitigations which should be undertaken to prevent the public from coming to harm as a result of these risks.
In addition, those employing agricultural workers in Scotland have a number of obligations under the Agricultural Wages (Scotland) Order (AWO), including an obligation to allow their employees to attend up to two days of health and safety training each year, should the employees request it.
Employers are also entitled to require that their employees attend such training. Where an employee is unable to attend the training due to injury, illness, or any other authorised absence, the employee can still enforce their right to the training (or be required to attend by the employer) within the first four months of the following holiday year.
What are the most common causes of accidents in an agricultural setting?
It is evident from the HSE’s statistics that the main causes of accidents within the agricultural sector can be categorised as follows:
- injury caused by livestock;
- slips, trips, and falls, particularly from a height;
- injury caused by contact with farm machinery; and
- being struck by an object, either moving or stationary (including being struck by a moving vehicle).
What steps can landowners and employers take to manage risk?
Farming is a complex working environment and, given the risks posed by large machinery, operational decision-making on farms should place far greater emphasis on the health and safety of farmers and farm workers.
Farmers should not be lulled into a false sense of security or complacency, nor should they adopt an “it won’t happen to me” mentality. There are relatively simple actions they can take to reduce the risk of injury:
- switch off the power to vehicles/ machinery before carrying out repairs;
- keep workers at a safe distance from moving vehicles;
- ensure workers are kept at a safe distance during loading/ unloading operations;
- regularly maintain farm structures and land;
- use safe and appropriate equipment when working at height; and
- keep cows/ calves away from fields with public footpaths.
Other such animal-based considerations include:
- separate animals from people, including the use of permanent or temporary fencing;
- assess the temperament of cattle (if the animal has shown signs of aggression, it should not be in a field that has public access); and
- display signage identifying what animals are kept within a particular field.
Plainly, the emphasis must be on the effective management of risk. There are also implications for insurance cover where risk has not been managed effectively.
Shepherd and Wedderburn’s health and safety team can provide comprehensive advice on risk assessments and the prevention of incidents in the workplace. We can also offer guidance on investigations and prosecutions.
For more information, please contact Partner Kevin Clancy in our health and safety team or Hamish Lean, our Head of rural property.
This article was co-authored by Trainee Killian Dockrell.