Managing Health And Safety Risks In The Agricultural Sector

• Published date: 29 March 2022
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Real Estate and Construction, Health & Safety, Personal Injury, Land Law & Agriculture
• Law Firm: Shepherd and Wedderburn LLP
• Author: Mr Hamish Lean and Kevin Clancy

Agricultural and rural settings present significant health and safety risks, which must be carefully managed and mitigated by employers and landowners operating in the sector. This was brought into sharp focus after two fatalities led to prosecutions following investigations by The Health and Safety Executive (HSE).

Prosecution one

In February, a farmer was prosecuted after a tragic fatal incident on farmland in Leeds. An 83-year old man was trampled and killed by cattle while following a public right of way across a farm with his wife, who also suffered serious injuries. The cattle were with their calves, which greatly increased the risk posed to any members of the public accessing the field. The farmland's owner pled guilty to a breach of the Health and Safety at Work Act 1974 for failing to implement measures mitigating the risk caused by his livestock. He was sentenced to a 12-week suspended prison sentence and was required to pay an '878 fine, plus '7,820.30 in costs.

Prosecution two

In March, a farmer was prosecuted after his four-year-old nephew was run over after falling from a farm vehicle. Children under 13 are prohibited from riding on, or operating, vehicles used in agricultural operations. The farmer pled guilty to a breach of the 1974 Act. He was sentenced to a 26-week prison sentence (suspended for 18 months), a community order (which included 250 hours of unpaid work), and ordered to pay costs of over '5,000.

Overview

These cases followed the publication by HSE of statistics detailing an average of 34 fatal injuries to employees across the agricultural, fisheries and forestry sectors between 2018/19 and 2020/21, and an average of 12,000 non-fatal injuries during the same period. It is vital that those operating within this sector are aware of the risks involved, and do everything in their power to prevent finding themselves in breach of health and safety regulations designed to protect their employees and the public.

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...