09 March, 2012

In the first of a new series of blogs as part of our 'FarmSafe' initiative, we take a general look at the health and safety requirements for farmers and landowners and some of the most important considerations they must take when it comes to employing staff…..

Firstly, it's worth remembering that the two main pieces of legislation around health and safety in the workplace can be found in The Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 - both set out the duties for employers and individuals.

Farmers and landowners, like all employers, must ensure as far as reasonably practicable, the health, safety and welfare of employees. As well as the regulations above, there are also specific provisions contained in other health and safety legislation such as:

 •The Health and Safety (First Aid) Regulations 1981 - under these employers need to make sure that they have adequate first aid arrangements and procedures in place to follow in the event of an emergency.
•The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) - employers have a responsibility to report any incident that happens in the workplace involving injury, disease or a dangerous occurrence.
•The Working at Height Regulations 2005 - make it essential that any work at height is carefully planned, supervised and carried out by people who are competent to do the job.
•The Provision and Use of Work Equipment Regulations 1998 - apply to any equipment, including machinery that is used for work and means that equipment must be suitable for the task, properly maintained with dangerous parts safeguarded.
•The Manual Handling Operations Regulations 1992 - require workers to avoid undertaking hazardous manual handling where reasonably practicable, assess and take action to reduce these risks.
•The Control of Noise at Work Regulations 2005 - include measures that need to be taken to reduce the risk of hearing damage by exposure to loud noise and,
•The Control of Vibration at Work Regulations 2005 - make similar provisions for avoiding risks to health from exposure to vibration.
•The Prevention of Accidents to Children in Agriculture Regulations 1998 - these include duties to prevent injuries to children on farms, including the prohibition on children under 13 years old riding on or driving tractors or farm machinery.

As well as complying with these provisions, agricultural employers should also consult with their employees on all aspects of health and safety and make sure that they communicate with their workforce, checking that they understand their own responsibilities around their own health and safety and that of their colleagues.

Carry out regular, proper and adequate risk assessments and identify and take steps to eliminate risk as far as possible. Have a written health and safety policy where more than five people are employed and provide adequate information, instruction, training and supervision, particularly in areas such as spraying pesticides and operating work equipment.

Finally, it is really important to remember that all the provisions under health and safety laws don't just relate to those people you consider being employees. You also have duties towards independent contractors, temporary workers and agency personnel.

If you are not quite sure about what is required of you and what measures you need to take, you can get more information from the Health and Safety Executive's website at www.hse.gov.uk.