From Farm Research Group
April 2013
Health & Safety Update
struttandparker.com
Welcome to Strutt & Parker’s Farm Research Group Health & Safety Update. The quarterly Health & Safety Update is designed to make you think about Health & Safety matters on your farm and/or estate. Health & Safety is a vital part of any business operation. The spring has apparently arrived although for many there is little evidence of it as the wintry weather persists and temperatures fall below zero most nights. As fodder starts to run tight for many livestock enterprises the need to turn livestock out will soon be upon us and so consideration must be given to how and where they are put to graze. Spring cultivations for some have been done on the frequent frosts but there is still a lot of work to be done and it is important to ensure that machines and all those involved in the work are ready and fully briefed on the safety aspects of the work they will be undertaking. For further assistance on these or any other issues please call your nearest Strutt & Parker office.
1.
Machinery Considerations
With spring work still being done by many there are a number of key topics to consider when operating large machinery, some of the points are important in terms of optimum operation and performance but are also vital to health & safety in the workplace. Ensure machines are serviced appropriately and that any warning indicator/light issues have been addressed and resolved; Ensure tyres are inflated to the correct pressures; Ensure windows and mirrors are clean and intact; Always use the ‘Safe Stop Procedure', handbrake applied, PTO switched off and the controls made safe; Ensure brake lines and lighting cables are connected properly to both tractor and trailers before moving off; Where reversing buzzers are installed ensure they are operational; Always have your mobile phone on you, don't leave it in the cab – especially when working alone as it may be your only lifeline; When moving oversized machinery inform the Police or get a dispensation from the Police for the season where regular vehicle movements are required; Operators driving tracked machines should have a 'Category H' on their driving licence to drive on the public road; Keep children away from working farmyards unless supervised by an appropriate adult; Clean air filters out and clear all areas that accumulate large quantities of dust regularly on all machines; Ensure tool boxes and other heavy items are not kept in the cabs of machines when working. If a new machine or implement has been purchased ensure that all those who will be operating it have been thoroughly briefed by the supplier or manufacturer and if necessary have attended a training course for its safe operation. Operators should also have reviewed the instruction manual taking particular note of the health and safety pages and written up a risk assessment for its use. A recent court case highlights the importance of maintaining machinery and implements after a farmer was fined £20,000 and ordered to pay £29,184 in costs after a tractor that was known to be in a poor state of repair led to the death of a farmworker. The tractor, which was difficult to start and had a handbrake that did not work is believed to have been left running whilst a task was being carried out, rolled forward onto the farm worker who was working alone trapping him between the wheel and a mound of earth and eventually resulted in his death. The above case also raises awareness with regard to fault reporting. Employees should be encouraged to report known faults so that they can be dealt with appropriately, this may result in a machine having to be taken out of service for a period of time to ensure the safety of employees and others.
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2. Lone Working Employees on farms and estates spend much of their day working alone due to location and mechanisation of agriculture, it is therefore essential that the location of all employees is known and a system put in place for regular checks to be made on all staff. If employees have to meet with tenants or other parties either ensure they are accompanied or have a ‘code word’ system in place that enables them to call someone if they feel threatened without worsening the situation and be able to get someone to them quickly to assist them. If lone working occurs during 'unsociable hours' clear instructions should be left as to where they will be working in order to enable someone to locate them in an emergency. Where employees are working alone, ensure that they always have a mobile phone or farm radio with them. Mobile phones must always be with you rather than left in a cab, they may be your only lifeline in the event of an accident or emergency. High risk work should not be undertaken by lone workers. Those who are working alone should be medically fit to do so and this should be checked.
3. Mobile Phones Mobile phones are an integral tool for many businesses and agriculture is no different, they provide an essential form of communication between individual employees and the farm office on farms and estates. Whilst mobile phones provide a good form of communication they are only useful if they are close to hand particularly in an emergency. It is therefore essential to ensure that employees keep their mobile phones on them at all times and do not leave them in cabs or on desks. All employees should keep their mobile charged and on their person whenever they are at work. As farms and estates have become more mechanised fewer people are employed and the amount of lone working has increased as a result the risk of injury when on your own is greater. Mobile phones should not be used when full concentration is required for the job in-hand (e.g. climbing ladders, operating plant and machinery). It is illegal to use a hand-held mobile whilst driving, the installation of hands-free systems into all vehicles can be a useful addition however, it is important to remember you can be prosecuted for using a hands-free mobile phone if you are not in proper control of your vehicle. Two-way ‘press to talk’ radios or CBs can be used whilst driving although it is unadvisable unless absolutely necessary, for example when escorting a wide load.
4. Rights of Way Public rights of way that cross fields can easily be overlooked. Where cultivations have been carried out it is a Cross Compliance requirement to ensure any public right of way is re-instated within 14 days if a crop is to be planted imminently, or within 24 hours in all other circumstances to the required width (footpaths – 1 metre, bridleways – 2 metres). Where livestock are being turned out it is important to consider fields that have rights of way through them, regardless of whether a public or permissive right. Animals that are due to give birth or that have young at foot can be very protective of their young and in doing so can be unpredictable and dangerous to the unwary, such animals should be placed in fields without rights of way through them to safeguard both the public and the owner of the livestock. Certain breeds of bulls cannot be in fields where public rights of way cross the field, where bulls are allowed in fields with public rights of way they must have a group of cows or heifers with them. If there is any doubt as to the temperament of a bull it should not be grazed in field with a public right of way. Where bulls are being grazed a sign should alert the public to the fact that a bull is present and should be in both pictorial and written form stating no more than ‘bull in field’. Where it is the landowner or occupiers responsibility gates, stiles or other structures used to cross boundaries should be maintained to a level that is safe and reasonable to use. If footpaths are being temporarily diverted clear signage should be erected identifying the route for users. Failure to re-instate rights of way can lead to a civil prosecution; if an injury was to occur and the occupier is found to be negligent because it is still in a cultivated state, it could also lead to the Single Payment being penalised.
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5. Grandfather Rights and Plant Protection Products A number of workers and employers still rely on ‘grandfather rights’ whereby those born prior to 31 December 1964 who use an agricultural plant protection product (pesticides) on their own or their employer’s land were exempt from the requirement to hold a certificate of competence. All pesticide users must be adequately trained, no matter what their age and qualifications. The law requires that contractors who apply agricultural pesticides commercially, and all operators born after 31 December 1964, are required to have a certificate of competence. A trained operator can therefore be someone who does not have a certificate of competence but who has attended some training courses and has ‘grandfather rights’. This exemption is to continue until 26 November 2015, after this date anyone who purchases or uses a professional product must hold a suitable certificate of competence. The HSE is due to publish a list of the certificates of competence before 26 November 2012 that they will recognise as valid. The HSE are currently investigating whether it will be necessary for all those with grandfather rights to undertake full training and assessment in order to obtain the appropriate certification, it is possible that some may be certificated on the basis of experience and skills gained on the job opposed to a full training programme being required. The Government recognises that both spraying technology and practices have developed significantly since ‘grandfather rights’ were introduced and that it is important for those spraying pesticides to be properly trained in their use. Assurance schemes require spray operators to have undergone training regardless of whether or not they qualify for ‘grandfather rights’. The proportion of operators with grandfather rights will naturally decline. However, there is still a significant proportion of arable and horticulture farms relying on sole operators with grandfather rights. Changes to the requirements will have an impact on businesses, as will the length of any phasing-in periods if considered necessary.
6. Farm Cottage Safety The safety of employees in the workplace is paramount but there is also a responsibility to ensure that their health and safety in their place of residence where provided by an employer is maintained. The regular servicing of appliances provided and any heating system in place is a legal requirement as are regular electrical inspections for properties provided as part of a contract of employment and for properties let on the open market. However, the actual requirements for each situation vary according to the type of property, tenure and the type of equipment/appliance that is in place. The following list is an example of the different tests and services that may need to be carried out;
Gas appliance safety test and service (annually); Oil appliance test and service (annually); Solid fuel appliance test and service (annually); Chimney & flue sweep (annually); Portable appliance test (PAT) (annually as a minimum); Hard wire test (every five years or on the change of occupation).
Good practice is to have any electrical appliances that are provided as part of the tenancy tested annually and the hard wiring of the property at least every five years and/or on the change of a tenant/occupier. Prior to a property being let with the exception of a listed property an Energy Performance Certificate (EPC) must be obtained, this can prove a valuable tool in targeting where monies for repairs and improvements should be spent to maximise the energy performance of the house. It is also likely that future tenants will use EPC results when considering whether to rent a property, those with a low score may in the future prove harder to let, all let properties must currently obtain a level E rating by April 2018 in order to be marketed.
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Every effort has been made to ensure the information provided within this document is fully accurate. However Strutt & Parker LLP accept no responsibility if recipients should act upon any of the information without seeking the appropriate professional advice.
