From Farm Research Group
January 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 New Year will hopefully see everyone returning to work with a renewed enthusiasm for the industry but let us also hope it is with a ‘working safe’ attitude. The agricultural industry is very different from most other industries in that employees carry out a far greater range of duties than many other industries for example a farm employee might be milking cows in the morning, ploughing in the afternoon and welding in the evening. Whilst we should be proud of the diverse range of skills many employees have it is important to remember that because such a wide range of tasks are carried out they may not always be done with the same level of safety awareness as a task specific worker. It is essential that employees are given the appropriate instruction, supervision and training to carry out all of the tasks that are expected of them in a safe manner – if this is the only New Year’s resolution that is adopted across our farms and estates in 2013 it should lead to a safer working environment for all. For further assistance on these or any other issues please call your nearest Strutt & Parker office.
1.
Fee for Intervention (FFI) st
The HSE launched their Fee for Intervention (FFI) on the 1 October, this enables the HSE to recover their costs from companies caught breaking the law. The HSE and the government believe it is right that businesses that break health and safety laws should pay for HSE’s time in putting matters right, investigating and taking enforcement action. Before FFI was introduced, this was paid for from the public purse. Inspectors time for investigating and taking enforcement action is now chargeable to the company or individual that is being investigated, the HSE are able to charge £124 per hour. It is hoped that FFI will encourage businesses to comply in the first place or put matters right quickly when they don’t. It will also discourage businesses who think that they can undercut their competitors by not complying with the law and putting people at risk. FFI only applies to work carried out by HSE’s inspectors so if your business is inspected for health and safety by another regulator it will not apply. How much might it cost me? The inspector will record the time they have spent identifying the material breach, helping you to put it right, investigating and taking enforcement action. This will include time spent:
Carrying out visits (including all the time on site during which the material breach was identified); Writing notifications of contravention, improvement or prohibition notices, and reports; Taking statements; Getting specialist support for complex issues; This total amount of time will be multiplied by the FFI hourly rate to give you the amount you must pay.
2. Abnormal Load Dispensations Abnormal load dispensations are required when moving large machinery more than five miles, this requires the Police to be given at least 24 hours notification when moving machines in excess of three metres wide more than five miles on a road that has a speed limit of 40 mph or less. Dispensations are issued annually so it is important to renew any existing dispensation or apply for a new one before such as time as you may need one. This can be easily forgotten during peak work periods and can be a time consuming exercise. Where dispensations have been registered notification conditions can be reduced or in some cases removed altogether. The criteria within the dispensation may vary from county to county so applying in good time can help avoid potential problems later in the year, where you operate in different counties you will need to apply for a dispensation for each county from the appropriate constabulary. Loads of up to 4.1 metres can be moved on non-motorway routes without a Police escort but should be escorted by a separate vehicle; if a Police escort is required there may be a charge.
Farm Research Group | Health & Safety Update
1
3. Vehicle Safety Agricultural machinery has in recent years got larger and faster but the general public frequently do not allow for the size or speed of agricultural machinery on the road. The design of vehicles used on public roads has to meet specific legal standards; this is set out in the Road Vehicles (Construction and Use) Regulations. It is essential that the overall standard of vehicles used in the workplace is at least as good as that used on the public road. It is also worth noting that there are some specific standards dealing with mobile plant in the workplace e.g. forklifts. Before any vehicle is taken on the public road it essential to check the following:
That there is good all-round visibility; Mirrors are intact and clean; All warning systems (such as horns and lights) are fitted and working; Vehicle lights provide enough light for the driver to work; Windscreen wipers work; Tyres are appropriate for the road surface and are correctly inflated; Brakes are working and independent brakes are coupled together when on the road; Where trailers are being pulled they should have lights and appropriate signage displayed (if required).
It is the employers responsibility to ensure that work vehicles and equipment are suitable for their purpose taking into account working conditions and any hazards identified in the risk assessments. Before a vehicle is taken on the road a visual inspection should always be carried out to ensure it is safe to be operated.
4. Hedge Cutters and Flail Mowers The use of rotary flail hedge cutters is common place at this time of year, with many fields waterlogged this year much of the work will be confined to the public highways. Roadside and access road hedges must be cut prior to the various stewardship schemes cut-off date at the end of February. Hedge cutters and flail mowers have a number of dangers associated with them for both the operator and other parties, these include;
Debris being discharged at high speeds; Numerous moving parts; Contact with overhead power lines; Overbalancing of machine when the arm is extended; Oil being used at high pressures.
Only operators who are appropriately trained should use hedge cutters, they should pay particular attention when operating on roadsides and next to rights of way. You should contact the Local Highways Authority advising them of when and where intended works are due to take place and take advice on what signage should be displayed. Remember where signage is used Local Highways Authority permission is required, the following guidelines may be useful; ‘Road Works Ahead’ with a supplementary ‘Hedge Cutting’ plate ‘For 1 Mile’ or appropriate distance; ‘Road Narrows’ warning sign with supplementary ‘Single File Traffic’ supplementary plate; A white arrow on a blue background ‘Keep Right’ sign on the rear of the tractor. The tractor should have working flashing beacons and all lights and glass should be clean and not obstructed. Try and carry out works outside of peak periods but during daylight hours. Work lights should not be on when working on the road as they can blind other road users creating a further hazard.
Farm Research Group | Health & Safety Update
2
www.struttandparker.com
5. Signage Appropriate signage throughout the workplace is essential to inform employees, visitors and others of hazards in the workplace. The Health & Safety (Safety Signs & Signals) Regulations implement a European directive that was designed to standardise safety signage across Europe without the risk of signage being misunderstood. Signage should be used wherever there is a risk that cannot be controlled by any other means; all signs should incorporate a pictogram as part of their detail, it should increase the number of safety symbols in the workplace and incorporates fire safety signs. Signage should be in place from the entrance, for farms and estates this might include a speed restriction, warning of moving vehicles and/or overhead cables for example. Workshops are full of hazards and placing blue (mandatory) signage instructing operators to use eye protection when using a grinder is essential to ensure that legislation is adhered to and that workers are kept safe.
6. Veterinary Medicines Veterinary medicines are not just administered by the vet, farm staff will frequently administer medicines, vaccines, wormers and medicated feeds to stock. Veterinary medicines are covered by the Veterinary Medicines Regulations 2006; medicines include antibiotics, vaccines, wormers and medicated feedstuffs. It is the employer’s responsibility to ensure that there are adequate protection measures in place with regard to COSHH legislation and the provision of appropriate protective equipment (PPE) should be available, measures should be put in place to reduce exposure to medicines wherever possible. Staff should be informed of any risks and the precautions that are in place for each product that they are required to handle and measures should be taken to ensure the safety of staff, such protection measures should be reviewed regularly. When medicines are being administered the following should be considered;
Is it really necessary? What are the hazards? Consider who might be harmed and how; Choose the correct treatment; Ensure the dosage is correct; What controls are needed; Follow the advice of the vet or guidelines on the label; Ensure that the area is safe to work in and that the animal is restrained suitably;
Only competent trained staff should administer medicines, it is the employers’ responsibility to ensure that adequate instruction, training and information is provided. Personnel hygiene is essential, if users become contaminated due to spillages or similar they should have access to suitable washing facilities immediately. Washing facilities should be available for users prior to and once livestock have been treated. In the event of an accident staff should be aware who to report incidents to and how to get help, emergency numbers should be available at all times. Any accidents such as self-injection should be recorded and the individual monitored, anyone who feels unwell following the use of medicines should seek medical advice as soon as possible. Medicines should always be stored in a suitable environment and in a secure container that can contain any spillages. If medicines are to be transported they should be in a secure container that is separate from passengers, animals and food, it should be secure against theft and vandalism and accompanied by relevant information about the product(s). Waste should be stored securely and disposed of appropriately.
Farm Research Group | Health & Safety Update
3
www.struttandparker.com
Offices London Head Office Banbury Banchory Brighton & Hove Cambridge Canterbury Chelmsford Chester Chichester Cirencester Edinburgh Exeter Farnham Glasgow Guildford Harpenden Harrogate Haslemere Horsham Inverness Ipswich Kingussie Lewes Ludlow Market Harborough Moreton-in-Marsh Morpeth Newbury Northallerton Norwich Odiham Pangbourne Salisbury Sevenoaks Shrewsbury St Albans Stamford Winchester
Contacts 020 7629 7282 01295 273592 01330 824 888 01273 779 649 01799 533 100 01227 451 123 01245 258201 01244 354 888 01273 832602 01285 659 661 0131 226 2500 01392 215 631 01252 821102 0141 2253 880 01483 306 565 01582 764343 01423 561 274 01428 661077 01403 246790 01463 719171 01473 214841 01540 662020 01273 475 411 01584 873711 01858 433 123 01608 650 502 01670 516 123 01635 521 707 01609 780 306 01603 617 431 01256 702892 0118 984 575 01722 328 741 01732 459900 01743 284204 01727 840 285 01780 484 040 01962 869999
Land Management Department Nick Watson MRICS FAAV Tel: 01273 407051
[email protected] Farming Department Will Gemmill BSc FAAV MBPR (Agric) Tel: 01245 258201
[email protected] Development Land and New Homes Simon Kibblewhite BSc (Hons), BA, FRICS, MCIArb Tel: 020 7318 5177
[email protected] Accounting and Taxation Services Will Gemmill BSc FAAV MBPR (Agric) Tel: 01245 254607
[email protected] Town and Country Planning Department Craig Noel BA MSc Dip Up FRGS MRTPI Tel: 01273 473411
[email protected] Building Surveying Jane Henshaw MRICS Tel: 01273 407024
[email protected] National Estate Agency Michael Fiddes BA MRICS Tel: 020 7318 5192
[email protected] Estate & Farm Agency Mark McAndrew MRICS Tel: 020 7318 5171
[email protected] Health & Safety David Canty BSc MSc MBPR (Agric. Fert) Tech IOSH Tel: 01727 790480
[email protected] Resources & Energy Alexander Creed BSc (Hons) MRICS FAAV Tel: 020 7318 5022
[email protected]
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.
