Health and Safety for the Landbased Industries
Session 1
This resource is suitable to support Level 2 Agriculture courses.
Introduction to Health and Safety Law
Introduction to Health and Safety Law
At the end of this session you will be able to:
- Name 8 key legislations which have an impact on agriculture
- Describe and explain the impact legislation has on land-based industries
- Explain the duties that employers,employees and self employed have for theirs and others safety
The main legislation affecting farms
- Health and Safety at Work Act (HASAW) (1974)
- Provision and Use of Work Equipment Regulations (PUWER) (1998)
- Reporting of Injuries Diseases and Dangerous Occurrences Regulations (RIDDOR) (2013)
- Control of Substances Hazardous to Health (COSHH) Regulations (2002)
- Management of Health and Safety at Work Regulations (1999)
- Personal Protective Equipment Regulations (PPE) (1992)
- Regulatory Reform (Fire Safety) Order (2005)
- Environmental Protection Act 2021
The Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) are government bodies set up to protect people at work, and those affected by work activities. The health and safety laws apply to all businesses, even the self-employed, as well as employees.
The HSC has overall responsibility for policy on health and safety at work, and they advise on the standards and regulations.
The HSE is the enforcement agency, which also gives advice on occupational health matters and promotes awareness of health related matters in the workplace. This is achieved by producing 'Guidance' leaflets, and leaflets and brochures on 'Codes of Practice'. These are intended to help employers, self- employed and employees to understand and conform to health and safety legislation.
The HSE has authority to inspect workplaces including farms; investigate accidents and cases of ill health and order employers to make improvements, prosecuting if necessary.
Relatively minor accidents can be inconvenient and also expensive if relief workers have to be brought in. Blatant disregard for even simple health and safety issues can lead to severe injury and even death.
Health and Safety at Work Act 1974
The Health and Safety at Work Act (HSW Act) forms the basis of the health and safety law in UK.
The HSWA 1974 is an important act covering the legal duties of:
- Employer
- Employees
- Self-employed
The purpose of the act is to provide a legal framework to encourage high standards of health and safety at work.
What are the aims of the Act?
- To safeguard the health, safety and welfare of persons at work
- To protect the general public from risks to health and safety caused by the activities of persons at work
- To control the keeping and use of explosive or highly flammable or otherwise dangerous substances and generally prevent the unlawful acquisition, possession and use of such substances
- To control the emission into the atmosphere of harmful or offensive substances from premises
Farming is very dangerous
Look at the following case studies of accidents.
What are the duties of the Employer to the Employee?
- Providing healthy work environment – washing facilities, toilets, ventilation, heating and lighting, no smoking policy, first aid.
- Providing safe work environment - signage, PPE, fire safety, risk assessments, safe equipment, training, reporting.
What are the duties of the Employees?
- Maintain safe systems of work.
- E.g. forestry workers need to be at least two tree lengths away from each other when felling trees.
- Ensure the safe use, handling, storage and transport of articles and substances.
- E.g. transporting storing and using dairy chemicals.
- Provide adequate instruction, training and supervision.
- E.g. training farm staffs on the use of tractor, ATV, and in the case of a rough terrain truck, a Certificate of Competence.
What are the duties of the Employees?
- Maintain safe premises and other places of work.
- E.g. general fabric of the building and electrical installation and equipment.
- Provide a safe working environment and adequate welfare facilities.
- E.g. providing toilets, washing facilities; and a rest and eating area.
What are the duties of Self-Employed people?
- The self-employed have similar responsibilities to employers.
- They must ensure, as far as is reasonably practicable, that they do not risk their own health and safety, nor must they expose other people to risk. This includes children and general members of the public.
How can farm businesses make sure they are safe?
- The Health and Safety at Work Act 1974 place a duty on companies and individuals to ensure that, so far as is reasonably practicable, adequate provision is made for the health, safety and welfare of their workforce.
How?
- In order to do this, the main requirement of the Health and Safety regulations is for businesses to carry out risk assessments. Risk assessments identify the hazards that may cause a risk to the health and safety of employees or self-employed.
- Hazards are classified as high, medium or low risks and control measures, or precautions, to reduce the risks must be put in place.
Important points about Risk Assessments
Once a risk assessment has been made, any control measures that are found to be necessary should be implemented. The system will need to be reviewed at regular intervals and improvements made as and when necessary.
If, as a result of the risk assessment, Personal Protective Equipment (PPE) is included as a control measure, then it is the responsibility of the employer to provide the appropriate equipment.
What about training on a farm?
It is also the responsibility of an employer to:
- Ensure that employees receive adequate and correct training for their work
- Consult their employees or their employees' representatives, on certain health and safety matters.
What about insurance on a farm?
It is also the responsibility of an employer to:
- Farms employing any people must also have employers' liability compulsory insurance, and the certificate should be on display.
What else must the farm have?
Employers with more than 5 employees are required to set out their Health and Safety Policy in writing, which is signed and dated.
An employer must also display the health and safety law poster.
Summary
At the end of this session you are now able to:
- name 8 key legislations which have an impact on agriculture
- describe and explain the impact legislation has on land-based industries
- explain the duties that employers,employees and self employed have for theirs and others safety