Safety warning this summer: Farmers issued advice

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Britain’s workplace regulator is calling on farmers to do all they can to make sure those visiting their farms this summer are kept safe and healthy.

As the summer holidays approach, some farmers open up their farm and host events to allow members of the public to visit and witness farming. But although this can be a fun day out for families and farmers alike, safety must be at the forefront of these events.

The Health and Safety Executive has issued a warning as farmers have a legal duty to make sure visitors are kept safe and well on their sites.

Safety warning this summer

Wayne Owen, an inspector from the Health and Safety Executive (HSE) says many of the measures farmers must put in place are easy to apply.

“Events like Open Farm Sunday provide the chance for the public to get an insight into this really important industry,” he said.

“However, it is important that farmers understand the risks on their farm and ensure that visitors are protected from them.

“As well as safety risks from things such as moving vehicles and animals, there are also potential health risks that the farmers will need to control.

“By following some simple steps, both farmers and the public can get as much out of these visits as possible.”

In light of this, an Industry Code of Practice has been produced to ensure farmers are proficient in identifying and controlling risks to visitors. If a visitor has an accident or comes into harm while visiting a farm, the farmer may be held liable.

How to keep visitors safe on farms this summer

Make sure the event is risk-assessed and well-planned.
Ensure that the farm and farm staff understand the risks on site, including zoonotic risks (i.e. risks from diseases or bugs carried by animals).
Provide visitors with enough information on the risks and the controls in place (e.g. the importance of properly washing hands after touching animals, before eating or drinking, and before leaving a site).
Control visitor access to animals.
Supervise visitor contact with animals and provide separate clean areas for petting of animals. Prevent visitors from going into the pens with animals.
Provide suitable facilities for washing hands (normally this will be hot and cold water, liquid soap and paper towels) and direct visitors to use them after petting animals, before eating food, before and after using any play equipment, and before leaving site.
Hand-washing gels are not an acceptable substitute for washing facilities.
If visitors are allowed to consume food or drink on site, provide separate clean eating areas, near hand washing facilities.
Good prominent signage on-site gives important information to visitors (but don’t rely on signage alone to give those important messages).
Ensure that visitors are not exposed to other risks on the farm e.g. by fencing off high-risk areas or activities and keeping people away from traffic routes and moving vehicles.

Common injuries on farms

Transport – being struck by moving vehicles
Being struck by a moving or falling object, e.g. bales, trees, etc.
Falls from height
Asphyxiation or drowning
Contact with machinery
Injury by an animal
Being trapped by something collapsing or overturning
Contact with electricity, nearly two-thirds of which involve overhead power lines (OHPLs)
Slip, trip or fall on the same level
Falls from height

Occupiers’ Liability claims

Accidents that occur on property or land owned by somebody else are called Occupiers’ Liability accidents. This can include accidents which occur in buildings, on ‘premises’ or on land which is not controlled by you or your employer.

Premises can include land and buildings, as well as any fixed or moveable structure, and can cover anything from shops, offices, public buildings, aircraft, and houses.

There is a duty of care that is owed to lawful visitors under the Occupiers’ Liability Act 1957 to take reasonable care to ensure that visitors will be reasonably safe when using the premises. The Occupiers Liability Act 1984 covers people other than visitors, such as trespassers.

The duty owed by occupiers is “to take care as is reasonable in all the circumstances of the case to see that they are not injured on the premises by the danger concerned”.

Who can make a claim?

A claim can cover anybody visiting the premises. The extent of the duty on the Occupier is to take such care as is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which they are invited by the occupier to be there. This applies to both children and adults.

What evidence will I need to provide?

To prove the premises/land you were visiting were unsafe you will need evidence. Some types of evidence have been listed below, however, we can be able to advise you on what evidence will be useful for your claim and how to obtain it.

Photographs will show what caused the accident with measurements to show scale. It is also useful to show the injuries sustained, especially with scarring.
Witness statements to prove that risks were avoidable and that accident details are corroborated. For example, if an employee has confirmed the area has been defective for some time, this will assist your case. Try to obtain their contact information.
You must be able to provide details of exactly where, why, and how the accident happened, what the danger was, and how it was preventable.
A log of the accident report to prove that the cause of your fall was reported to the occupier. Ensure that you keep copies of letters received about your accident, such as from insurance companies, and send these to your solicitor promptly.
Seek medical attention from your own GP or hospital. It also helps if accident circumstances are logged in your medical records, to support the fact that you have been injured.
CCTV – Some public places may have security cameras up that may assist.

What should after I have been injured?

To bring a successful claim for your injury, you will need to establish that it was foreseeable that a visitor would come onto the property and that the occupier allowed a hazard there that was foreseeably dangerous to them. When you make a claim, it is helpful if you have taken the following steps:

Report the accident to the staff or owner and make a note in the accident book if possible.
Take photographs of where your accident happened, any defects, and details of witnesses willing to provide evidence.
Make a note of details of any signage
Get confirmation as to whether the incident was reported and if so, to whom
Seek immediate medical advice either at your GP surgery or the local Accident and Emergency department at the hospital. Make the hospital aware of where and how your accident happened. This will assist your case as there will be further proof of the circumstances.

How much compensation will I get?

The amount of compensation you are awarded is dependent on the severity of your injuries and the effects it has had on your life.

If the symptoms are ongoing and are supported by medical evidence, this would increase the value of your claim.

The best starting point for assessing the level of your compensation is by reference to the Judicial College Guidelines, which set out financial brackets for common types of injury.

The Guidelines are broken down into the affected body parts, the type of injury, and the severity of the injury. They were introduced as it was recognised that whilst no two cases are ever precisely the same, guidelines were required to develop consistency between awards.

Precedent case law, which refers to previous cases that have appeared before the Courts, is also relied on to support the valuation. Consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.

Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.

Is there a time limit to making a claim?

Legal proceedings must be initiated within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a compensation claim. However, there are exceptions to the time limit:

Claims on behalf of children – A litigation friend (typically a parent) can bring a claim on behalf of a child under the age of 18. The 3-year limitation period does not begin until the child reaches the age of 18. This means that the limitation period expires on the child’s 21st birthday.
Mental capacity– If you or the injured party lacks capacity and cannot bring a claim and manage their own affairs, the 3-year time limit will not begin until the injured person regains capacity.
Death – If unfortunately, the injured party dies within the 3-year limitation period, then his dependants can claim on their behalf, the 3 years is extended to 3 years from either the date of death.

Why should I use Oakwood Solicitors Ltd?

At Oakwood Solicitors Ltd we have a team of experienced professionals who can assist you with your Occupier’s Liability claim.

We are an award-winning law firm dedicated in helping you with all legal matters with a dedicated team of lawyers, committed to delivering the service you deserve by providing tailored legal solutions with your best interest at heart.

Farmers issued with health and safety warning this summer