These few simple steps could prevent or reduce the risk of a serious incident on your farm or estate:

• Make sure all staff know where there is a reduced mobile phone signal.
• Issue all seasonal and new staff with contact numbers in case of emergencies.
• Staff should leave a copy of phone numbers with someone at home.
• Mark all field plans with grid references in case the air ambulance is needed.
• If you have staff who don’t speak very good English, make sure they understand where they are going and can telephone someone who will know where they are if they need help.
• Try to have everyone checked in at the end of the day – make sure no-one is left unaccounted for.
• Remind everyone regularly to keep in regular contact with each other throughout the day.

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A CDM Co-ordinator has to be appointed by the client if a project lasts more than 30 days or involves more than 500 person days of work.

There is a new duty on designers to eliminate hazards and reduce risks, as far as is reasonably practicable. They will also have a duty to ensure that any workplace they design complies with the Workplace (Health, Safety and Welfare) Regulations 1992.

A Client will no longer be able to appoint an agent to take on their legal duties and criminal liabilities, thereby making the CDM Coordinator role more advisory in helping to fulfil their duties to comply with the Regulations.

To ensure that your business meets the CDM regulations, it is recommended that you have a CDM audit carried out by a third party. A CDM compliance audit provides an objective third party view of your company strengths and weaknesses in this area. The CDM compliance audit takes part in two separate stages. The initial approach is to gather information; this is followed by a detailed evaluation which will be presented in a formal report.

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Anything that is reported under RIDDOR needs to be recorded. You also need to record any occupational accidents that result in a worker being away from work for more than three consecutive days. (You only need to report these incidents if they result in an employee being away from work for more than seven consecutive days however).

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However to avoid problems, the boundaries need to be set by the employer, the office party is an extension of the normal work environment if it is held at a separate venue or outside of the normal working hours. Employers can be held responsible for employee actions. It is important that employers communicate to its employees what is and isn’t acceptable at any work social events.

Employees should be aware they could face disciplinary action for any breaches of disciplinary rules including dismissal for gross misconduct following unacceptable behaviour at the Christmas party – they need to understand it is not acceptable to tell their boss exactly what they think of them and expect to get away with it just because they had a little too much to drink!!

Likewise, employers also need to ensure their managers behave accordingly and must be careful not to let their guard down by being overly social or using alcohol as an excuse to speak freely. Employers should consider drinking arrangements, for example if there is a free bar, consider limiting the arrangements and organising transport home for employees as employers could be liable for the welfare of their employees if they suffer alcohol-induced accidents.

Employers should also make a decision in advance to what leniency will be extended on the day after the party if it is a working day, Health & Safety should be at the forefront of the employers mind for example employees driving to work after having transport home the night before and employers should not expect employees to operate machinery if they are not fit to do so.

It’s important to remember it is a Christmas party and employers should not put the dampener on the festivities as this could have a negative effect and ruin the atmosphere of the party. Providing the employer takes reasonable steps to prevent unacceptable behaviour; employees must also take responsibility for their actions.

Rachael Walsh-Grant
HR Services Manager
December 2013

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The range of legal obligations placed on employers with respect to health and safety is extensive. The particular obligations which apply in any given case will depend on the activities carried out by the company, the extent of the risks posed by these activities and other factors such as the number of employees. The main obligations imposed by the HWSA 1974 and the regulations include the following:

• Employers are responsible for ensuring the health and safety of their employees and those that are affected by their activities so far as reasonably practicable (sections 2 and 3, HSWA 1974)
• An employer must assess and review the work-related risks faced by its employees and by others affected by the company’s activities. This risk assessment must be “sufficient and suitable” (regulation 3, the regulations)
• An employer must make and give effect to appropriate arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures (regulation 5, the regulations)
• An employer must audit the adequacy of these procedures (regulation 3, the regulations)
• One or more competent persons must be appointed to implement the measures needed to comply with health and safety law (regulation 7, the regulations)
• An employer must provide its employees with understandable and relevant information and training on the risks they face and the preventive and protective measures to control those risks (regulations 10 and 13 of the Regulations and the Health and Safety (Consultation with Employees) Regulations 1996)

Employers with over five employees must also:

• Produce a written health and safety policy
• Describe the arrangements for putting the policy into practice
• Bring the policy and any revision of it to the attention of employees
• Revise the policy whenever appropriate (section 2 and section 3, HSWA 1974; regulation 2, Employers ‘ Health and Safety Policy Statements (Exception) Regulations 1975)
• Record appropriate arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures (regulation 5, the regulations)
• Record the significant findings of risk assessments and any group of employees identified by it as especially at risk (regulation 3, the regulations)

Despite the moans and groans of those employers who bemoan the health and safety red tape, it is clear that a safer working environment is better for everyone including those with an eye on company profits. Not only are the prescribed fines for breach a real deterrent, but employees can pursue a claim in a tribunal if they think that their employer has not provided them with a safe place of work.

If you are worried about whether or not your agricultural business complies with health and safety legislation and would like to talk to someone,  please get in contact with us today.

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