A farmer was fined €1,500 and the same amount again in costs at Carlow District Court on 2 July for breaches of health and safety legislation. This prosecution was as a result of an accident that occurred on a farm building which was under construction near Tullow, Co Carlow, in November 2018.
A farmer was fined €1,500 and the same amount again in costs at Carlow District Court on 2 July for breaches of health and safety legislation.
This prosecution was as a result of an accident that occurred on a farm building which was under construction near Tullow, Co Carlow, in November 2018.
A self-employed roofing contractor suffered personal injuries while installing roof sheets on the agricultural building under construction. The farmer pleaded guilty to the charge, in that he failed to appoint a project supervisor construction stage (PSCS).
Health and safety obligations
The Safety, Health and Welfare at Work Act 2005 places a legal duty on employers to prepare and work to a safety statement or, in a situation where there are three employees or less, a risk assessment document.
However, not many farmers may be aware that when they carry out construction work on their farm, such as building or extending a shed, rewiring a building, reslating a roof, etc, they need to satisfy further health and safety obligations.
The Safety Health and Welfare at Work (Construction) Regulations 2013 apply to all construction projects and place obligations on clients and designers to ensure that safety and health is taken into account before work begins.
Outbuildings constructed by a single contractor
The farmer must request the contractor to confirm in writing that they are performing the roles and responsibilities of PSCS as defined in the Construction Regulations 2013.
A PSCS appointment form is available from the HSA and most insurers. The farmer must be satisfied that each designer and contractor appointed has adequate training, knowledge, experience and resources for the work.
The farmer should also request and retain details of insurances for the contractor engaged. This means that the farmer should seek written confirmation of the insurances in place. This should include public liability, employers’ liability and indemnity to principals clause under both employers and public liability.
Indemnity to principals means that the contractor’s insurers will indemnify (cover) the farmer in respect of liability incurred to independent third parties arising directly from the services performed by the insured contractor.
Employing contractors who have their own insurances may not protect your legal liability if you are drawn into a claim arising from an accident for which you, as a farmer, may be deemed responsible.
You should discuss this with your own insurer or insurance broker who can check the contractor’s insurance details for you.
Construction by direct labour or multiple contractors
Outbuildings constructed in this manner expose farmers to more significant potential legal liability in the event of a claim arising from accidents on site and, therefore, farmers need to take a more active role in ensuring that a safe site is maintained.
A PSCS must be appointed for the whole project or each contractor must be appointed to take on the role of PSCS for each individual stage for the project, such as groundworks, steel erection, roofing, etc.
The farmer’s responsibilities include:
Identifying health and safety issues during the construction project.Checking all workers and contractors engaged are experienced and competent in the works they are participating in and have safe pass and construction skills certification scheme (CSCS) cards.Ensure that a safety and health plan, a risk assessment and a method statement for each project are prepared. When the work is completed, it is important that a safety file is written up where required.Farmers should also request and retain details of insurances for any contractor engaged.
Penalties
Most offences, including breaches of the 2013 regulations, may be tried either in summary proceedings in the district court, where the maximum penalty is €5,000 per charge and/or up to 12 months imprisonment, or on indictment in the circuit court, where the maximum penalty is €3m and/or imprisonment for a term not exceeding two years.
The 2005 Act places a duty of care on employers, self-employed farmers and farm workers to do what is reasonable to ensure safety on the farm.
The benefits of complying with the law far outweigh the effort involved in doing so and I would urge all concerned to familiarise themselves with an advisory booklet for farmers entitled Build in Safety available on the HSA website at www.hsa.ie.
Disclaimer: The information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan, Agricultural Solicitors does not accept responsibility for errors or omissions howsoever arising. E-mail ameehan@farmersjournal.ie.
Read more
Legal Matters: 'Permission to cross cows over my field'
Legal: promise of property under a will
This is a subscriber-only article
SHARING OPTIONS: