Cover all bases by identifying risk factors
QI AM expanding my herd from 55 cows to over 100 in the next few months. The additional cows and workload mean I will have to employ extra help, but I am concerned by the additional responsibilities I will have in relation to personal injury claims. I will also be increasing the amount of machinery that will be used so am worried about the risks of this and the potential for a claim against me as the farm owner.
ARights and responsibilities of the farm owner should be close to the mind of all farmers — not just those in expansion mode.
From personal injuries claims to employees’ rights, farmers, like all business owners, need to act to ensure their exposure to claims is limited as much as possible.
Most farm owners take out insurance on their farms to protect against claims for personal injuries, as even minor injuries can result in claims of several thousand euro, along with legal and medical costs also running into thousands.
HEALTH & SAFETY
Farmers often disregard themselves as employers in circumstances where they only hire labour on the farm for short periods or seasonal work.
Regardless of whether an employee is employed on a casual basis or on a permanent basis, there are regulations which apply to the protection of their safety, health and welfare that the employer must adhere to.
As farms are homes as well as workplaces, there are frequently children and young persons in this high-risk environment, either in the family or as visitors. This means children and young persons are at risk of death or injury on farms.
The Code of Practice for Children and Young Persons in Agriculture applies to on-farm work activities and their potential impact on children and young persons.
In many cases, where the farm owner has an insurance policy in place to cover injuries to employees, the Risk Assessment document will be sought by the insurer.
Farmers (although the vast majority are self-employed) must prepare a Safety Statement to comply with Section 20 of the 2005 Safety, health and welfare at work Act.
It must be based on an identification of the hazards and an assessment of the risks. This is to ensure their own safety and that of other persons.
However, farmers with three