Need2Know: Health and Safety when crossing private farms

Unfortunately, in recent years, many landowners have been reluctant to allow walkers access to their land because they worry they will be liable for people’s safety.

Understandably, farmers don’t want to be accountable for ill-prepared people walking over their land, and getting lost or injured.

The good news is that, for the most part, they are not responsible. It’s not their duty to make sure trampers are safe. The Health and Safety at Work Act 2015 does not impose this legal liability on farmers and forestry owners.

When farmers grant access to recreational visitors across their farm, or forestry owners through their forest, they should warn of workplace risks and hazards. These could include such things as tree-felling, blasting, earthmoving machinery, or pest control. But it does not include the ordinary, non-work related hazards that walkers would expect to see.

This ‘obligation to warn’ relates only to parts of the farm or forest that visitors will be walking on. There is no need to warn visitors about hazards that are not on or near a route they will be using. There is no need to warn about natural features like bluffs, landslides, rivers and wasp nests.

If a visitor trips over a tree-root or stone, the farmer or forestry owner is not responsible for the walker’s accident.

Farmers and forest managers can ask walkers to obey safety rules. These might include speed-limits or wearing protective gear.

Not enough people know that farmers and forestry owners are not liable for the health and safety of recreational visitors on their land.

They are not responsible for any harm that occurs to a walker from a hazard the landholder could not have been expected to know of. They are definitely not liable for people who are on their land without consent.

They are only legally responsible for ensuring the safety of visitors from work-related hazards. There is no need to warn visitors about workplace hazards that are not on or near a route they will be using.

Normally, this warning only needs to be a sign at the entrance to the property.

While farmers and forest managers are not legally liable for many of the health and safety risk that trampers face on their land, they often feel a strong moral responsibility for other people’s safety.

Most farmers will pull on their raincoat and hop on their quad bike in the middle of the night to rescue a bedraggled tramper who has wandered off-course.

Walkers can ease this burden on farmers and forest owners by being well prepared. Know how to be safe in the outdoors. Take the right equipment, clothing and food.

Be prepared for the weather and don’t be afraid to turn back if you’re uncertain about your safety.

By Stephen Day