Farmers warned over breach of safety rules

Fines are based on business turnover

Farmers have been warned that they are risking severe financial repercussions and even jail because of a lack of knowledge around the penalties for breaches of health and safety.

The UK’s agricultural worker fatality figures are 18 times higher than the allindustry rate, and in Scotland last year five people were killed on farms.

Farm insurance specialist Lycetts has alerted the industry that fines for breaches of health and safety are now based on the turnover of a business.

This means that a farming business with a turnover of up to £2m which is found to have breached the Health and Safety at Work Act 1974 can expect to pay fines of up to £450,000. Businesses with turnovers in excess of £50 million could face fines of up to £10 million and in some cases a two-year prison sentence can be imposed.

Since the new fines were introduced a company in the Scottish Borders was fined £45,000 after a farm worker died in a grain store.

In Dumfriesshire a company was fined £10,000 when a boy had his leg amputated after falling off a quad when it was established that the farm worker had received no training.

William Barne of Lycetts said it was only right that breaches of health and safety were dealt with appropriately.

“Anything to improve health and safety in one of the most dangerous industries is certainly welcomed and supported,” he said.

“But our feedback from farmers suggests many may not fully comprehend how business-critical a breach can be. It is no longer a slap on a wrist and a fine amounting to hundreds of pounds.

“Farmers who are lax with their health and safety procedures can expect to feel the full force of the law.”

Factors including the level of culpability, the risk of causing harm and the level of potential harm, and the turnover of the business are now taken into account when punishments are decided.

Mr Barne added: “These guidelines are meant to act as a deterrent – and farmers should be aware that lapses in judgment, or a failure to take a proactive approach to safety, could cripple their operations.

“Farmers need to prioritise compliance with the health and safety regulations and make sure they are doing all they can do to protect their workers – or face the consequences.”

Farmers who are lax with their health and safety procedures can expect to feel the full force of the law. WILLIAM BARNE

In some cases of health and safety breaches a two-year prison sentence can be imposed.