“Can you highlight the obligations on farmers in relation to health and safety requirements for construction projects? With the level of construction taking place on farms under TAMS funding, farmers should be made aware of the risk involved if they do not comply with the law and an accident takes place. Can you outline the steps and procedures required for farmers to protect themselves?”
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, re-wiring a building, re-slating 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 projects supervisor construction stage (PSCS) as defined in the Construction Regulations 2013.
A PSCP 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 and check out such insurances for 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 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 who can check the contractor’s insurance details for you.
Construction by direct labour/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 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
“Can you highlight the obligations on farmers in relation to health and safety requirements for construction projects? With the level of construction taking place on farms under TAMS funding, farmers should be made aware of the risk involved if they do not comply with the law and an accident takes place. Can you outline the steps and procedures required for farmers to protect themselves?”
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, re-wiring a building, re-slating 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 projects supervisor construction stage (PSCS) as defined in the Construction Regulations 2013.
A PSCP 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 and check out such insurances for 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 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 who can check the contractor’s insurance details for you.
Construction by direct labour/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 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
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