FARMING SCOTLAND MAGAZINE

Page 27

Article

Farm Accidents:

Understanding Your Legal Rights as a Farm Worker According to statistics, around 472,000 people are currently employed within the UK agricultural sector. Whilst working in Farming and Agriculture can be deeply rewarding in many ways, it’s not without risk. Research shows that farming is the second most dangerous industry to work in. Operating heavy specialist equipment and power tools as well as working through challenging weather conditions throughout the year are just some of the factors that increase the risk level. Between 2020 and 2021, 41 farm related fatalities were recorded in the UK by the Health and Safety Executives (HSE). Fatal injuries amongst agricultural workers are high, as they find themselves 18 times more likely to sustain an injury than any other worker, according to the HSE. Together with the team at Watermans Solicitors and their wide experience of personal injury cases, we’ve got a guide to help spread awareness of accidents which could occur on a farm, along with the legal rights of employees working in agriculture. Understanding your rights as an employee Farm workers may be resistant to making a claim or taking time off for their injuries for various reasons, including not wanting to slow down production on their farm. Many people employed within the industry are also selfemployed or are working on a contractor basis. Regardless of your circumstances, you are still entitled to a safe work environment. Every employer has a duty of care to their employees, to uphold safe working practices. Most farms will have insurance to protect both the business and their employees, in the event of

an accident. Legally, an employee cannot be dismissed for claiming against their employer. What every farm employee can expect from their employer Every employer must legally provide the following for their employees: • Safe working environment and methods • Sufficient training • Working equipment Risk assessments should be completed regularly to protect workers. If a fault is flagged by an employee, an employer must assess and resolve the issue in a timely manner. Four common farm related accidents 1. Trips and Falls This is the most common injury on a farm and can come about from uneven or wet ground, resulting in a trip for both workers and visitors. Agricultural workers regularly scale barns, balance on silos, and cut down trees – all presenting a

high risk of injury. Working around slurry pits and storage tanks is highly dangerous too and accidents in these areas can be fatal. 2. Machinery The mismanagement of farming tools and heavy machinery such as tractors and forklifts, can lead to serious injuries, especially if the tools are defective. Many accidents happen involving tractors or operating machinery, resulting in trapped limbs in the mechanism. Noise from tools can also cause hearing damage if workers are not provided with ear protection. 3. Livestock Workers not properly trained to handle animals can increase the risk of accidents. A kick by a bull can be fatal, bites may put someone out of work and herding without experience could result in being trampled on. 4. Exposure to chemicals, asbestos and debris Exposure to debris, asbestos and dust over a long period of time can cause respiratory issues (known as ‘Farmers Lung’) or even cancer.

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Long term exposure to pesticides can also cause rashes, vomiting, and breathing problems. An employer must ensure that proper ventilation is installed and should provide gloves, masks, and other protection for their employees. Sources: h t t p s : / / w w w. s t a t i s t a . c o m / statistics/315866/agricultureworkforce-in-the-unitedkingdom-uk/ h t t p s : / / w w w. f a r m e r s g u i d e . co.uk/dangerous-occupationsreport-2021-farming-isrevealed-as-the-second-riskiestindustry/#:~:text=A%20 new%20report%20has%20 investigated,the%20second%20most%20dangerous%20 i n d u s t r y. & t e x t = O v e r % 2 0 five%20years%2C%20there%20 were,were%20attributed%20 to%20this%20occupation. h t t p s : / / w w w. h s e . g o v. u k / agriculture/pdf/agriculture-fatalinjuries-2021-summary.pdf 27


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Machinery

11min
pages 130-137

Finance

4min
pages 128-129

Life on the Islands

3min
page 126

Scottish Forestry

3min
pages 118-119

People

2min
page 121

Forestry

3min
page 117

Part 3 of Native: Life in a vanishing landscape

7min
pages 124-125

Sunday Roast with Honey Berry Wine

1min
page 127

R.S.A.B.I

2min
page 122

Support for men

5min
page 120

Scottish Land & Estates

4min
page 115

Conservation Matters

5min
pages 113-114

Scottish Game Fair

5min
pages 110-111

Estate

2min
page 112

With Linda Mellor

3min
page 116

Southern Belle

4min
page 109

Edinvale event

1min
page 108

Spinks Smokies

5min
pages 106-107

Hotels and kitchen gardens

5min
pages 102-103

Aquaculture

5min
pages 98-99

Food from the shielings

6min
pages 104-105

Pigs

3min
page 91

Dairy

4min
pages 92-93

Crofting

8min
pages 95-96

The Vet

5min
page 97

Scottish Dairy Hub

3min
page 94

Sheep

3min
pages 87-89

National Sheep Association

4min
page 90

Scotsheep

12min
pages 82-86

Quality Meat Scotland

4min
page 81

Livestock

3min
pages 79-80

Farm Advisory Service

3min
page 77

Science & Technology

2min
page 76

Robotic bees

2min
page 78

Whisky to biofuel

3min
page 73

LBK Packaging

2min
page 28

Farm accidents and workers rights

2min
page 27

Farming for the Climate

3min
page 75

Organics

2min
page 26

Open Farm Sunday

7min
pages 20-21

World Farming

3min
page 22

James Hutton Institute

5min
pages 13-14

Mash and malt

2min
page 18

Ice creams

1min
page 16

Scottish Government

3min
page 19

NFU Scotland

3min
page 23

Growing vegetables on Mars!

3min
page 15
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