PROFESSIONAL SERVICES
What does 2022 look like for the forestry sector? Senior associate Ramsay Hall, senior solicitor Tony Convery, managing associate Kate Donachie and practice development lawyer Julie Keir from Brodies LLP provide an overview of what’s ahead for the sector in 2022
2022 is almost upon us, so many businesses and organisations operating in the forestry sector will be looking to, and planning for, what’s coming in the year ahead. From upcoming changes in employment law through to risks and hazards created or compounded by a shortage of workers, a key theme for the sector in the months ahead is looking after its people and ensuring they have a suitable, safe environment to work in. Below is a run-through of some of the main areas where changes or challenges are expected.
REGULATORY RISKS FROM LABOUR SHORTAGES The forestry sector has always faced a range of regulatory risks, including fatalities, health & safety and environmental.
The current worker shortage, which looks set to continue into 2022, creates a new, additional risk. Unlike in other rural sectors, agencies that supply forestry workers do not need to register with the Gangmaster & Labour Abuse Authority, the UK organisation created to protect vulnerable and exploited workers. This means that there is no straightforward way for forestry businesses to verify the identity of labour suppliers or to confirm that those suppliers are complying with their legal obligations, including in relation to modern slavery and human trafficking. It is therefore important for those who are procuring forestry workers to carry out due diligence on labour suppliers prior to engaging their services. In addition, where a forestry business assumes responsibility for paying workers
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supplied by someone else and/or for arranging their living arrangements, it is important that the business itself takes care to comply with minimum wage and adequate living condition requirements. Failure in this area poses significant risk, not only to a business’ reputation, but also because of the potential for investigation and prosecution for regulatory breaches. Now is the time for responsible forestry businesses to review their regulatory compliance measures.
HEALTH & SAFETY CONSIDERATIONS Although the immediate impacts of labour shortages are perhaps easily appreciated, the longer-term cost of neglecting health & safety measures can be overlooked. A key challenge for the forestry industry in the coming year will be ensuring that health &
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