Farm Safety: Fatal injury statistics and HSE inspections and prosecutions
The Health and Safety Executive (HSE) recently published its provisional annual statistics report for 2023/24 regarding work-related fatalities in the UK. Charles Mather, solicitor, and Terry Griffin, consultant solicitor, from our regulatory team look at the key details, as well as the HSE’s national farm inspection campaign and recent cases and prosecutions.
Alarming injury rates
The report may cause concern and provide food for thought for those involved in the UK’s Agriculture, Forestry and Fishing sector, where the rate of fatal injury to workers is 21 times higher than the average rate across all industries.
Whilst the figures are yet to be finalised, the report paints a stark picture the risks posed to individuals working in the agricultural sector, with 23 deaths reported over the period.
Across all industries, falls from a height accounted for the greatest number of fatal injuries, followed by strikes by moving vehicles and objects.
These three kinds of accident accounted for 60% of the fatal injuries to workers across all industries over the five year period 2018/23. Over the five year period 2019/2024, 65% of the fatal injuries in the agricultural sector were to self-employed workers.
As the Deputy President of the National Farmers Union, David Exwood, said recently: “Every number is not just a statistic – it is a personal tragedy”, adding, “we’ve now had 40 years where the fatality numbers have hardly changed”.
These remarks and the statistics highlight the need for greater vigilance when it comes to farm safety, and the persistent high rates of death and serious injury have driven a series of campaigns from the HSE.
National farm inspection campaign
Last year, the HSE announced a national farm inspection campaign in an effort to change attitudes towards safety risks on farms.
The inspection campaign represents a renewed drive from HSE following the Covid-19 pandemic, during which farm inspections were seldom carried out. An increase in inspections has naturally led to an increase in investigations, and it is likely that prosecutions will follow.
It is hoped by the HSE that the inspection campaign will lead to a decline in the numbers of deaths and serious injuries on farms.
The HSE also continues to run its risk specific ‘Your Farm – Your Future’ campaign, which this year is focused on the risks associated with livestock farming.
Aside from the risk of injury and death to individuals, what are the penalties for businesses and employers in the farming industry when corners are cut, or accidents occur?
Examples of recent prosecutions and convictions
At a farm in Surrey, a 26 year old suffered serious injuries when 5 hay bales, each weighing 600kg, fell on top of him in April 2022, crushing him against the concrete floor of a barn.
He suffered fractures to his ribs, pelvis and leg. An HSE investigation found that the stack of hay bales had been poorly constructed on an unsuitable footing, and the bales were not tied in accordance with the relevant HSE guidance (‘Safe working with bales in agriculture’).
F Conisbee and Sons Ltd was prosecuted by HSE and pleaded guilty to breaching regulation 10(4) of The Work at Height Regulations 2005, by failing to ensure that the bales were stored safely. The company was fined £36,000 and ordered to pay £4,986 in costs at Staines Magistrates’ Court.
A site visit by HSE inspectors carried out in November 2022 at a beef and arable farm in Kent identified numerous, serious health and safety failings.
Farm buildings and bull pens were in a state of disrepair, electrical faults were identified in a barn, and in an attempt to keep an insecurely fixed roof in place a straw bale had placed on the roof to weigh it down.
Following an investigation and prosecution by HSE, in April 2024 Seymore Stevens Limited pleaded guilty to breaching its duty as an employer to ensure the health, safety and welfare at work of its employees, in breach of section 2(1) of the Health and Safety at Work etc. Act 1974.
The company was fined £12,000 and ordered to pay £4,430 in costs at Maidstone Magistrates’ Court.
Whilst the penalties may cause financial difficulties for farmers and agricultural businesses, reputational damage may also follow, if the HSE publishes the details of a conviction online, which it frequently does.
Managing health and safety risks
Agricultural businesses should ensure that risks are actively managed, staff are appropriately trained, and HSE guidance is followed wherever possible.
If an HSE inspection or an accident occurs, and an investigation ensues, it is important to seek legal advice at the earliest opportunity to mitigate the risks to the business.
If you are invited to attend an interview under caution by HSE, it is critical to take legal advice before attending the interview.
Harrison Drury’s regulatory team can provide advice and help you navigate an HSE investigation and represent you if you are prosecuted by HSE. If you need support, please get in touch on 01772 258 321.