The farm is a workplace, so farm owners need to ensure all safety measures are in place to safeguard employees and contract workers, farm visitors, and family members. Statistics show that among the most common accidents are trips and falls, incidents with livestock and machinery accidents. The farmyard is the area where many accidents, some fatal, occur.
Farm Owners’ Legal Obligations
Similar to other obligations that employers have to their employees and farm visitors, The Safety, Health, and Welfare at Work Act, 2005 sets out the duties and responsibilities of farmers. Principal among these is the Duty of Care owed by farmers to others visiting or working on their farm.
Duty of Care
The Act needs to be carefully read to ensure compliance, but its main points are:
- That the farm must be a safe place to work.
- Ensure that the farm has in place safe work systems.
- Training for employees
- Farm machinery: is safe to use, properly maintained, and only qualified workers permitted to use them.
- Protective clothing: where necessary, farm workers should be provided with appropriate protective clothing.
The responsibilities, however, are also on the farm workers (employees) to ensure the legislation is complied with by complying fully with instructions of their employer.
Farm Safety Statements
This a legal obligation that all farmers must display in writing and give to all farm workers and also all independent contractors who work on the farm.
The statement will identify hazards on the farm and give an assessment of the risk of injury associated with the hazards in order to minimize any accidents. However, farms with three or less employees are exempt from the Farm Safety Statement requirement.
Consulting your solicitor is always the best course of action for any farmer in doubt of his/her legal obligations.