Farm building planning: Health and safety obligations

Farmers planning a building project should check their obligations under the Health and Safety Executive’s (HSE’s) Construction Design and Management (CDM) Regulations 2015.

These govern the way all building projects – large and small – should be planned.

The CDM regulations apply whether farmers are using a contractor, or doing work in-house themselves with farm staff, says Mike Horner, senior project manager with Carter Jonas’ rural division.

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© Tim Scrivener

“Once you understand the rules, it’s not actually that onerous, but it’s certainly something to be aware of as it could come back to bite you if you haven’t thought about it.”

If an accident were to occur or if the HSE/local authority were to carry out a spot visit and find a breach of the regulations, both contractor and the farmer client could be liable for fines (unlimited) and/or, in the worst case, a prison sentence.

Penalties depend on the severity of breaches.

The HSE can issue improvement notices for minor breaches, moving up to stop notices, fines and then to prison sentences for the most serious breaches that may have resulted in injury to or the death of a worker or visitor on the site.

Also, the HSE will inspect a site if an operative or visitor reports concerns that health and safety standards are not being met.

Under these regulations, even if a contractor is being used, the farmer, as the client, has certain responsibilities from a health and safety perspective.

“A farmer employing a contractor to convert a farm building or to construct something new, needs to ensure that contractors are provided with the relevant pre-construction information.”

Mike says this should include information on the location of incoming services, an electrical installation condition report (EICR) if applicable, and an asbestos refurbishment and demolition survey.

“Specialist contractors can provide these reports with costs varying from £300-£400 upw(ards depending on the size and complexity of the site,” he says.

It is the client’s or client’s agent’s responsibility to provide the contractor with as much information as possible in relation to potential risks on the site.

“The two most dangerous industries for accidents at work are construction and farming, so the two together can be a potent mix. A ‘safety first’ approach is required throughout any project,” says Mike.

“You need to be satisfied that the person you’re employing is competent to act in a safe way and comply with the CDM regulations.”

Failing to do so could leave farmers at risk in the event of an accident on-site.

Using a contractor approved by certification bodies such as Safe Contractor, Achilles, Veriforce Chas, or others, is a good option, as this gives some verification of their health and safety credentials.

Where work is being done in-house without using a contractor, the CDM rules still apply.

“If it’s not something you’re used to dealing with, it can seem a bit difficult to approach, but there are a lot of independent health and safety advisers around who can provide advice and assistance.

“Again, it’s worth checking their qualifications and affiliations before engaging them.” says Mike.

Risk assessment

“The initial involvement with a health and safety adviser might cost £500-£600 to assess all the risks, produce a risk assessment and talk through your responsibilities, but thereafter it becomes more of a retainer to check nothing has changed.

“It’s a cost nobody really wants to take on, but without it, you are really exposed, particularly if you’re a farmer employing a few workers to do the work themselves.”