E-bulletin report (February/ March 2006)

Child fatalities and major accidents have significantly increased this year. So what’s going on?

In a forthcoming “Farmers’ Weekly” article David Cousins will be considering the interface between hardship in farming families and the increase in the number of accidents to children. Certainly hardship may be an influencing factor. Time constraints and the reduced ability to employ help are concerns but both of these facts have to be measured against the fact that every child accident, that has happened this year, was preventable. Many of these incidents are still under investigation. It is too early to speculate if HSE will take any enforcement action following these accidents.

The expectation is that small children will be most at risk. Whilst this is true, in terms of the close level of supervision younger children need, we do need to remember that even seemingly competent teenagers are vulnerable too. Let us consider one case that has come before the court this year.

HSE has recently undertaken a successful prosecution of a farmer following an accident to his son’s friend. The injured young man has permanent injuries. The circumstances leading to this accident are not unique to this farmer. His son is a keen and capable 14 year old who helps his dad out as often as possible. He has a 16 year old friend who is keen on agriculture and who visits the farm frequently. On the day of the accident the 2 boys were both out on the tractor. Power harrowing was being undertaken. The 14 year old was in control of the vehicle and his friend dismounted, to attend to a call of nature, when climbing back onto the tractor he lost his footing and fell under the rear wheels followed by the power harrow. He sustained serious injuries including both legs being broken: one of which has since been amputated below the knee.

The 14 year old boy was capable of driving a tractor. He had even been trained to do so. The boys were behaving responsibly at the time of the incident. The legal facts are that they simply should not have been on the tractor together and there is no circumstance where it is acceptable for a machine with power-driven soil engaging parts to be drawn by a tractor driven by a 14 year old.

You should note that for the purposes of health and safety law that members of your family can be considered to be employees in such circumstances and therefore you may have the same legal duties to members of your family as you would an employee.

The Health and Safety Commission has produced an Approved Code of Practice (AcoP) entitled “ L116 Preventing accidents to children in agriculture” this makes clears what the main risks are on farms, and, in relation to vehicle operations gives specific detail on what can and cannot be done on farms by children (under 13 years of age) and young people (under 18 years of age).

You may ask what difference would knowledge of the AcoP have made in this circumstance? You are probably be aware that an AcoP is guidance that is recognised by the courts as a means of determining compliance with the law, for example “The highway code” is an AcoP. The stipendiary magistrate in this case, in his summing up, mentioned the importance of farmers being aware of this clear and thorough information on how to comply with the law. Had its advice been applied this accident would have been avoided.

This AcoP requires that a risk assessment for work be undertaken and that specific work is restricted. The individual capabilities of each young person, in terms of their health and safety, must be made before they are allowed to undertake a job. They must be instructed trained and supervised in the task that they are required to undertake. Whilst young people over 13 years old are, once trained, allowed to drive tractors, a responsible adult must closely supervise them. Kerbing teenagers’ enthusiasm to use equipment beyond their capability is a problem that needs to be firmly managed. The AcoP can assist parents & employers in pointing out what they are permitted to do.

If you intend young people over the age of 13 to operate tractors on your farm you should ensure that you are familiar with the AcoP. It is available priced £5.50 from HSE Books and all good booksellers.

Transport accidents do represent significant risks to young people on farms.
Whilst reading this article I would urge you to consider how often you maintain the vehicles you allow your over 13s to drive & operate.

This year transport related child deaths include a two-year-old who fell out of a tractor and a five-year-old crushed against a gatepost by an ATV. Another five year old has suffered major injuries when run over, in a field, by a tractor driven by a family member. A 13 year old was killed when the tractor he was using overturned in his garden. The fact that he was in the garden means that he was not “at work” in terms of health & safety law, but the loss for his family is as great and illustrates that assessing individual capabilities, training, instruction, supervision and maintenance are essential if we are prevent further tragedy in the farming community.

Other child deaths that have been drawn to our attention include a teenager poisoned by pesticide, two teenage boys who died in a barn fire, a child who died from ingesting or absorbing a veterinary medicine and a two-year-old who drowned in a sheep dip.

You are urged to make time to review what you are allowing your children and young people to do on your farm.