Prohibitions and limitations in agriculture

• The Prevention of Accidents to Children in Agriculture Regulations 1998
• Prohibitions
• Restrictions
• Operating tractors
• Operating machinery
• Riding on machinery
• Contact with machinery and moving vehicles
• Drowning and asphyxiation
• Falls
• Falling objects
• Contact with animals
• Hazardous substances
• Fire

Children aged 13 years may be employed by their parents or guardians in light agricultural or horticultural work, if authorised by and subject to the provisions of relevant local by-laws.

The Prevention of Accidents to Children in Agriculture Regulations 1998.

Definitions

Child:

under 13 years.

Compulsory school age (CSA):

up to 16 years depending on date of birthday.

Young person:

under 18 years.

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Prohibitions

Regulation 3 - Prohibition on riding on vehicles, machines or implements

(1) Subject to paragraph (2) of this regulation no person shall cause or permit a child to ride on a-

• tractor;
• self propelled agricultural machine
• trailer
• machine or agricultural implement mounted in whole or in part on, or towed or propelled by a tractor or other vehicle;

machine or agricultural implement drawn by an animal,

while it is being used in the course of agricultural operations or is going to or from the site of such operations.

(2) Paragraph (1) of this regulation shall not apply to a trailer in circumstances where the child rides -

• on its floor; or
• on a load carried by it

and where it possesses adequate means for preventing the child’s falling from it.

Regulation 4 Prohibition on driving vehicles and machines

No person shall cause or permit a child to drive a tractor, or self propelled vehicle or machine while it is being used in the course of agricultural operations or is going to or from the site of such operations.

Guidance

Children under 13 years are prohibited from riding on most types of agricultural machines. The exception is riding on the floor of a trailer, or on a load carried by the trailer with adequate means, such as edge protection, to prevent the child falling from it.

A child is not permitted to drive a tractor, or self-propelled vehicle or machine such as an all terrain vehicle (ATV) while it is being used in the course of agricultural operations or is going to or from the site of such operations.

These case studies provide some useful insights into the dangers that can face children in the agricultural sector.

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Restrictions

A risk assessment must be carried out before the young person starts work.

Situations where children and young people are particularly at risk are listed below. Also identified are tasks and operations that are too hazardous for children and young people to undertake. These are based on assessments of the inherent risks associated with the tasks, and analysis of accident statistics.

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Operating tractors

What is the risk?

You must take into account the young person’s lack of experience, limited awareness of risks, and physical and mental immaturity.

How to avoid the risk

A young person aged 13 or over should not be permitted to drive a tractor or self-propelled machine unless:

• they have the strength to operate the controls with ease;
• all the controls are conveniently accessible for safe operation by the young person when seated in the driving seat;
• the controls which operate the power take off (PTO), hydraulic devices and engine cut-off are clearly marked;
• the tractor is maintained so it is safe for them to operate;
• the ground over which the tractor is driven is free from hazards such as steep slopes, excavations, river banks, lake or pond edges, deep ditches and similar areas;
• they have received adequate instruction in the safe operation of the particular tractor they are driving and fully understand the purpose of all the controls and the effect of their improper use;
• they are closely supervised by a responsible adult.

A young person aged 13 or over should not be permitted to ride an all terrain vehicle(ATV) unless:

• the ATV is of an appropriate speed and size;
• they have received formal training.

Also you must ensure that:

• no other child or young person is on the tractor;
• other than for the purposes of supervision or instruction, no other person is on any trailer or other equipment being towed; and
• no members of the public, for example those present on the farm during farm open days, are in the immediate vicinity.

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Operating machinery

What is the risk?

There are certain types of machine which have a high level of risk due to the components involved, complex control systems, the substances used in them or the specialist knowledge required to operate them safely.

How to avoid the risk

Young people of CSA should be prohibited from driving, or operating the following:

• Towed/self-propelled harvesters and processing machines (except those machines designed for operation by people in addition to the driver, and the young person is on the operating platform and under the supervision of an adult).
• Trailers and towed machinery with built in conveying, loading or spreading mechanisms.
• Power-driven machines incorporating cutting, splitting, grinding or crushing mechanisms (including chainsaws).
• Chemical applicators of any sort, including hand-held equipment.
• Machines incorporating power-driven soil engaging parts.
• Ditching and drainage machinery.
• Materials handlers including skid steer loaders, lift trucks and track-laying vehicles;
• Powered grain and slurry - carrying machinery.
• Powered feed - preparation equipment.

This list is not exhaustive. In addition they should not be allowed to help operate, maintain or clean these machines (unless the machine and its component parts are stationary, isolated and the keys have been removed) or any machinery of a similar nature or with similar risks.

Examples of machines and operations that may be suitable for young people include:

• using a low-powered tractor with trailed roller or harrows on level grassland with no ditches;
• operating a pedestrian-controlled slurry or manure scraper; and
• helping to man a potato harvester on the inspection grading platform (not in the driving position).

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Riding on machinery

What is the risk?

Children under the age of 13 are prohibited from riding on most types of agricultural machines. The exception is riding on the floor of a trailer, or on a load carried by the trailer with adequate means, such as edge protection, to prevent them falling from it.

How to avoid the risk

Children under the age of 13 are prohibited from riding on most types of agricultural machines. The exception is riding on the floor of a trailer, or on a load carried by the trailer with adequate means, such as edge protection, to prevent the child falling from it.

A young person of CSA should not be allowed to ride on any tractor or trailer except:

• on the floor of a trailer, or on a load carried by the trailer with adequate means, such as edge protection, to prevent falling;
• on a properly designed and fitted passenger seat, with seat belt, inside a safety cab or frame;
• on a temporary seat on a trailer if the trailer is fitted with sides or guard rails on all four sides;
• during the loading of bales onto the trailer; or
• during the manual loading of materials onto a trailer.

A child should never be allowed to ride on a trailer when materials are being loaded onto it and the trailer is in motion.

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Contact with machinery and moving vehicles

What is the risk?

Contact with machinery and being struck by moving machines is a major cause of accidents to children and young people on farms. To reduce the risk of accidents, you need to assess the situation and apply the appropriate control measures.

How to avoid the risk

Where vehicles are moving around the farm and the risk of contact with children and young people is high, you should make arrangements to prevent them having access to that part of the farm. The most effective way of preventing access is to erect fencing or barriers.

In the very few cases where this is not practicable, you should consider the following options:

• Reduce the vehicle movements.
• Reduce the speed at which vehicles move.
• Put up signs reminding drivers that children and young people are in the vicinity and they should drive with extra care.
• Avoid blind reversing by using a banksman or guide.
• Supervise the children and young people.

Where practicable, drivers of vehicles also need to be made aware of, and follow, these simple precautions:

• Check that children and young people are not in the area before getting into the vehicle.
• Maintain a safe speed.
• Ensure that it is possible to stop within the distance you can see to be clear (especially important around corners or when approaching obstructions).
• Apply the parking brake.
• Lower mounted equipment to the ground.
• Stop the engine.
• Remove the starting key and lock or otherwise secure the tractor.

Machine operators should do their best to keep children and young people away from the machines and the area they are working in. If a child or young person enters an area from which they should be excluded, operators should stop work until it is safe to continue and report the incident to the employer or parent if appropriate.

Children and young people living or working on the farm need to be told about the hazardous areas from which they are excluded, the hazards from moving vehicles and other dangers they need to look out for. Children visiting the farm, and if appropriate their parents, also need the hazards and precautions explained to them.

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Drowning and asphyxiation

What is the risk?

Many deaths of children and young people on farms result from asphyxiation, including drowning. These accidents occur when they gain entry to areas such as:

How to avoid the risk

To prevent this type of accident you need to stop children and young people getting into such areas. Think about the possible ways you can do this. Do not underestimate their ability to get into seemingly inaccessible places, or their curiosity, and do not assume that because an adult would not wish to enter, the same applies to a child.

If your risk assessment indicates this is a problem, you should consider the following precautions:

• Securely fence all lagoons, reservoirs etc.
• Securely cover all pits (eg grain pits and sheep dips) and manhole covers to prevent children falling into them.
• Keep entrances to buildings containing silos/grain bins locked, except when work is going on.
• Avoid stacking bales etc in a way that allows children to enter otherwise inaccessible structures.

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Falls

What is the risk?

Children and young people’s natural curiosity often leads them to get into the upper levels of buildings and high structures such as silos and stacks of bales. As a result, many injuries are caused by falling.

How to avoid the risk

The most effective way to prevent this type of accident is to restrict children and young people’s ability to enter these structures. Make fixed ladders inaccessible by blanking the rungs (eg by securing a scaffolding plank across them), or pull the ladder out of reach. Remove portable ladders so that they cannot be used to enter hazardous areas.

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Falling objects

What is the risk?

Children can be killed or injured by objects such as wheels or gates falling on them. In some cases the objects would not seriously harm adults, so it is easy to overlook the risks they pose to children.

How to avoid the risk

Secure, or lay flat, heavy items of machinery and equipment which could fall, so they cannot injure children.

Where stacks of bales, pallets or timber are stored, take precautions to prevent children gaining access. If fencing is impractical (eg when cordwood is stacked in a forest), the stack should be built so it cannot collapse.

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Contact with animals

What is the risk?

Animals do not need to be aggressive to seriously harm or even kill a child. A playful bull, cow, sheep or pig has the potential to cause serious injury. Animals can also carry diseases which can be passed to humans (zoonoses). These include diseases such as Orf ( Contagious pustular dermatitis) , which causes skin lesions, and E coli 0157, which may cause serious diarrhoea or death.

How to avoid the risk

The most effective way of reducing the risk to children from animals is to keep children away from them, or to allow contact only when they are under the direct supervision of an adult.

Children should not be allowed to enter, even when accompanied by an adult, enclosed pens housing the following animals:

There may be good educational and developmental reasons for encouraging children and young people to have contact with animals. In some circumstances you may wish to allow children to enter enclosed yards housing the following animals. This should only be permitted if the children are under the direct supervision of an adult and the animals are not accompanied by newborn young:

To limit the risk of children being affected by zoonotic diseases, the following precautions should be taken:

• Discourage children from putting their fingers in their mouths.
• Do not allow them to eat or drink during or after contact with animals, their faeces, or areas which animals have soiled, until they have washed their hands thoroughly with soap and clean water, using a clean towel to dry them.

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Hazardous substances

What is the risk?

Although young people and children are not at any greater risk than adults from hazardous substances such as dusts, it is unlikely they will have the maturity to comply with the necessary control measures such as wearing respiratory protective equipment (RPE).

How to avoid the risk

Young people and children should be prohibited from working with veterinary medicines and pesticides. All hazardous substances kept on the farm must be securely locked away at all times unless the substances are directly and continually supervised.

It is advisable to restrict young people from those work areas where it is not possible to control hazardous substances by other means than RPE.

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Fire

What is the risk?

Children are most at risk from fire on farms when they are playing on stacks of hay or straw. They will make dens in the stacks, which can catch fire, either from the children setting light to them, or from natural causes.

How to avoid the risk

Check for evidence of children playing around, in, or burrowing under stacks. If you see signs of such activity, take appropriate action to prevent it from happening again. In some cases it may be necessary to fence off the area, or contact parents and ask them to keep their children away.

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