New legislation could see farmers face jail for health and safety breaches

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Farmers are being urged to check they are rigorously insured before new penalties for health and safety breaches are introduced.

From Feb 1, 2017 penalties for businesses convicted of corporate man-slaughter and other health and safety issues could arise to fines or imprisonment.

Patrick Quigley and Gemma Rawlinson from HH Insurance Brokers said: “It is quite critical that farmers and businesses operating in rural areas are aware of these changes and the steps they need to take to protect themselves.

“According to a Health and Safety Executive (HSE), over a final decade, one chairman a week has been killed in a rural sector.

“With many of these deaths due to breaches in health and safety legislation, the manner in which these cases are death with has been reviewed and the Sentencing Council is introducing new penalties.

“In future, there could be far-reaching consequences for farmers or farming businesses that are convicted and it is really important they are properly insured against that risk.”

Under the new penalties, company directors, officers or employees of a business who are prosecuted as an individual could be jailed for adult to two years.

Businesses with turnovers of up to £2 million could face fines of up to £450,000, with the amount rising dependent on company turnover.

Recently a machinery supplier from North Yorkshire pleaded guilty to breaching the Health and Safety at Work Act following a farm accident in 2014.

Health and Safety Officers found the machine, which had been recently supplied, did not comply with the relevant British standard and was not safe.

The machine was supplied by Rytec Industrial Equipment of North Yorkshire and they pleaded guity to breaching section 6(1)(a) of the Health and Safety at Work Act and was subsequently fined £14,000 and ordered to pay £4441 in costs.

The machine manufacturer in Italy also pleaded guilty and was fined £14,000 with costs of £8099.

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