Law firm Napthens advises farmers on staying safe when working with livestock

Incidents involving livestock are one of the most common causes of death on British farms. The agriculture sector occupies 71 per cent of the UK’s land, covers 17.2 million hectares, and records the highest number of fatalities per 100,000 farm workers.

This is more than any other industry sector, making farming a dangerous profession.

People are 21 times more likely to be killed in a farming incident over any other industry sector, with an average of 26 deaths occurring each year. Death or injuries also includes members of the public (including children), who encounter livestock in fields with public access.

Andrew Holden, partner and head of rural business at law firm Napthens, said the growth in farm areas, an increase in machinery size and power, compounded by a smaller workforce, all influence the current risk profile in everyday farming.

He said: “Traditional practices, an absence of safety roles and a lack of awareness to responsibilities, all threaten modern farming and drive this call for action to champion farmers and influence safety with the aim of reducing the number of significant or fatal incidents.”

And Gary Buckett, head of health and safety at employment law firm AfterAthena, part of Napthens Group, explained that recent prosecutions highlighted failures in the implementation of safety arrangements, with observed trends identifying unsafe conditions from the inadequate separation of livestock and the public being a major factor to the significant number of deaths.

In May 2024, a farmer was given a six-month suspended custodial sentence in West Yorkshire, and in 2020 an individual was fatally injured in Wakefield following an incident involving attacking livestock, along with a second injured party sustaining life changing injuries.

Gary added that upon investigating, regulators found that the farmer had failed to address their responsibility to protect everyone that encountered the farm. They identified a primary activity associated to the situation as being an area where livestock and people came into contact with each other on public footpaths.

A similar scenario occurred in 2016, when a farming business was ordered to pay £107,000 in costs.

He said that the investigation concluded that the business decision to move a herd during a holiday period, increased the likelihood risk factor to the public using footpaths. Inadequate controls were implemented, and the failure to warn people of the impending livestock was determined.

Gary added that awareness and training are vital to keeping everyone safe and the Your Farm - Your Future resource offers simple, practical advice for working safely with livestock, to protect everyone who may come into contact with their farm. This includes:

· The handler

· The animal

· The equipment

· Public access

What can farmers do to help?

Livestock are territorial, and overprotective towards their young. Therefore, practicable safety solutions should be factored into the routine practices to avoid increasing the likelihood of people coming in direct contact with the animals, especially those who are not skilled or experienced.

Gary stressed that regular maintenance and inspection of the equipment is an essential part of any operational capability, with a focus on equipment handling, and well-maintained gates and fencing. Farm workers should also always consider their escape route and ensure they never become cut off from their route at any time.

The review of public information may need to consider ensuring adequate signage is in place to warn public of the dangers at key points e.g. cross points, feeds and water sources.

Key Safety Topics are further enhanced on the HSE website, providing additional guidance to boost a farmer’s toolkit in promoting a stronger understanding of responsibilities to themselves and others while undertaking their daily activities when working with livestock to keep everyone farm safe.

Andrew said creating positive change should not impact British farming by becoming a financial barrier or impose additional expense. Implementing positive change should be carried out with these factors in mind.

A brief pause to review the farm layout and look at the potential to removing public access touch points with the livestock, may be simpler than first thought.

Simple adjustments to promote a safer environment, as far as reasonably practicable, can be made relatively quickly and without much or any cost.

He explained that removing the ‘this is the way we’ve always done it’ is imperative if we are to implement a positive change to safety around our farms.

Andrew concluded: “Seeking modern, simplified actions to create a positive impact on the current incident record and build greater recognition for the farming industry sector will deliver a significant contribution to boost an industry sector that is bigger than the motor trade, education and, finance and insurance in the UK economy.”