Farmers need to be more aware of the Construction, Design and Management Regulations (CDM) 2015, which aim to protect the safety of workers and members of the public during buildings works.

The rules require the person instructing any work to be carried out to manage it from a health and safety perspective, unless they have officially discharged responsibility to a competent person. But even where this is the case, there needs to be paperwork in place. In the event of an accident, if the Health and Safety Executive can’t find the paperwork then the client can be held responsible. There may be many farmers out there who would currently be held responsible for a fatality they really would have had nothing to do with, because they haven’t followed the right procedures. There are lots of cases where people have pleaded ignorance, but that has not helped them.

Penalties for failing to comply with the regulations are typically financial, but the HSE will try anyone found to be in breach under criminal law and if negligence is proven then it can result in a jail sentence.

The regulations are complicated and full of jargon so it is advisable to get professional help, but the main points farmers need to know are:

Why were the regulations introduced?

The regulations were first introduced in 2007 to replace a mass of health and safety legislation which had become onerous. They were updated in 2015 to reflect the fact that more fatalities occur on small construction projects than large ones. The main change was to bring the client into a position of responsibility.

What work do CDM regulations cover?

The regulations apply to all construction projects which are defined as “the carrying out of any building, civil engineering or engineering construction work.” In practice, that means a huge variety of jobs that are regarded as routine on a farm.

It applies to the construction and repair of all buildings on the farm and any renewable energy projects such as the installation of a biomass boiler, solar panels or a wind turbine. It also covers the installation, maintenance, repair or removal of any mechanical, electrical, gas, telecommunications or similar services. Even the cleaning of the windows or gutters of a property is regarded as construction work under the regulations. Equally, the demolition or dismantling of old buildings, or the taking out of old grain or feed bins is covered.

Who is responsible for what?

The regulation defines different roles and sets out specific duties that need to be carried out by people in each role. The farmer – as the person instructing that the work should take place – is known as the ‘client’ and it is the client’s responsibility to ensure that the work can be carried out, so far as it is reasonably practicable, without risking anyone’s health and safety and that welfare facilities are provided. They must also make sure that anyone appointed to carry out work is suitably skilled and experienced and given sufficient time and resources to get the job done.

Is there a difference between work on the farm and work on a farmhouse?

The regulations do make a distinction between commercial and domestic work. Anyone who has work carried out on their own home is regarded as a ‘domestic client’ which means that responsibilities under CDM regulations automatically default to the contractor appointed. This means if you call in an electrician to rewire your house they will assume responsibility for their own safety, so long as it is a job only involving one contractor. If more than one contractor is needed, the job becomes a multiple contractor project which means that duties will need to be actively transferred to someone else if a farmer wants to protect themselves.

How can farmers meet their responsibilities on multiple contractor or commercial projects?

For any work around the farm yard, the farmer needs to make sure that they have formally appointed a competent person to take responsibility for health and safety issues. This can be the contractor, if only one person is being used on a job, although it is important to confirm this in writing. For jobs involving multiple contractors, the farmer needs to appoint what is known as a principal designer and a principal contractor. The principal designer is not a designer in the traditional sense of the word, but takes responsibility for planning, managing and monitoring health and safety issues in the pre-construction phase. They also liaise with the principal contactor working on the project during the construction phase. It is possible for the principal contractor on a project to also be the principal designer, although this is not advised for bigger projects.

What paperwork is involved?

For projects on the farm it is important that the farmer confirms in writing who they are appointing to take responsibility for health and safety issues on their behalf. For projects involving only one contractor this could be in the form of a simple letter which states that you are appointing them to carry out the work and by doing this you have met your responsibilities as the client.

For projects with more than one contractor, there will need to be written confirmation of who is the principal designer and who is the principal contractor. As part of the process, a health and safety file will also need to be created which records useful information to help manage risks, such as fragile roofs, the location of underground services and the nearest place to find medical assistance. It is important that the farmer provides as much useful information as possible to the principal designer or contractor to enable them to draw this file together.

On very big projects – which are classed as those expected to last 30 or more working days and which will have more than 20 workers simultaneously working at any point, or where the project will exceed 500 person days – the HSE must be notified.