John Kushnick, Legal Operations Director at National Accident Helpline 

“Two farmers have been fined for health and safety failings after a dog walker was fatally crushed by cattle, underscoring the severe consequences of inadequate safety measures. Beyond financial penalties and legal battles, the emotional toll of such incidents is immeasurable. This case is a stark reminder that ensuring the safety of not only employees but also the public must be a top priority in the farming sector. Anyone passing by a farm – whether they work there or not – faces significant risks, from moving vehicles to livestock, whose unpredictable behaviour can lead to fatal incidents, as seen in the tragic case of David Clark. Employers must recognise their duty of care not just to employees but also to contractors, suppliers and the public that might be affected by their operations – and legal action plays a crucial role in holding companies accountable and deterring future negligence.

 Conducting thorough risk assessments is crucial to mitigate hazards. The first step is to identify risks. Farmers should walk around the farm, observe how people work and how members of the public might encounter potential hazards, and learn from past accidents to uncover less obvious risks. Consulting workers can also be invaluable, as they may notice hazards others have overlooked. Additionally, it’s important to consider long-term health risks, such as exposure to harmful substances, which can affect both farmers and nearby residents.

Risk assessments should be dynamic, living documents that are actively reviewed and updated as new risks emerge. Embedding safety into daily operations not only prevents accidents but also improves efficiency and reduces financial strain. Incidents can result in lost productivity due to time-consuming legal proceedings, substantial legal fees and compensation payments, all of which can disrupt revenue. Investing in robust safety measures and proactive risk management not only saves lives but also minimises long-term liabilities.

Beyond risk assessments, other key safety measures include comprehensive training for farmers on how to respond to public safety risks and maintaining constant awareness to identify and mitigate emerging hazards. A proactive approach to farm safety is essential in preventing devastating incidents and ensuring the well-being of both workers and the public.”