The Use of Farmers for Winter Service - A Code of Practice
4 Health and Safety Management
By their very nature snow ploughing operations frequently require those undertaking them to work in difficult and challenging conditions, in remote locations, often working alone for significant periods of time. This can be especially so for farmers working on behalf of authorities.
An authority, when considering the employment of farmers for winter service operations, must be mindful of the requirements placed upon them by the Health and Safety at Work Act and other health and safety regulation, in particular the Management of Health and Safety at Work (MHSW) Regulations 1999.
Section 3 of the Health Safety at Work Act 1974 places a duty on every employer to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety. In regard to winter service this means all people using the highway network who may come into contact with those executing winter service operations, and those contracted to undertake the operations on behalf of the authority.
Regulation 3 of MHSW Regulations 1999 places a duty on an employer to assess the risks of their work activities on those undertaking the activities, and those who they may come into contact with them.
It should also be noted that the reporting requirements of RIDDOR will apply to snow ploughing operations undertaken by farmers on behalf of authorities and may fall under the investigatory remit of the HSE, dependant upon the circumstances surrounding an incident.
Irrespective of the existing mechanisms used to procure the services of farmers, whether through a 'self-help' scheme or a tender process, health and safety duties will be applicable and the authority should ensure that the management of the farmers in their employ is compliant.
Authorities should make reference to all relevant health and safety legislation, regulations and codes of practice but this code of practice recommends as a minimum the following is in place:
- documented risk assessments specific to the treatment routes and the operations being undertaken
- safe system of work (taking into consideration such issues as lone working, driver competencies, training, supervision, communication black-spots, route familiarisation, working at level crossings)
In the development of the above the authority should obtain from farmers employing five or more employees a copy of their written health and safety policy. The risk assessments and safe system of work should be shared with the farmers engaged, and may also form part of a training package.
All those involved in the planning, management and delivery of highway maintenance services should receive training and regular updating, as necessary, in health and safety requirements of the service. Such training is of special importance for those involved in winter service and should be provided to all personnel, including temporary contractors. This approach is consistent with best practice and compliant with health and safety regulation.
The authority should consider training provision, its scope and extent, in coordination with the development of the risk assessment and safe method of working. The authority should take into account farmers' existing experience in the use of their machinery, their experience of undertaking similar activities through normal farming activities, and their knowledge of the road network and conditions that they will operate in. The authority should decide the levels of pre-requisite training, as part of defining and demonstrating the minimum level of core competency that the farmer must have before being appointed, and the levels of any supplementary training to be delivered by the authority. In considering the provision of training for farmers, the authority should examine existing training schemes available to them such as the SVQ (Scottish Vocational Qualifications) and the elements of the modules covering winter maintenance, to determine a level of training which is reasonable, proportionate and avoids being unnecessarily onerous.
An example of core competency and training requirements is given below:
| Core Competency | Supplementary Training |
|---|---|
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In the development of any training the potential impact on the farmer's workload and availability to attend training needs to be considered to ensure that any training programme is proportionate, can be practically delivered and does not act as a disincentive to farmers offering their services.
The seasonal nature and relative infrequency of undertaking snow clearing activities creates a risk that the knowledge and skills required fade outside the winter season. The use of tool box talks is a valuable component of training plans and will be especially useful in the provision of 'refresher' training to farmers in order to mitigate this risk. This code of practice does not seek to prescribe the structure and delivery method for tool box talks and it is for the authority to decide on the most appropriate training methods. This code does, however, include example headings for a toolbox talk, which can be found in Appendix B.
It is recommended that winter training provided to farmers is recorded within the authority's own training system.
4.2 The safe use of agricultural vehicles for winter service operations
Ordinarily, vehicles routinely used for winter services operating on the public road network have been designed, or modified, for that purpose and should be compliant with the requirements of the Traffic Signs Manual Chapter 8: Traffic Safety Measures and Signs for Roads Works and Temporary Situations in relation to conspicuity, and the use of beacons. Agricultural vehicles, on the other hand, are not primarily designed for this purpose although tractors are generally well suited to working in snow and ice conditions, have good all round visibility, and are readily modified to carry a snow plough.
The authority should consider the specification of the vehicles to be used but, as a minimum, every vehicle should be equipped with either a roof-mounted amber warning light bar (comprising at least two independent light sources) or two independent roof-mounted amber warning beacons, visible through 360°. The vehicle operators should also be equipped with high visibility clothing to BS EN 471, Class 2 or 3 (Class 3 on motorways or other high speed roads) which should be worn at all times whilst working.