Changes to HSE ACT Come into Force Tomorrow

Tuesday 17th March 1998

Farmers, landowners and recreational users have had their duties clarified under an amendment to the Health and Safety in Employment Act 1992, which is expected to come into force tomorrow.

The amendment to Section 16 of the Act, which covers all places of work, will now mean that farmers and landowners only have a DUTY TO WARN visitors, who they have given permission to be on their properties, of any out of the ordinary, significant hazards that may cause them serious harm during their visit.

Workers are still fully covered. The amendment does not change the duties to fully protect the health and safety of people working for the occupier, but seeks to clarify the responsibility landowners and occupiers have towards non-employees, such as trampers, who may enter onto their land or worksite.

"The message that we want to deliver to farmers is that they no longer need to fear prosecution if a recreational visitor is injured and a warning had been given," said Brenda Ratcliff, OSH Strategic Policy Manager

"Consequently, they do not need to shut their properties to recreational visitors," Ms Ratcliff said.

"Under this amendment, farmers and other occupiers only have to warn authorised visitors of dangerous work which the visitors would not normally expect to find, such as major construction work. If the visitors are subsequently harmed by that hazard, the farmer has no liability."

"The amendment makes it clear that farmers and occupiers are not responsible for harm caused by natural hazards such as cliffs or rivers, and have no responsibility for the safety of trespassers or those without permission to be on the property or work site, " said Ms Ratcliff.

"OSH wants to make it clear to landowners, particularly farmers who have raised concerns over their perceived liability, that they do not have any duties to persons using their land for recreational or leisure purposes unless they have given express consent for those persons to be on their land."

Over the coming weeks, OSH will be working with both farmer and recr