The farmer, 78, was given a twelve month community order after he was spotted with the child in the tractor cab, as he fed cattle on his farm, in South Wales.
Video footage was taken by a neighbour and captured the moment of a farmer allowing one of his grandchildren to illegally ride in his tractor which ultimately led to his conviction.
The farmer had already been issued with a prohibition notice by the Health and Safety Executive (HSE) in November 2020 after admitting to inspectors, he allowed his pre-teen grandchildren to ride in his tractor. However, just two months later, he was filmed by his neighbour flagrantly breaching the terms of that notice.
A HSE inspector who investigated the farmer says the law is “very clear”. Children under 13 are specifically prohibited from driving or riding on or in any agricultural machine, including the tractor cab.
At the time of committing the offence, the farmer from Swansea, was already the subject of a suspended prison sentence for unrelated environmental offences. In a case that was heard in August at a Crown Court, he was fined £500 for breaching the terms of that sentence. As part of his community order, the farmer must attend 25 days of rehabilitation.
Agriculture remains one of the most dangerous industries in Britain, with on average around twenty-nine people killed each year. Being killed by vehicles remains the most significant cause of work-related fatality over the last five years.
Unfortunately, children are among those deaths, with it often being the case, that they are family members, with many killed by farm vehicles.
How farmers can keep children safe:
- Children must not be allowed in the farm workplace (young children should enjoy outdoor space in a secure fenced area).
- Any access to the farm workplace by children under sixteen, for education or experience, must be planned and fully supervised by an adult not engaged in any work activity.
- Children under the age of thirteen, are specifically prohibited from driving or riding on any agricultural machine. It is illegal.
- Properly trained, instructed and supervised older children may, in tightly controlled circumstances, be able to help with some straightforward, low risk tasks.
The farmer from Swansea, pleaded guilty to breaching section 33(1)(g) Health and Safety at Work etc Act 1974. He was given a twelve-month community order and ordered to pay £3,000 in costs.
A HSE inspector said: “The law around children being allowed in the cabs of any agricultural vehicle is very clear. For any child to ride on agricultural machinery like a tractor, is unsafe and illegal.
“The fact this farmer chose to ignore a prohibition notice for putting his grandchildren at risk is even more staggering.
“We will act against those who break the law.
“The solution is very simple – young children should never ride in agricultural vehicles.”
Source: HSE
At MBO Safety Services Ltd, we can offer risk assessments and train team members in the relevant areas of health and safety necessary to carry out work responsibly. With our main office in Oswestry, we carry out much of our training here, but we are also able to come to your premises if this is more convenient. Please feel free to get in touch to find out more, we would be happy to help.