Does it really matter if I haven't done a risk assessment?

The risk assessment is an invaluable mechanism which should provide a systematic informed evaluation of the risks or dangers associated with tasks performed in the course of work.

The case of Miles vs Parsons provides a useful example of the importance of a risk assessment. In this case, a 14-year-old girl was employed by a newsagent to deliver newspapers on her bicycle. However, during the course of her duties, she was injured in a road traffic accident when a vehicle hit her as she was cycling across a busy road. 

The court took the view that the newsagents were 60% negligent due to the absence of a risk assessment document. The court also found that the newsagent had failed to adequately assess the paper delivery route by taking into consideration the traffic conditions or the general safety implications of the paper round. The court further stated that the newsagent should have planned and prepared an order of delivery that effectively minimised the crossing of the road.

The 2005 Act requires that every employer put in place a statement in writing setting out how the safety health and welfare employees is to be secured. It is integral in ensuring the safe operation of the workplace, assisting in the identification of hazards and highlighting the protective and preventive measures put in place for the purpose of safeguarding all workers.

However, it should be noted that where there are three or less employees, there are less stringent requirements to maintain up-to-date safety statement and instead, allows an alternative solution by observing the code of practice for Preventing Injury and Occupational Ill Health in Agriculture.

Consequently, it is vital that farmers familiarise themselves with the Code of Practice which will enable them to identify potential hazards, assess the risks of each hazard and identify measures that can be put in place to prevent an accident or reduce its impact. 

This can be achieved by, for example, eliminating the hazard, by using artificial insemination instead of keeping a stock bull and reducing the danger, for example, by erecting hazard warning signs and providing personal protective equipment such as gloves, goggles, etc.

Karen Walsh, from a farming background, is a solicitor practising at Walsh & Partners Solicitors, 17 South Mall, Cork, and 88 Main Street, Midleton, Co Cork, and also the author of ‘Farming and the Law’. Walsh & Partners also specialises in personal injury claims, conveyancing, probate, and family law.