FARMERS have been warned that under the tough new legal regime for workplace health and safety breaches, they could be convicted of corporate manslaughter if someone dies in a farm accident, and face unlimited fines or even imprisonment.

To help raise awareness of these changes to the law, Carlisle-based H and H Insurance Brokers will be running special drop-in sessions for rural and farming businesses, with the first being held at Wooler mart on Wednesday September 7.

This will be followed by other surgeries taking place at marts across northern England and the Scottish Borders over the next few months.

Under previous legislation, lower courts rarely imposed custodial sentences and could only fine individuals up to £20,000 – but this is no longer the case, as H and H's Patrick Quigley explained: “From February, those found guilty could face unlimited fines or imprisonment, therefore it is particularly important that both farmers and businesses operating in the rural community are made fully aware of these changes, and understand the steps they can take to protect themselves against such charges.

"It is vitally important that they are aware of the risks and are adequately covered for any such occurrence. For example it is the time of year when most on-farm machinery is operating at full throttle, so the risk of injuries increase, which in itself brings additional health and safety risks.

“There have also been a number of cases reported where members of the public have been crushed by cattle; this is another potential issue, which needs to be addressed."

According to the Health and Safety Executive, over the last decade, one person a week has been killed in the agricultural sector and many of these deaths have occurred as a result of breaches in health and safety regulations.

Said Mr Quigley: “The way such cases are dealt with has been reviewed and the sentencing council is introducing new penalties. In the future, there could be very harsh consequences for any farmers or farming businesses that are found guilty and it is now even more important that they are properly insured against all risks."

Under the new penalties, company directors, officers or even employees of a business can be personally prosecuted, and as such could be jailed for up to two years. It is now anticipated that business with turnovers of up to £2 million could face fines of up to £450,000, – however the amount of the fine could rise dependent on the company’s turnover.

Mr Quigley added: “The stiffer penalties imposed could now have a huge impact on farming businesses and our aim is to offer these surgeries, which will provide one to one sessions to help prepare and support farmers to ensure that they are adequately covered for all eventualities.”