Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 04 June 2009 10:29:00(UTC)
Rank: Guest
Admin

Posted By Yossarian I note that several of the red-tops (and the other usual suspects) are running an article this morning that H&S is banning fruit farms. Pick you own from the following: http://www.telegraph.co....th-and-safety-rules.html http://www.dailymail.co....y-demands-handrails.html http://www.thesun.co.uk/...y-health-and-safety.html http://www.mirror.co.uk/...-strawb-115875-21413538/ Turns out the real culprits are insurers trying to avoid future pay outs but "H&S" gets the blame again.
Admin  
#2 Posted : 04 June 2009 10:43:00(UTC)
Rank: Guest
Admin

Posted By Stefan Daunt It would appear that they have got themselves in a jam.
Admin  
#3 Posted : 04 June 2009 10:51:00(UTC)
Rank: Guest
Admin

Posted By A Campbell Wonder if the farmer has considered changing insurer for 1 that will give practical advice as well as taking his money too?
Admin  
#4 Posted : 04 June 2009 11:02:00(UTC)
Rank: Guest
Admin

Posted By Yossarian First thing I thought A Campbell too. Ice cream at the thought that the solution is so obvious. Clots! I hope our media team can berry this one. Keep 'em coming... you know it's the only way to stay sane!
Admin  
#5 Posted : 04 June 2009 11:15:00(UTC)
Rank: Guest
Admin

Posted By Raymond Rapp I read the article on my way to work this morning. It is a great shame that due to one individual making a injury claim fruit picking for the public is banned. This is where we need the judiciary, regulators and insurance companies to recognise that you cannot have same level of safety for a farm as would a supermarket car park. There should be some onus on the individual to recognise and accept this as well. Pear shaped springs to mind...
Admin  
#6 Posted : 04 June 2009 11:25:00(UTC)
Rank: Guest
Admin

Posted By Paul Leadbetter It would appear that reasonable practicability is not part of the insurer's equation. Paul
Admin  
#7 Posted : 04 June 2009 11:31:00(UTC)
Rank: Guest
Admin

Posted By A Campbell It must be reassuring that the insurer is taking such a reactive input to assist their customer... I wonder when the proactive help kicks in??
Admin  
#8 Posted : 04 June 2009 11:37:00(UTC)
Rank: Guest
Admin

Posted By Yossarian Indeed, for any such relationship to remain fruitful, the the insurers (and indeed the judiciary) need to sweeten up a bit to the realities of rural life. As an aside - It reminds me of the hullabaloo that the British Mountaineering Council made about the Working at Height Regs. They predicted that in consequence insurers would in the future require fee paying mountaineers to use an alternative safer means of access. Perhaps the BMC had a point.
Admin  
#9 Posted : 04 June 2009 11:49:00(UTC)
Rank: Guest
Admin

Posted By Sara Williams My understanding was that the BMC made strenusous representations on behalf of climbers with regard to these regulations.
Admin  
#10 Posted : 04 June 2009 12:00:00(UTC)
Rank: Guest
Admin

Posted By Yossarian They did (and to my knowledge were reassured at the time by HSE & insurers that such outrageous behaviour would not occur) but someone seems to have gone against that principle here. ...Anyway back to strawberries.
Admin  
#11 Posted : 04 June 2009 12:03:00(UTC)
Rank: Guest
Admin

Posted By NJS Just read the top story, the one in the Telegraph. Could not read any more, but it raised a few issues in my mind: 1: the story is not simply about the insurers taking the easy option. 2: why not put up hand rails and guards around pot holes? if it were any where else these simple measures would be expected 3: the injured lady, must take some blame for bring litigation upon the farm 4: the farm could perhaps say the area is unsuitable for "frail old ladies" the list could go on, and i feel its unfair to suggest that its all being blamed on H&S. Any same person would realise there are numerous parties to blame. Sometimes i think we just get a bit to hasty to judge those that do blame H&S, sometimes they are correct in their blame.
Admin  
#12 Posted : 04 June 2009 12:03:00(UTC)
Rank: Guest
Admin

Posted By Bob Shillabeer Before we all rush off and scream blue murder over this let's look at exactly what the old ladies accident was. Was it involving the farm machinary, or was it just faling into a hole. Both could be controlled by not using machines when the pickers are on site and by filling holes in where the public are permitted to go. If there is something that is specifically dangerous about the site what is being donwe to control that risk, by either preventing people from going there or by taking the risk away. The insurance company is trying to do one of two things in my mind, get more money out of the farmer or trying to get rid of the business because they don't make enough profit from it. Anyway it is not about health & Safety but more about corporate profit.
Admin  
#13 Posted : 04 June 2009 12:37:00(UTC)
Rank: Guest
Admin

Posted By Chris Packham I notice that in one report it was a "health and safety inspector" that recommended the handrails round ditches. Was this an HSE inspector? So not just the insurance company concerned about lawsuits. But was this a qualified inspector, possibly from the HSE? If so, what was the justification? If I go into the country and find a field with ditches, that, to me, is what I would expect as normal. Along the road into my village there is a deep ditch on the verge. Perhaps I should insist the local council fit a handrail along this! If this is to be a standard, then local authorities should close all footpaths until handrails have been fitted to all ditches, etc. Somewhere along the line the concept of common sense seems to have been lost. Chris
Admin  
#14 Posted : 04 June 2009 12:54:00(UTC)
Rank: Guest
Admin

Posted By dangermouse ooo i get so angry when i read these type articles. I work in the agricultural sector and i visit fruit farms all over the country who manage PYO activites perfectly well and to a high standard. At this rate between insurers ,the claims culture of the public, and the newspapers we wont have a farm prepared to open to the public and who could blame them! please ISOH make a statement to these red tops!
Admin  
#15 Posted : 04 June 2009 15:11:00(UTC)
Rank: Guest
Admin

Posted By Neil R please IOSH make a statement to these red tops! Is there any point? many a statement has been released in the past but the papers aren't going to listen, all newspapers create stories to sell papers most of them are utter lies the others are a tiny spec of truth blown up into an utter lie... The problem is that some less than intelligent beings believe everything the paper says, hence the daily mass hysteria that seems to occur, If IOSH or HSE want to try to prevent the impact of these stories then it needs to market the responses to the general public instead of a letter to the editor who's more likely to use it as scrap than print it. The HSE could start by publishing the myth of the month in the red tops and go from there. Sadly when it comes to tabloid gutter stories health and safety is easy pickings (excuse the pun)
Admin  
#16 Posted : 04 June 2009 18:41:00(UTC)
Rank: Guest
Admin

Posted By Phil Rose I haven't read any of the links although I did hear the story on the news on the way in to work this morning. It always 'tickles' me when I see people on here and elsewhere saying that they are going to ask their insurer for advice. Most of the 'advice' that I have seen insurers give has been absurdly risk averse. When we were in the process of transferring ownership of a village pond from the district council to the parish council, the PCs insurers was insisting on fencing all the way around and warning signs. I can't help but feel that insurers (including ours) would do better to put up a more robust fight for some of the more frivolous claims. Unfortunately many have adopted an approach of pure economics and often settle rather than defend a claim purely because the cost of paying the smaller claims is considerably less than defending them.
Admin  
#17 Posted : 04 June 2009 19:01:00(UTC)
Rank: Guest
Admin

Posted By Chris Packham The cost of paying smaller claims is less than that of defending them. Yes, but the accumulation of irresponsible claims that are not properly investigated and contested mounts up and encourages others to follow suit. I am fed up with finding clients where a frivolous claim has been submitted and where it can be easily shown that the claim is not justified only to find that the insurance company settles out of court. Of course, this then results in an increase of premium for the poor employer. Eventually the cost of employer liability insurance becomes excessive. Either the employer then goes out of business or he decides to operate without the insurance, i.e. illegally. Don't believe me? Just ask the Federation of Small Businesses. It is a major concern for them. Chris
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.