Health and Safety

It is essential that all plot holders follow some simple guidelines to keep themselves safe. This is particularly important when using the power tools and hand tools.

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Introduction

Under civil law anyone involved in managing an allotment site has a common duty of care to ensure that their site is run in as safe and appropriate manner as possible, as set out in the Occupiers’ Liability Act, 1957 (as amended in 2005 to take account of the Countryside and Rights of Way Act).
This duty of care is extended towards all people accessing the site and its boundaries, including staff,
volunteers, members of the public, bona fide visitors and intruders. There are also environmental and animal husbandry laws to be observed.
Carrying out risk assessments is straightforward. Health and safety only becomes unmanageable when
responsibilities are neglected. Everyone needs to take health and safety seriously but it is also important not to become ‘litigation paranoid’. All activities carry an element of risk and allotment gardening is no exception. Please note: the contents of this guide do not provide specific legal advice and it is beyond the scope of this guide to give advice about individual gardening activities.
Never assume what your responsibilities are. If in doubt seek legal advice. Some solicitors work on a pro bono (free) basis.

All about risk assessments

Risk assessments are a simple framework allowing you to identify risks, assess their relative severity and develop a strategy for dealing with them. In the rare case of legal action by an injured party, a written
record of risk assessment and account of action taken to reduce risks could be significant.

Who is responsible for carrying out risk assessments?

Appointing a professional risk assessment consultant is outside the scope of most organisations’ budgets. The organisation with direct management responsibilities for an allotment site is suitably placed to carry out a risk assessment.

What’s the difference between a hazard and a risk?

Terminology can seem daunting but, thankfully, risk assessment is not rocket science. Knowing the difference between a hazard and a risk is helpful before you start. A hazard is something with the potential to cause harm. That potential is always there, e.g. a bonfire will always have the potential to spread and cause damage, and sparks from the fire could burn people or animals. A risk is the likelihood that the harm a particular hazard can cause will happen, e.g. a bonfire will always be hazardous, but as long as it is lit away from property, only appropriate materials are burnt, there is a means of extinguishing it nearby and people and animals are kept at a distance, the actual risk from the hazard remains low.

Risk will increase if these precautions are ignored.

Removing risk

The key to risk assessment is to remove the risk completely or to reduce the risk to an acceptable level. Reduction levels are defined by the grading system in the risk assessment. With a small budget, risk reduction is usually more achievable than completely removing the risks.

How often should a risk assessment be carried out?

Risk assessments should be carried out at least twice per year and whenever circumstances change significantly, e.g. changes to site layout, new facilities installed on site.

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Ground hazards, e.g. broken glass may be hidden by summer weed and grass growth, so carry out one of the risk assessments in winter.

Who carries out the risk assessment?

People often have different perceptions of risk, so at least two (ideally more) people should take part. These people should feel confident and able to tackle a risk assessment without panicking. Try to involve an experienced outside person too, e.g. a committee member. A fresh pair of eyes could pick up on risks overlooked by people familiar with the site. 

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Safety signs

Some risks may be reduced to a safe level by providing informative safety notices, e.g. “Slippery path, proceed with care” or “Pond: please supervise children at all times”. Remember children or some vulnerable adults may not understand signs. Disclaimers do not remove your duty of care and are not legally binding.

Structures

Badly built or damaged structures are dangerous and can be attractive to children playing on the site, e.g. making dens. Greenhouses with damaged frames could collapse on someone; sheds may contain old chemicals and sharp tools; children could become trapped inside. Corrugated iron often develops sharp edges. Ensure greenhouses are kept in good repair and structurally safe. Dispose of hazards regularly and safely. Do not attempt to dismantle larger structures without seeking advice from the local authority.

Two-way communication

A system for volunteers or staff to report day-today hazards and incident is also required, e.g. a list of contacts on your site notice board or a suggestions box regularly emptied. Stop-gaps If there is an unavoidable delay in removing a serious hazard, cordon off the area concerned using hazard tape and safety notices, e.g. “This building is unsafe – risk of falling glass.”

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Fuel storage

Regulations will depend on where you are located in the UK. Contact the Environment Agency, or equivalent agency outside England, for further information. Spillages should be cleaned up immediately. Wear disposable gloves and use sand, cat litter or a proprietary oil absorbent. Contact your local council for disposal details. Spilt oil should never be hosed down or poured into water courses or drains.

Tools and tool banks

Sharing tools is a good way of cutting costs. Organisers of a tool bank have a duty of care to people loaning, borrowing and using tools. Most power tools need specific safety and handling training, e.g. power chainsaws, wood-chippers, strimmers with metal blades and tractors and should not be loaned to anyone without evidence of appropriate/ training/licence. Do not purchase tools before you have addressed training needs. The person authorised to loan tools also needs to have sufficient training. Schedule a regular inspection of all hand and power tools and withdraw any that are blunt (blunt tools are dangerous), have loose handles or are faulty, until they have been repaired. Tools should be stored in a locked, secure container. Only authorised persons should be keyholders of tool stores and a full inventory/recordkeeping system should be in place. Some equipment may have additional storage regulations, e.g. fuel-powered tools may need to be caged inside a separate secure container that does not contain any other flammable materials. 

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Hazardous substances

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Pesticides include weedkillers, rat poisons, fungicides and soil sterilants. If you use them on site you have a duty of care to store, use and dispose of them properly. The general regulation covering all hazardous substances is COSHH (Control of Substances Hazardous to Health) 2002.

See: www.hse. gove. uk/coshh/basics

Under the Control of Pesticides Regulations (amended) (COPRA) (1997) anyone who sells, supplies, stores or uses a pesticide must take all reasonable precautions to protect the health of humans, creatures and plants, safeguard the environment and avoid the pollution of water.

• Pesticides must be sold, supplied and marketed to end-users in the container supplied by the approved license holder and labelled in a manner consistent with the approved license.

• Pesticides should never be decanted into any other type of container.

• Pesticides should be stored well out of the reach of children and locked away.

Guidance on the composition, labelling and packaging of fertilisers can be found on the here. Do not store fertilisers within 10 metres of a watercourse or field drain to avoid nitrate leaching: follow the codes of practice provided by the Agricultural Industries Federation.

Contact the Chemicals Regulation Directorate for further information about regulations governing pesticides. Disposal of pesticides and fertilisers Contact your council waste management department for information on safe disposal of pesticides and fertilizers. Pesticides should never be included in household rubbish burnt, placed in skips or poured into any kind of drainage system or watercourse. Pesticide Action Network UK (PAN UK) is keen to work to reduce pesticide use. Their website gives gardening tips with updates on legislative changes, research and initiatives to reduce pesticide use. Garden Organic provides advice and publications on methods of pest control that do not require pesticides and gardening methods that reduce pest attack.

Ponds and water

Ponds that are planned and maintained properly pose a tiny risk, far outweighed by the numerous benefits to wildlife and enjoyment to people of all ages. Contact your local Wildlife Trust, Amphibian and Reptile Conservation and Pond Conservation about construction and maintenance of wildlife ponds.

Risks from ponds to children

The people most at risk of drowning in ponds are children under three years of age: Risk from drowning decreases as a child’s age and understanding of danger increases. Children should of course be supervised at all times and especially near water. Decisions about ponds lie with the organisation managing the site, although the landowner could have the final say. Decisions about ponds should be made, taking into account the site’s physical layout, level of open access and users. Building a pond on a site with a public right of way raises different issues to one with secure fencing. Size and shape A child is less likely to drown in a pond or water feature that has gradual sloping sides compared to a small one with steep sides. Sloping sides also prevent drowning of mammals that come to drink water. Aim to make ponds shallow and seasonal; 30-50cm at the deepest point is sufficient for biodiversity. Ponds should be allowed to dry out in the shallow margins in summer. Margins will be more visible to children and biodiversity is greatest in warm shallows. In winter use a float to prevent icing-over, otherwise children may be tempted to walk on ice and pond-life will be starved of oxygen.

Planting

Naturally occurring ponds usually have a soft muddy edge with reeds, scrub or other vegetation established on the bank and in shallow water at the edge. This can reduce the possibility of children (and dogs) accidentally running into the pond, so it is good practice to encourage this in the shallow area. Some kinds of blanketing vegetation can look like solid ground. For safety and conservation remove carpets of duckweed and water fern (Azolla). Manage grasses, e.g. Flote Grass (Glyceria) and leave a frill around the edge but not masking the water. Allow a belt of tall reedy vegetation to grow up around the pond. Alternative water features Where smaller ponds or containers are to be used, sloping sides should be incorporated into the design and vegetation should not be allowed to grow over and conceal the pond. Security Low fencing should not be necessary around a pond or water feature unless there is a drop from a wellused edge into deep water. Low fencing around a pond draws attention to the hazard but might not necessarily prevent access to the pond - it is only a partial solution and can lead to a false sense of security. Fencing can provide an additional ‘temptation’ to natural childhood inquisitiveness and a low fence can easily be climbed over or through. If fences must be installed they must be very regularly checked and maintained. Warning signs are rarely needed for most ponds - the people most at risk have not yet learnt to read and should be supervised around water. However, if the water is deep at the edge of the pond (e.g. more than 1.5m) it can cause risk to people of all ages –erect a “Danger – Deep water” sign. 

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Wildlife

Allotment sites can be a crucial haven for wildlife and many species are beneficial to gardeners: thrushes and amphibians eat slugs (but can be killed by slug pellets); certain flowers attract insects that prey on pests.

Garden Organic and Pesticide Action Network UK provide advice on gardening methods beneficial to wildlife. ‘Manicured’ (over-tidy) sites are not beneficial to wildlife. Wildlife areas do not have to be overgrown or unkempt. The allotment has a wildlife area next to the brook. RSPB and the Wildlife Trusts provide free booklets on creating wildlife gardens. RSPB’s website has a detailed guide to encouraging wildlife in gardens. Hazards for wildlife include litter, low-level fruit netting, use of pesticides (especially when incorrect or inappropriate), open drains, slug pellets, mowing, strimming, broken glass and pre-stacked bonfires. Project managers should ensure day - to - day activities on site cause the least possible risk to wild species of birds, animals and aquatic creatures. Certain wildlife, e.g. badgers, some birds of prey and reptiles, have specific legal protection concerning their management and this can across the UK. Contact Natural Resources – Wales, Natural England, NatureScot or DAERA NI for advice about protected species in your area. RSPCA have advice about how to prevent and reduce the spread of litter that is lethal to wildlife. Vermin Vermin infestation is a serious threat to public health; rats carry 70 diseases, including Weil’s Disease (leptospirosis), which can cause human death via contaminated water. Practices that encourage infestation by vermin should be avoided and incidents dealt with immediately. Signs of infestation include burrows, tracks, droppings and observing the vermin. Only proprietary vermin control products should be used. Pesticides should never be used to control vermin.Contact the local council’s Pest Control Officer for advice and to report problems. Risk of infection Humans are at risk of infection from handling animal manure. Always wear gloves when handling any type of manure. Remind staff and volunteers of basic hygiene and to check tetanus boosters are up to date (boosters are required every ten years). The HSE’s Code of Practice should be followed, particularly on any sites where animals are kept and visitors come on site. SF&G has a ‘Clean Hands Zone Toolkit’ available to download from its website including advice on signage and sample signs (see Resources). Contaminated land The true extent of land contamination is unknown. If you have concerns about potential land contamination on your site read ‘A guide for growing on land which may be contaminated’ (see Resources). Personal safety Staff or volunteers spending long periods of time on their own on site should be encouraged to take personal safety seriously and to tell another person where they are going and what time they will be back. Next of kin contact details should be obtained in case they become ill whilst on site. It is a legal requirement to report and keep a record of injuries and near misses that happen at work under the RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). See the HSE website for further information. Contact your local police for information about crime prevention and personal safety. Bonfires There is no law preventing bonfires. ‘Smokeless zones’ refer to domestic chimneys only. The Environmental Protection Act (1990), however, prohibits a statutory nuisance being caused by smoke. Local byelaws and voluntary agreements may also be in force. Risk and nuisance from bonfires can be reduced by simple policies, such as only allowing bonfires at certain times. Your insurance policy may have specific rules about the location, materials burnt and extinguishing of bonfires. Events Open days, BBQs and plant sales can raise funds, build local support and attract new volunteers. Event organisers have a duty of care to everyone attending and working at events. Hold a specific risk assessment in advance of the event, considering these issues: • Whether access to any part of the site or other hazards should be restricted and monitored during the event. • Seek advice about fire prevention, especially where generators, BBQs, cooking/heating hobs are being used. Arrange appropriate fire extinguishers. A fire emergency procedures notice should be clearly displayed at the entrance to the event. • Have a volunteer (qualified) First Aider available, or St John’s Ambulance, for a large event. • Ensure hygiene provisions are adequate for the type of event, especially toilets/ hand washing/drinking water/ sale of food. Consult your council environmental health department. • Check with your insurer that the type of event, activities (including sales), guests and staff are covered on your current public liability insurance policy. Take out additional insurance cover if necessary. Make sure all documents are up to date. • Notify the local authority of the date, time and type of event well in advance and before it is advertised. • Notify the police and traffic wardens of the date, time and type of event; access may become busier and there may be increased parking around the site.

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