Introduction
All activities carry an element of risk and allotment gardening is no exception. Good gardening is safe gardening. In developing this policy we have taken note of similar policies from other allotment societies. The aim of the policy is, as far as is reasonably possible, to prevent accidents and provide adequate control of health and safety risks.
Our policy, summarised in this document, is implemented through our rules, newsletters, notices and website. We will do our best to ensure that plots let to new plot holders will be free from hazards as far as is practically possible. They will be advised of this policy and their responsibilities for health and safety when they sign their tenancy agreement. An assessment will be carried out annually and appropriate action taken to minimise hazards and risks and, if required, to update this policy. A copy of this policy is kept by the Secretary and is on our website.
Our obligations
Everyone needs to take health and safety seriously and make themselves aware of health and safety procedures and guidelines. Although unlikely, a claim could be made for negligence if an individual suffered an injury because we didn’t take reasonable precautions. It is not possible in English law to exclude liability, for example by way of a notice.
As a group, we have a communal duty to ensure that common areas, such as the public right of way, Community Gardens and main access paths are safe. The law requires that in all these areas we exercise at least a ‘reasonable’ level of care regarding safety.
Under civil law, and as set out in the Occupiers Liability Act 1957, all plot-holders have a duty of care to anyone accessing their plot, and the pathways for which they are responsible. This includes both authorised and unauthorised visitors.
Responsibilities
All Tommy’s Field Allotment Ltd (TFAL) tenants are responsible for their own safety and should adopt good, safeworking practice on site. Plotholders should report concerns about health and safety on their plot, incidents, accidents, near misses etc. to the Secretary. A record of reported incidents will be kept for record purposes by the Secretary
The management committee will oversee Health and Safety issues and review the policy annually. As TFAL has direct management responsibilities, it is best placed to carry out risk assessment and will inform members of issues that are directly relevant to them.
Health & Safety Policy March 2019
Plot holders are responsible for ensuring visitors / non-plot holders comply with TFAL policies. All third party visitors (groups or individuals) to the sites over the age of 18 are responsible for their own safety or, if applicable, parent/guardian or carer; visitors under the age of 18 are the responsibility of their parent/guardian or carer.
Risk assessments
A risk assessment will be carried out once a year where possible before the AGM so that if any decisions are required they can be made at the meeting. The risk assessment will be carried out by not less than two people from the Management committee, including where possible, the Secretary, using the Allotment Site Hazards checklist.
Every effort will be made to walk on paths and avoid walking on plots. A record of risk assessments will be kept by the Secretary and will be made available to anyone who requests it. The persons carrying out the assessment will note and record any high risk hazard during the plot inspections.
Remedial action
Once the risk assessment has been completed it will be taken to the committee who will decide on how to deal with identified risks.
For individual plot holders, who have an identified hazard on their plot, a ‘notice to remedy’ will be sent with a deadline for action and, if ignored, ultimately a notice of termination will be sent in accordance with the tenancy agreement.
Communal Machinery
TFAL equipment can only be used by Management Committee members, who should make themselves aware of the safe use and storage of TFAL’s machines and tools. Visors are provided and it is recommended that these should be worn. No person under the age of 18 is allowed to use the communal machinery powered tools even under adult supervision.
Emergency procedure
In case of an incident where the emergency services are called, the name of the site and the postcode will be posted on the site notice boards.