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Agriculture (Safety, Health and Welfare Provisions) Act 1956

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Notification and Investigation of Accidents and Diseases

8Notification of, and keeping of records as to, accidents and diseases

(1)Regulations may be made for requiring—

(a)the notification, to such person and in such form and manner as may be prescribed by the regulations of the occurrence, in the course of agricultural Operations, of accidents of such classes as may be so prescribed and of the contraction by persons engaged in agriculture (whether as workers or not) of such diseases as may be so prescribed ;

(b)the keeping, by an employer of workers employed in agriculture, of records of the occurrence, in the course of agricultural operations, of accidents of such classes as may be prescribed by the regulations, being accidents whereby bodily injury is caused to workers so employed by that employer, and of the contraction by workers so employed by that employer of such diseases as may be so prescribed (whether or not notice of the occurrence of accidents of those classes or, as the case may be, the contraction by persons of those diseases is required to be given by virtue of the foregoing paragraph);

and any such regulations may include provision for requiring a notice or record to be given or made in pursuance of the regulations to be accompanied by or, as the case may be, to include such particulars with respect to the matter notified or recorded as may be prescribed by the regulations.

(2)A person who contravenes any provision of regulations under this section shall be guilty of an offence:

Provided that, in any proceedings taken for a contravention of a provision of such regulations consisting in a failure to give notice or make a record of the occurrence of an accident or the contraction by a person of a disease, it shall be a defence for the person charged to prove that he was not aware that the accident had occurred or, as the case may be, that the first-mentioned person had contracted the disease.

9Inquest in case of death by accident

(1)Where a coroner holds an inquest on the body of a person whose death may have been caused by an accident occurring in the course of agricultural operations, the coroner shall adjourn the inquest unless an inspector or some other person on behalf of the appropriate Minister is present to watch the proceedings, and shall, at least four days before holding the adjourned inquest, give to an inspector notice of the time and place of holding the adjourned inquest:

Provided that—

(a)the coroner, before the adjournment, may take evidence to identify the body and may order the interment thereof; and

(b)if the inquest relates to the death of not more than one person, the coroner shall not be bound to adjourn the inquest in pursuance of this section if, not less than twenty-four hours before it is held, he informed an inspector of the time and place of the holding thereof.

(2)Where evidence is given at any such inquest at which an inspector is not present of any neglect as having caused or contributed to the accident, or of any defect in any building, structure, machinery, plant, equipment or appliance appearing to the coroner or jury to require a remedy, the coroner shall give to an inspector notice of the neglect or defect.

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