Jon-Paul Prigent

Dear Mr Nieto Response to Prevention of Future Death ("PFD") report issued on 26 November 2024 am formally responding for and on behalf of the National Farmers Union ("NFU") to the PFD report issued by you following the conclusion; on 15 November 2024, of the Inquest touching on the death of Jon-Paul Prigent: The NFU understands that it was named in the above PFD report; amongst other organisations, on the basis that the NFU is an organisation with the ability to take actions that could potentially help to prevent similar deaths from occurring in the future Our understanding from the PFD report is that Mr Prigent tragically died, on 30 July 2020, as a result of a laden trailer decoupling from its towing tractor, and that such decoupling is unlikely to occurred if the hitch and coupling components had been checked and maintained to a reasonable standard_ The NFU, first and foremost; offers its sincere condolences to Mr Prigent's family loved ones_ Despite the tragic circumstances, the NFU is grateful to the Senior Coroner for including it in this matter In its capacity as a Trade Association representing farmers and growers in England and Wales, the NFU welcomes any information that can assist its ongoing work to educate its members in relation to matters. The NFU takes health and safety in the agricultural sector very seriously , as shown; for example, by the NFU's role chairing the Farm Safety Partnership. NFU also provides information and guidance to its members via a number of routes, including its website Business Guides and the British Farmer and Grower magazine, as well as a number of electronic newsletters. Although the NFU is primarily a membership organisation, some information on the NFU's website is also accessible to the public, including a number of the NFU's health and safety related features. The NFU has taken , continues to take a number of actions with regard to this specific concern relating to trailer coupling and the wider issue of vehicle maintenance, as will summarise below. NFU safety articles The NFU produces and publishes various resources, including safety articles, which are made available to anybody via our website, not just NFU members. Generally , these public facing documents highlight key legal principles of which individuals working in the industry should be aware. NFU, Agriculture House, Stoneleigh Park; Stoneleigh, Warwickshire CV8 2TZ NFU SUPPORTED BY Tel: 024 7685 8500 Fax: 024 7685 8501 Web: WWwnfuonline com NFU Mutual Registered in England No. 245E have and safety The and

LETTER FROM NFU HQ These resources cover various safety-related topics including the importance of completing regular maintenance checks of vehicles and equipment (including tractors and trailers) , by competent persons, in accordance with legislation and manufacturer recommendations_ The NFU's consistent message is that "employers must check and maintain equipment regularly to ensure that it does not deteriorate and become a risk" These resources include express warnings that wear to tractor hooks and trailer towing eyes "can result in trailer disconnection if not maintained and where necessary replaced" As a direct result of made aware of the tragic circumstances of Mr Prigent's death, the NFU has published a new article entitled Agricultural trailer couplings importance of maintenance" , which provides safety information on the specific issue of coupling mechanism maintenance. This article was published at https Ilw nfuonline comlupdates-and-informationlagricultural-trailer-couplings/ on 6 January 2025_ Further examples of NFU safety articles can be found via the links listed below: https IwwW nfuonline comlupdates-and-informationlessential-information-on-farm-transport-and machineryl#Maintenance https IIwWWnfuonline comlupdates-and-informationltransport-and-machinery-safety-the-importance- of-maintenancel https IIwww nfuonline conlupdates-and-information/stay-safe-and-stay-legal-this-harvestl https IwWW nfuonline comlupdates-and-informationltrailer-buying-quidel To supplement our own guidance publications, where appropriate, the NFU's articles also include links to relevant guidance from the Health and Safety Executive including, for example, the leaflet INDG185 , 'Using tractors safely, a step-by-step as well as relevant guidance published on GOV.uk: Hard copies of such guidance may also be made available by the NFU at other events where appropriate_ NEU checklists The NFU makes available checklists that help users to ensure that their vehicle or machinery is correctly and safely maintained. Examples include: 'Vehicle Health Check' (https IwwW nfuonline com/medialglpaoqtO/vehicle-health-checkpdf); and 'General Trailed Appliance Health Check' (https IIWW nfuonline com/medialbrwi3Oywlgeneral trailed-appliance-health-check-2 pdf) , These documents make it clear that it is the responsibility of drivers and owners to make sure that the equipment used is safe The checklists cover a number of items that should regularly be checked (and fixed by a qualified technician where needed) in order to ensure safety. They are designed to be a prompt; with checks to be completed in line with manufacturers' instructions, legislation and industry guidance. The following items are specifically included on the checklists: trailer hook wear and lock; towing hitches; transport locking devices; braking systems (including parking and breakaway systems); draw bars; electrical connections; and hydraulic connections (including breakaway systems) and piping NFU, Agriculture House, Stoneleigh Park, Stoneleigh, Warwickshire CV8 2TZ NFU supported by Tel: 024 7685 8500 Fax: 024 7685 8501 Web: WWwnfuonline com NFU Mutual Registered in England No: 245E being guide' being

LETTER FROM NFU HQ Educating members NFU regularly highlights the importance of tractor and trailer maintenance when communicating with its members This is often done, for example, within the pages of the NFU's monthly magazines British Farmer & Grower and Farming Wales_ It is also done at various member events that are held throughout the year: Emphasis is put on the significance of conducting daily checks and the need to ensure that the relevant vehicle, machine or appliance is safe and suitable for the tasks at hand, as per the Provision and Use of Work Equipment Regulations 1998. The NFU also regularly stresses the importance of equally efficient braking systems, which will reduce wear on the hitch, with failsafe breakaway systems employed whenever hitched to the tractor: We also address the varieties of hitch types and have published some guidance materials around the importance of good maintenance_ The NFU on an annual basis collates and analyses official figures relating to accidents and fatalities that are connected to agriculture. These statistics are shared with the wider membership, with relevant case studies where possible so as to further evidence the importance of compliance with safety legislation working in line with manufacturers' regulations, suitable training of the machine and communicate the potential impact of poor maintenance. Education, of course, never ends and the NFU's efforts to improve safety within the farming community are, and will continue to ongoing: Please do not hesitate to contact me should you have any queries:

Dear Mr Nieto Inquest into the death of Mr Jon-Paul Prigent – Regulation 28 report.

Thank you for your email and associated Regulation 28 report touching on the death of Mr Jon-Paul Prigent, which was sent to the Health and Safety Executive (HSE) on 3rd December
2024. I am the HSE Inspector with the lead for operational policy in relation to controlling health and safety risks associated with agricultural machinery including tractors and trailers, and have been asked to reply to you on the matters that you raise. It is understood that the tractor and trailer involved in this fatality were not being used for agricultural purposes, but rather by a skip hire company to transport soil.

We note your report was sent to a number of bodies with an interest in this issue. This response will address matters that are within HSE’s areas of responsibility as a regulator, and highlight where matters are more appropriately addressed by other organisations.

Introduction and background Before addressing your concerns directly, it may help for me to outline HSE’s role and areas of responsibility in relation to this matter.

HSE are Britain’s national regulator for workplace health and safety, this includes use of work equipment such as vehicles in the workplace, but would not routinely include use of vehicles on public roads.

Vehicle use, condition and maintenance cross over two areas of legislation: road traffic, which is enforced by the Driver & Vehicle Standards Agency (DVSA) and police forces, and workplace safety which is enforced by HSE and local authorities.

In terms of controlling workplace risk, health and safety legislation is goal setting in its nature, rather than prescriptive, but still requires dutyholders / businesses to meet certain legal

2 standards. The Health and Safety at Work etc. Act 1974 (HSWA) and Regulations made under it require employers to assess the risk from work operations, including use and maintenance of vehicles in the workplace, and provide control measures to reduce these risks, so far as is reasonably practicable.

As well as the HWSA which requires businesses to do all that is reasonably practicable to control work-related risk, health and safety regulations also set out legal duties on businesses. The health and safety regulations covering the use of work equipment such as tractors and trailers is the Provision and Use of Work Equipment Regulations 1998 (PUWER) – a copy of the regulations is available here: https://www.legislation.gov.uk/uksi/1998/2306/contents. PUWER contains a number of legal duties which it places on the dutyholder.

PUWER places a legal duty on all relevant dutyholders to select work equipment that is suitable for the task for which it is used. Work equipment must be used for suitable operations and under suitable conditions. Therefore, when selecting vehicles to move or transport loads, the most appropriate vehicle / trailer should be selected, and the limits of any vehicle e.g maximum loads, should not be exceeded.

PUWER also requires that all work equipment is maintained in an efficient state, in efficient working order and in good repair. The regulations also place duties on businesses to ensure that work equipment which is exposed to conditions causing deterioration liable to result in dangerous situations, is inspected at suitable intervals. Inspections made under PUWER should be recorded by the dutyholder. Any piece of work equipment found not to be maintained in a safe condition should not be used until the defect has been remedied.

To help dutyholders comply with their legal duties regarding the use of agricultural machinery, including tractors and trailers, HSE has published a range of guidance which is freely available to download from our website. Guidance includes, but is not limited to:

• “Using tractors safely” available at: https://www.hse.gov.uk/pubns/indg185.pdf
• “Working safely with agricultural machinery” available at:

• “Using machines safely” available at:

These are just some examples of the guidance freely available to users of agricultural machinery which raise the importance of using suitable equipment for the task at hand, putting in place a safe system of work, properly checking and maintaining trailers to manufacturers specifications (including braking systems and hitch / attachment points), not overloading trailers, the increased risk when using machinery on slopes, operator training, and the underlying importance of planning and risk assessments. The above guidance has been available to those using agricultural machinery for many years and contains sufficient information to enable dutyholders to use agricultural machinery safely.

Those with legal duties under health and safety legislation should be aware of their duties. The Management of Health and Safety at Work Regulations 1999 (MHWR) require businesses to appoint one or more competent persons to assist them in complying with their legal duties under health and safety legislation; this would include legal duties under PUWER.

The robust health and safety legislative framework and associated guidance is in place to both require and enable those using agricultural machinery to do so safely. All of this information is freely available via HSE’s website.

Your concerns

3 You raise the following MATTERS OF CONCERN in your report. I shall address these in turn, set against the background information already provided above:

1. Tractors and trailers driven on roads for “agricultural purposes” are not subject to periodic independent vehicle testing.

As outlined, health and safety legislation does require businesses to select, inspect and maintain work equipment including tractors and trailers to ensure they are suitable for the tasks being carried out and safe for use. Where work equipment is not safe to use it should be taken out of use until repaired.

Periodic independent vehicle testing requirements specifically for tractors and trailers driven on the public road would be a matter for other organisations such as the DVSA to consider.

2. Tractors and trailers driven on roads at below a speed of 25 miles per hour are not required to be fitted with safety features to prevent decoupling.

HSE do not enforce road safety legislation, therefore this matter would be for other organisations such as the DVSA to consider.

3. Basic hitch hook and ring coupling systems for tractors and trailers are very simple and convenient for ease and speed of coupling and use on farms but present clear risk when used on public roads without safety features to prevent decoupling.

Basic hitch hook and ring coupling systems for tractors and trailers can be appropriate for the farm workplace provided they are suitably maintained, and the vehicles are appropriately used by trained persons. The use of such systems for tractors and trailers on the public road would be a matter for other organisations such as the DVSA to consider.

4. Tractors and trailers are increasingly large and carrying heavier loads due to farm consolidation and are correspondingly traveling further distances on public roads to reach more distant areas on larger farms, and agri-business depots and processing sites. The current safety arrangements have probably failed to keep up to date and relevant and were more suited to an era when agricultural use tractors and trailers might simply have been crossing a road to get form one field to another.

It is true that farm machinery such as tractors and trailers can be much larger and more complex than years ago. All farm machinery should be maintained to the manufacturers specifications and used in accordance with instructions in the manufacturer’s handbook. It is for those using agricultural machinery to assess how it will be used, including the environment and put in place suitable control measures to ensure that people are kept safe. Use of agricultural vehicles on public roads would not be a matter for HSE.

5. At inquest I heard expert evidence on the above points, and that other nations, particularly in the European Union, have introduced comparatively robust legislation regarding testing and safety measures/fittings.

With regards to workplace use, the health and safety legislative framework and associated guidance is sufficient and clear in its requirement to use equipment suitable for the task that is maintained in a safe condition. The duty rests with businesses to ensure that where appropriate they comply with legislation such as HSWA, PUWER and MHWR. The legislation has been in place for many years and the requirements are well-known. There are a number of organisations, schemes and providers currently able to carry out

4 inspection of farm equipment, including farm vehicles. In addition, the manufacturers of the equipment may also offer inspection services.

6. At inquest I heard evidence that the fitting of safety features to prevent decoupling is relatively low cost and that there have been previous voluntary schemes to encourage and incentivise these measures.

Health and safety legislation currently requires farmers to take reasonably practicable measures to control significant risk. Using suitable vehicles within their design parameters reduces the likelihood of unsafe conditions.

Dutyholders should assess the risk from the use of agricultural machinery and if there is an increased risk of trailers decoupling from tractors resulting in risk to persons, farmers should take reasonably practicable steps to prevent such an occurrence. It is for the dutyholder to assess the risk and take appropriate steps to ensure that risk is controlled.

Conclusion While many of the MATTERS OF CONCERN raised are more appropriately addressed by other bodies that have received the Regulation 28 report into the death of Mr Prigent, hopefully the outline of HSE’s area of responsibility, the health and safety legislation and guidance already in place has reassured you that HSE is meeting its responsibilities as Britain’s workplace health and safety regulator.