The Animal Health and Welfare (Scotland) Act Fulfilling your passion for for horses horses

Transcription

1 The Animal Health and Welfare (Scotland) Act 2006

2 Part 1 - An Overview Part 1 updates and amends 1981 Act to provide additional powers to prevent the spread of disease E.g. Supplementary slaughter powers Powers to issue biosecurity codes Powers to make veterinary tests and take samples Powers to license gathering of animals and birds Extra powers to seize and dispose of carcases and other materials New offence deliberate infection of animals or birds New offence acquiring or taking possession of diseased animals or birds

3 Part 2 Animal Welfare In this section, animal is defined as any vertebrate, except man Protected animals defined as any animal that: Is of a kind that is commonly domesticated in the British Isles Under the control of man on a permanent basis Not living in a wild state

4 Part 2 Owners and Keepers Responsibility for an animal lies with the person who cares for it on a day-to-day basis Thus a keeper (e.g. livery yard) is liable under the Act However, an owner ALWAYS has responsibility Persons under 16 cannot be responsible for an animal An individual does not relinquish responsibility for an animal by abandoning it

5 Part 2 Inspectors Under the Act The Act confers power under the Act only to certain people Key power is held by Inspectors appointed by the Local Authority (or, less commonly, Scottish Ministers) Police do have some powers unlikely to use them SSPCA are designated inspectors

6 Part 2 Section 19 Unnecessary Suffering Replaces the offence of cruelty Can cause unnecessary suffering by: An act Omission of an act Failing to prevent the actions (or omissions) of another person In all cases, the person responsible must know, or should be reasonably expected to have known, that the act, or omission, would cause suffering NB. Inflicting pain is not, in itself, enough to constitute causing unnecessary suffering e.g veterinary procedures

7 Part 2 Section 24 Ensuring Welfare of Animals Under Section 24 owners/keepers have a duty of care and responsibility to ensure that the welfare needs of their animals are met which include: Providing a suitable living environment Providing a suitable diet Allowing the animal to exhibit normal behaviour patterns As required, to house with or apart from other animals Protecting the animal from pain, injury, disease and suffering.

8 What is an owner/keeper responsible for? Examples of needs not met Providing a suitable living environment Fields - Inadequate fencing, deep mud with no hard standing, dangerous farm machinery left in fields, ragwort infestation, Incorrect tethering. Stabling - unsafe stabling, no ventilation/day light, no exercise. Providing a suitable diet insufficient forage, overweight pony in a field of lush grass, significantly under or over weight equine. Allowing the animal to exhibit normal behaviour patterns showing distress due to no equine/animal companionship, no provision for exercise, insufficient forage. House with or apart from other animals weak horse being bullied and not getting share of food, inappropriate mix of equines e.g. stallions wintered in a barn together. Protecting the animal from pain, injury, disease and suffering inflicting injury, not seeking treatment for injury or disease, inadequate hoof care and dental care, no worming programme. CODE OF PRACTICE SECONDARY LEGISLATION

9 Care Notices If an inspector is of the opinion that a person is failing to comply with section 9(1) taking reasonable steps to ensure the welfare of the animal he may serve on the person a notice which specifies the concern, along with; - The steps he considers needed to comply with the provision - A specified time period for the taking of those recommended steps (cannot prosecute under Section 24 in this time period) - Explanation of the results of non-compliance - An inspector may extend, or further extend, the compliance period specified in an improvement notice as required. - NB. NON-STATUTARY CARE NOTICES

10 Part 2 Section 27 Licensing etc. of activities involving animals Equine establishments!

11 Part 2 Section 29 - Abandonment Provides a specific offence of abandonment in two ways: If they abandon an animal for which they are responsible in circumstances likely to cause it unnecessary suffering If they leave unattended an animal for which they are responsible and fail to make adequate provision for its welfare

12 Increased Powers for Inspectors The Act makes it more straightforward for Inspectors to: Take possession of an animal Dispose of animals (via the courts) Destroy animals immediately (with veterinary certification) Seize animals where a disqualification is breached

13 Penalties etc. Under Section 24 up to 6 months imprisonment and / or a fine of max. 5,000 Under Section 19 (unnecessary suffering) up to 12 months imprisonment and / or a fine of max. 20,000 Disqualifications can accompany all types of offence in addition to other penalties length dependent on court Needn t just be a disqualification from owning could be working with animals or even riding / driving

14 Summary The Act changes the whole ethos of animal welfare legislation prevention is now more central Little specific to horses Codes of Practice will not themselves be law but may be used in prosecutions Local Authorities do not have to have an animal officer Act is still very new Few cases gone to court Workings still being explored Implications and ramifications unclear

15 Passports and Microchipping

16 New regulations came into force July 1 st 2009 Not just about microchipping although this applies to ALL newly identified horses

17 Points to be aware of: Livery yard owners (keepers) of horses have a duty to ensure that all horses on their yard have an equine passport. Failure to do so is an offence Only an owner can apply for the passport livery yard owner s duty to satisfy themselves that horse is correctly identified before accepting the client Offence for a vet to treat a horse without seeing (and completing as necessary) the passport Passport must accompany the horse on ALL journeys Passport needs to be available for veterinary treatment and within 3 hours if required for inspection (e.g. stabled horse, hacking out etc)

18 Health and Safety and Accident Reporting

19 What You Must Do The Health and Safety Executive sets out 11 steps that all businesses must comply with. 1. Register your business if necessary Not required for equestrian businesses 2. Take out Employer s Liability Compulsory Insurance Must come from an FSA approved insurer Certificate should be displayed in a place visible to staff

20 What You Must Do 3. Appoint a competent person Could be you, an employee or an external consultant Occupational Safety and Health Consultants Register (OSHCR)

21 4. Write your health and safety policy Sets out general approach, objectives and arrangements in place for managing health and safety. Who does what, when and how - describes how you will implement and monitor your health and safety controls. Compulsory to be in writing for 5+ employees Template available from HSE and samples from BHS Approvals

22 5. Assess the Risks The law says you must assess and manage the health and safety risks of your business. In a risk assessment, you carefully examine what in your work could cause people harm. This will determine if you have taken enough precautions, or if you should do more to prevent harm. Assessments should be prepared for each activity undertaken throughout the establishment hacks, XC etc etc All working practices for all employees of all categories Visiting professionals (farrier, vet) etc should have their own assessments but it is the proprietor s responsibility to ensure that these are in place No one right way to do a risk assessment help and guidance available from HSE website or BHS Approvals (samples)

23 6. Provide facilities Must provide a safe and healthy environment for all employees. Must take account of their welfare needs. This includes people with disabilities. Eg. you must provide toilets, washing facilities and drinking water, and you need to think about factors in the working environment like lighting and temperature.

24 7. Train your workforce The law says you must train your employees to work safely, and clearly instruct them in their duties. Everyone who works for you, including self-employed people, needs to know how to work safely and without risks to health. So you need to train them to be sure they know: what hazards and risks they may face; how to deal with them; and any emergency procedures. Health and safety training should take place during working hours and must not be paid for by employees. You must keep records of all training to so that you can see when it might need to be repeated. You should consult workers or their representatives to make sure training is relevant and effective. Training should be repeated from time to time if the work it relates to is only done occasionally. For example, if someone fills in for someone else when they are away; a process is not often done; or emergency procedures. Supervision You need to make sure that new, inexperienced or young employees are supervised.

25 8. Consult your workforce Needs to be a two way discussion 9. Display Health and Safety Poster If you employ anyone, you must display HSE's health and safety law poster or provide a copy of the HSE leaflet The poster includes basic health and safety information - lets people know who is responsible for health and safety in your workplace. You must display the Poster must be displayed where your workers can easily read it, and it must be in a readable condition. You must also include some contact details, for example of your local enforcing authority.

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27 9. Understand RIDDOR 10. Keep up to date

28 Accident Reporting Essential to keep an accident book / use accident report forms even for minor injuries. Use basic forms available from HSE BHS Approvals supply report forms Certain incidents must be reported to HSE under RIDDOR Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (1995) Incident Contact Centre Can also report via or website Very serious incidents out of hours:

29 What Should Be Recorded? The term accident is vague. Best to work off the following definitions: Incident any unplanned occurrence that leads to damage to property or equipment Accident any unplanned occurrence that leads to the injury of staff or other persons, including diseases or medical conditions contracted as a result of activity on the yard Dangerous Occurrences RIDDOR Near Miss any unplanned occurrence (except Dangerous Occurrences as above) that does not lead to injury of personnel or damage to property or equipment, but may have done in different circumstances The law requires all mishaps in the UK to be reported to the employer, and specific serious mishaps to the HSE.

30 Employer Responsibilities Employers / managers are responsible for ensuring that: All mishaps are recorded in the accident reporting system The accident report book / forms are monitored regularly Mishaps falling within the scope of the RIDDOR regulations are reported to HSE Mishaps reportable to HSE, and other mishaps with serious implications, are investigated Recommendations arising from investigation reports are acted upon

31 Data Protection Accident reporting MUST comply with data protection legislation The accident report book should be easily accessible but any completed slips kept in a lockable container If the victim is over 18, keep records for 3 years In the case of a child, keep until they have reached 21

32 What Should be Reported Under RIDDOR? Reports should be made by person in charge of premises Things to report: Deaths Major injuries Reportable over 3 day injuries Reportable diseases Reportable dangerous occurrences Reportable gas incidents

33 Reportable Major Injuries Fracture, other than to fingers, thumbs and toes; Amputation; Dislocation of the shoulder, hip, knee or spine; Loss of sight (temporary or permanent); Chemical or hot metal burn to the eye or any penetrating injury to the eye; Injury resulting from an electric shock or electrical burn leading to unconsciousness, or requiring resuscitation or admittance to hospital for more than 24 hours; Any other injury: leading to hypothermia, heat-induced illness or unconsciousness; or requiring resuscitation; or requiring admittance to hospital for more than 24 hours; Unconsciousness caused by asphyxia or exposure to harmful substance or biological agent; Acute illness requiring medical treatment, or loss of consciousness arising from absorption of any substance by inhalation, ingestion or through the skin; Acute illness requiring medical treatment where there is reason to believe that this resulted from exposure

34 Reportable Over Three Day Injuries Injuries that are not major but result in person being off work, or unable to do full normal duties, for more than 3 days Applies to employees or self-employed people working on the premises Must be reported within 10 days

35 Reportable Diseases Full list here: Examples include skin cancer, farmer s lung, tetanus, some poisonings, TB etc. For full information on what is reportable see here:

36 BHS Approvals

37 Becoming BHS Approved Why? Attractive to clients demonstrates the standard of the yard Marketing through BHS website and yearbook etc Support from BHS HQ, Approvals Inspector and Local Development Officer Rating helpline VAT helpline Business support helpline (PAYE, HR issues etc) May get 25% off insurance premiums (depending on claims history) pay for the cost of approval Prevent litigation by being up to date on child protection, health and safety etc.

38 Becoming BHS Approved How? Riding schools must have held a licence for 6 months before applying Form in information pack complete and return We will contact your referees (one must be your vet) Inspector visits and produces a report May make recommendations of work needed before Approval but remember the inspector is on your side

39 BHS Approvals New System Tiered system requested by proprietors Approved Commended Highly commended All establishments must meet criteria in the following categories: Horse welfare First aid equine and human Grassland management Compliance with relevant government legislation Staff / client accommodation Riding outside the premises

40 BHS Approvals New System Status assessed on a number of optional extras under the categories: Customer Care Working procedures Riding Facilities Show Jumps Cross Country Course Stabling and turnout Tack rooms Feed rooms Yards to receive commended or highly commended in each category dependent on how many criteria they meet

41 Contracts Essential between livery yard owner and clients Sample contract available in BHS Approvals pack Protect yourself e.g. if fees are not paid Remember issues like damage to facilities etc.