What responsibilities have I got for contractors on my farm?

Farm legal advice: It is important to note the distinction between an employee and an independent or self-employed contractor

If you are dealing with a contractor you may have potential liability which you may incur as the landowner or duty of care. Picture: iStock

Dear Stephen 

I am a farmer and I have two employees. I also regularly engage contractors, particularly when it gets busy. My understanding is that they are not employees and they are responsible for themselves but do I have any legal or health and safety obligations towards contractors and what happens if there is a dispute between myself and the contractor?

Dear Reader

In respect of any potential legal obligations you have, it is important to note the distinction between an employee and an independent or self-employed contractor.

As to whether you have engaged an independent contractor or whether it is an employee, it would need to be established whether they entered into a contract of employment with you. Was it a ‘Contract of Service’ or a ‘Contract for Services’? 

An employee is normally engaged under an employment contract and you as employer would control how and where the work is carried out and the employee would supply labour only and you would pay them a fixed hourly, weekly or monthly wage.

An independent contractor would typically own their own business and would have control as to how and when the work is carried out and would typically provide their own materials and machinery for a job and would send you an invoice once the job has concluded and you would be responsible for discharging this. 

As you have stated you engaged contractors, more than likely they would not be classified as employees.

In respect of any potential disputes, I would recommend you keep a paper trail and keep records of all correspondence between yourself and the contractor and keep copies of any quotations or invoices that have been sent. 

If a dispute cannot be resolved, you should consider arbitration or mediation, but you may have to consider bringing court proceedings.

If you are dealing with a contractor you may have potential liability which you may incur as the landowner or duty of care you would owe to an independent contractor, which would be governed by Occupier’s Liability legislation in Ireland. Under this legislation, you would owe a duty of care towards any visitors. 

If a visitor was injured as a result of negligence of the contractor on your lands, you potentially would not be liable. Section 7 of the Occupier’s Liability Act 1995 states that you as an occupier of the premises shall not be liable for injury or damage caused to an entrant onto your property by reason of a danger existing on the premises due to the negligence of an independent contractor employed by you, if you have taken all reasonable care in the circumstances — unless you had or ought to have knowledge of the fact the work was not properly done by the independent contractor. 

This could mean you would not be potentially liable as occupier or owner of the lands, if a third party such as a visitor, recreational user or trespasser was potentially injured on your lands and this was a result of a negligent act of the independent contractor. 

However you should be aware of your duties as an employer under the Safety, Health & Welfare Work Act 2005, including preparing appropriate safety statements and risk assessments and it is advisable you have the appropriate health and safety procedures in place.

If you are engaging contractors, it is important you are aware of your contractual relationship with them and that you are certain they are not classified as employees. If a dispute arises between yourself and the independent contractor, you should engage a solicitor to advise you in respect of your legal right.

Stephen Coppinger, is a solicitor practising in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.

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While every care is taken to ensure accuracy of information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.