Greene & Greene highlights the importance of risk assessments

Bury St. Edmunds-based solicitors Greene & Greene have moved to offer help to businesses underlining the importance of the risk assessment process.

The firm has provided two real-life case studies to highlight the significant expense that can be avoided just by identifying the potential problems and applying common sense when doing so.

Farming partnership

A farming partnership decided to start using a sloping field, which had previously only been used for arable purposes, for outdoor pig rearing. No risk assessment was prepared.

The pigs denuded the field of vegetation, compacting it at the same time, meaning that during heavy rain, water could not be absorbed by the ground. This resulted in considerable run off that flooded an adjoining hamlet on more than one occasion, significantly damaging the nearest residential property.

The net result for the farming partnership and its insurers was a requirement to relocate its pig rearing operation to land slightly further away and to meet substantial costs and expenses in excess of £100,000 associated with the claim raised by the residential property owner.

Glass for recycling

A company's operations produced glass for recycling and contaminated glass for landfill disposal.

A lack of clarity in the company's otherwise well written combined glass disposal and risk assessment policy resulted, through an unfortunate chain of events, in a mixed load of glass being delivered to a glass recycling centre.

The processing of the load ultimately led to the suspension of the recycling centre's operations and the need for a decontamination programme before recycling could recommence.

The company met all the associated costs as well as a fine that resulted from subsequent Magistrates Court proceedings following an Environment Agency prosecution, a total outlay, again, well above £100,000.

The lessons to be learnt here are to recognise that risk assessments serve an important function; to ensure that they apply to all activities that may have environmental consequences; that they are unambiguous; subjected to a clarity test and reviewed regularly to enable them to remain relevant and understandable.

For further advice regarding a business's risk assessment policy to avoid potential repercussions in the future, please contact Michael Batty on 01284 717414 or michaelbatty@greene-greene.com.