20 Jan 2023 Michael John Holmes · Prevention of Future Deaths report West Yorkshire Eastern
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Concerns raised 6 Lack of expertise to assess and control cattle trampling risks on small farms View source Unclear requirements for bringing dogs onto public footpaths near cattle View source Unpredictable aggressive cattle reactions to dogs in fields View source Insufficient oversight and management of public rights of way near grazing cattle View source Cattle trampling hazard when walkers with dogs encounter cows with calves View source Failure to separate walkers from cattle on rights of way View source See 3 more concerns
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Michael John Holmes · Prevention of Future Deaths report
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Report summary
Michael John Holmes died after being knocked down and trampled by cattle while walking dogs with his wife on a public footpath through a field. The report raised concerns about the risks of walkers, particularly those accompanied by dogs, coming into contact with cattle and calves, and about the management and separation of public footpaths from grazing cattle.
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× Source evidence
How this individual concern was interpreted PFD Monitor created a concise, searchable interpretation from the report wording shown below. The report was sent to J A Mitchell & Sons; that does not assign responsibility.
PFD Monitor interpretation Lack of expertise to assess and control cattle trampling risks on small farms
Wider context from the report “4.1. The current potential for a hazard to be created by walkers on public footpaths moving in proximity to a farmer’s grazing cattle, requires management of these competing interests. It was contended at the inquest that the farmer is subject to a statutory duty to carry out a risk assessment in accordance with the Management of Health & Safety at Work Regulations 1999. It was contended that a landowner must conduct his business around the existing public footpath, irrespective of which came into existence first. Whilst not disputing the legal duty imposed on a farmer in these circumstances, the potential mischief left unguarded in that analysis, is that Small & Medium Enterprises (SME’s) such as small family farms may lack the expertise to recognise the problem, carry out an effective risk assessment in relation to cattle trampling risks and devise reasonably practicable control measures.
” Open source report × Source evidence
How this individual concern was interpreted PFD Monitor created a concise, searchable interpretation from the report wording shown below. The report was sent to J A Mitchell & Sons; that does not assign responsibility.
PFD Monitor interpretation Unclear requirements for bringing dogs onto public footpaths near cattle
Wider context from the report “2.1. HSE Information sheet No 17EW (rev1) published 05/19 states the two most common factors in trampling incidents are cows with calves and walkers with dogs. Mr & Mrs Holmes had two dogs on leads at the time. The inquest heard evidence about four previous incidents in the incident field, three of which involved walkers accompanied by dogs. There appears to be a strong correlation between trampling incidents and walkers with dogs.
2.2. The conclusion to be drawn is that cows with calves and dogs do not mix well, particularly when the calves are young.
2.3. Evidence was given at the inquest to the effect that dogs are regarded as a ‘usual accompaniment’ and are thus entitled to be brought onto a Right of Way. This proposition lacks clarity. There is also uncertainty as to whether dogs are required to be on a lead when on a public footpath.
” Open source report × Source evidence
How this individual concern was interpreted PFD Monitor created a concise, searchable interpretation from the report wording shown below. The report was sent to J A Mitchell & Sons; that does not assign responsibility.
PFD Monitor interpretation Unpredictable aggressive cattle reactions to dogs in fields
Wider context from the report “3.1. It is difficult to predict whether a particular cow will react aggressively to the presence of a dog in a field. It was suggested during the inquest, the risk of such a reaction is highest in the months after the birth of a calf.
” Open source report × Source evidence
How this individual concern was interpreted PFD Monitor created a concise, searchable interpretation from the report wording shown below. The report was sent to J A Mitchell & Sons; that does not assign responsibility.
PFD Monitor interpretation Insufficient oversight and management of public rights of way near grazing cattle
Wider context from the report “4.2. To avoid the harm envisaged by further deaths in comparable circumstances, the HSE and Local Authorities should explore ways to apply their expertise in collaboration with landowners (of the type involved in this inquest), whether on a paid or voluntary basis. The maintenance of safe public rights of way could be said to require oversight and management by public bodies as well as the landowners concerned
” Open source report × Source evidence
How this individual concern was interpreted PFD Monitor created a concise, searchable interpretation from the report wording shown below. The report was sent to J A Mitchell & Sons; that does not assign responsibility.
PFD Monitor interpretation Cattle trampling hazard when walkers with dogs encounter cows with calves
Wider context from the report “2.1. HSE Information sheet No 17EW (rev1) published 05/19 states the two most common factors in trampling incidents are cows with calves and walkers with dogs . Mr & Mrs Holmes had two dogs on leads at the time. The inquest heard evidence about four previous incidents in the incident field, three of which involved walkers accompanied by dogs. There appears to be a strong correlation between trampling incidents and walkers with dogs.
2.2. The conclusion to be drawn is that cows with calves and dogs do not mix well, particularly when the calves are young.
2.3. Evidence was given at the inquest to the effect that dogs are regarded as a ‘usual accompaniment’ and are thus entitled to be brought onto a Right of Way. This proposition lacks clarity. There is also uncertainty as to whether dogs are required to be on a lead when on a public footpath.
” Open source report × Source evidence
How this individual concern was interpreted PFD Monitor created a concise, searchable interpretation from the report wording shown below. The report was sent to J A Mitchell & Sons; that does not assign responsibility.
PFD Monitor interpretation Failure to separate walkers from cattle on rights of way
Wider context from the report “1.2. Statistics from the Health & Safety Executive (‘HSE’) indicate that on average 6 people have died each year from injuries sustained in cattle trampling incidents. 11 people died in 2020, one of whom was Mr Holmes. Such incidents are avoidable if walkers and cattle are separated. In my judgment, this unacceptable situation necessitates a review of the arrangements in which walkers are brought into contact with cows and their calves, by virtue of rights of way .
” Open source report