Hi-Viz - Duty of Care to Grooms and others exercising your horse

P

PeterNatt

Well-Known Member
Joined
15 July 2003
Messages
4,732
Location
London and Hertfordshire
s68.photobucket.com
If anyone else is riding or handling your horse as part of their employment then the employer has a 'Duty of Care' for them. This includes Grooms and anyone else riding or handling your horse whilst in their employment.

To ensure that they are not found liable or partly liable for any injury they receive in an accident whilst riding or handling your horse they should provide them with what is technically known as a "Foul Weather High Visibility Warning Coat." together with instructions to wear it at all times whilst riding or handling your horse on a public highway or public right of way or anywher else where they need to be visible (such as through the yard car park or where machinery may be).

A High Visibility Warning Coat is in effect a waterproof High Visibility coat with arm length sleeves so that hand signals can be seen from a distance.

Not all Hi-Viz Warning Coats comply with the required standards so the standards they should comply with are listed below.

The directive and standards are:
Directive 89/868/EEC which include British Standards BS EN471 1994 Class 3 Area of Flourescent Colour Background and Retro Reflective Tape, BS EN471 Class 2 Retro Reflective Tape Performance and pr EN343 Class 3 (Highest) Water Penetration.

They should also bear the CE mark in it's recognisable form which demonstrates that it complies with the relivent legislation.

It would also be considered sensible to provide anyone else riding or exercising your horse with one of these jackets together with written and dated instructions as when to wear them so that in the event of an accident you have been seen to have taken the precaution of provided them with the correct protective equipment.
 
Not many people realise that you could have trouble getting an insurance company to pay out if you have an accident on the road and you are not wearing 3 items of hi-viz (2 on the horse and one on yourself) It could be argued that the lack of hi-viz was a contributory factor in the accident.
 
[ QUOTE ]
Not many people realise that you could have trouble getting an insurance company to pay out if you have an accident on the road and you are not wearing 3 items of hi-viz (2 on the horse and one on yourself) It could be argued that the lack of hi-viz was a contributory factor in the accident.

[/ QUOTE ]

As much as I think it's imperative to wear hi-vis, there was an article in H&H about this not long ago. There is nothing in the higway code about wearing 3 items of hi-vis - in fact I'm sure the only thing in there is that you should wear light clothing OR hi-vis. (Unless that bit's been updated in the new version). If it's specifically in your policy (which is unlikely) it might apply, but hacking is only a very small part of the risk taken by insurers so I doubt very much that wearing hi-vis would have an effect on your policy.
 
I don't see why hi-viz should be compulsory when a driver can drive from age 17 to 70 without any mandatory retesting of their eyesight

At least 3 people I know are short-sighted and still refuse to wear their glasses or lenses for driving as they can "manage fine without them"

also afaik there is no testing of the eyesight of drivers causing major accidents - lots of stuff on mobile phones, drinking, drugs, eating marsbars but not eyesight
 
What about duty of care to the groom when they are riding horse out in the middle of summer in one of these coats and they then pass out from heat exhaustion!
 
My horse was killed in an RTA 5 years ago (my friend was riding her and I was on my other horse). It was a bright sunny evening and we were both wearing front brushing boots with reflective straps and light/ white tops but no hi-vis as it wasn't dusk. The car hit us from behind on a straight section of road as he claims to have been dazzled by the sun in his eyes. I'm not 100% sure a tabbard would have made the difference but I WISH we had both been wearing them as it MIGHT have saved my pony's life and believe me having to live with wondering that is enough to make me NEVER leave the yard without a tabbard and high viz/ refelctive on all 4 legs.
I do think it should be the law for all horse riders and cyclists riding on roads to wear hi-viz so that there's less of a stigma attached to wearing it, as we all have to do it. No-one thinks twice about wearing a hard hat do they?!
 
I wear hat-band, tabard or long-sleeved coat in hi-viz and horse has it on all 4 legs and would do that whether it's the law or not.

Unfortunately, whatever we do as riders, as long as we have national speed limits on our country lanes, arrogant *rseh*les treating said lanes as racetracks and a police force who have no interest at all when riders report drivers for dangerous driving, then accidents will always happen.

BigBird146, what happened was a terrible thing, but you shouldn't beat yourself up about what happened to your horse - the low sun can be an entirely different thing and your tabbard still may not have been seen. The onus is on the driver - if he couldn't see, he should have driven to suit the conditions and slowed down enough so that by the time he saw something in front of him he was capable of stopping - which he obviously didn't.
 
OMG... no disrespect Peter as I'm a fan of yours as you keep us informed - but What? Talk about nanny state - how ridiculous?!?! So grooms are supposed to put these "special" hiviz jackets on to lead a horse across the yard from the stable to the arena??? It's just not going to happen... and it double -bugs me that they're "special" jackets - so this implies further cost to employers - the world's gone bloody mad!!!
mad.gif

frown.gif
frown.gif
frown.gif

Kate x
 
[ QUOTE ]
Unfortunately as long as we have national speed limits on our country lanes, arrogant *rseh*les treating said lanes as racetracks and a police force who have no interest at all when riders report drivers for dangerous driving, then accidents will always happen.

[/ QUOTE ]

My horse was killed in a RTA, the ass###e ploughed into the back of me. He told the police he SAW US but thought he could get round us before the on coming car came past, needless to say my horse took the brunt of it and ended up with no hind legs. I do think hi-viz is a good thing, but there are still to many bad drivers on the road it wouldn't matter what you wore. Think what i am trying to say wear your hi-viz but don't think you are safe just beacuse you have it on.
 
Yes, the driver did get done for driving without due care, 7 or 8 points on his licence and a couple of hundred quid fine... didn't stop him being a taxi driver ferrying mini bus loads of kids around though!!
I don't 'beat myself up' too much, I totally blame him, just can't help wondering 'what if' and wouldn't want anyone else to be in the same position!
 
Peter
What are the recommendations for hot weather?
I use one of the above jackets in cold/wet weather but in summer use a waistcoat/lightweight bomber jacket (unlined) for private use or even a bright yellow polo shirt
I remember the Hi Viz standards being discussed at BHS Scotland Safety Conference
 
What I was trying to bring to your attention is that if a yard employs people who ride or handle horses where motorised vehicles or machiniry is used (such as on the roads, the yard car park or for instance a farm environment then they should be each provided with a High Viz long sleeved jacket manufactured to the appropriate BS standard. Unfortunately there are many jackets sold that are not manufactured to the appropriate British Standard. so it is important to check. I would also suggest that it is also prudent to supply it to anyone that rides or handles your horse for you just in case they have an accident and subsequently make a claim from you as a result of the injuries they sustain. Sadly it does happen as sadly covered in a number of articles in Horse and Hounds recently. As long as a yard supplies protective wear of the appropriate standard and documents it's issue (gets a dated signature of the employee to whom it is supplied) and together with instructions to wear it and ensure that they are seen to enforce that it is worn when appropriate then they have done everything within reason to ensure that their employees are protected.
 
Hot weather is an issue and as an employer one would be looking at supplying a long sleeved lightweight version to the appropriate British Standards for those conditions.

Getting slightly off-topic as regards low bright sunshine I am afraid that this is one of the most dangerous situations to ride out in as sadly the low bright sun does dazzle drivers (especially if they have dirty windscreens). This is no excuse for them not slowing down or stopping when they are dazzled but it is important to try to avoid going out on the roads in these conditions as I know of so many riders and horses that have been killed as a result of low bright sunshine. For anyone that has lost a horse, friend or aquantance in these conditions I am very sorry for you.
 
You must log in or register to reply here.
Top