What is the Latest Legislation for our industry? A Guide for Land-Based Professionals

Working in land-based primary sectors—such as arboriculture, forestry, agriculture, and horticulture—comes with significant operational rewards, but also strict legal responsibilities. Whether you are felling timber, operating machinery at height, or applying plant protection products, adhering to health and safety law is vital to protect workers and maintain compliance.

At LBS Training & Assessing Ltd, we help operators, contractors, and businesses stay compliant through accredited NPTC City & Guilds and Lantra training. Below is a comprehensive breakdown of the core legislation and recent regulatory updates impacting the primary industries.

1. Machinery and Equipment Safety (PUWER)

The Regulation: Provision and Use of Work Equipment Regulations 1998 (PUWER)

PUWER mandates that all equipment provided for use at work must be suitable for its intended purpose, maintained in safe working condition, and operated only by individuals who have received adequate training and instruction.

Key Impacts on Arboriculture & Forestry:

• Chainsaws, Stump Grinders & Woodchippers: Under HSE guidance, any person operating a chainsaw or machinery (such as stump grinders or woodchippers) in a commercial setting must hold recognised accredited qualifications.

• Pre-Use Checks & Maintenance: Daily inspection records and ongoing maintenance regimes are mandatory legal defenses under PUWER in the event of an incident.

  
  

2. Working at Height & Aerial Operations

The Regulation: Work at Height Regulations 2005 (WAHR)

Work at height remains one of the highest-risk activities in arboriculture and tree care. WAHR requires employers and self-employed contractors to avoid work at height where possible, and where work cannot be avoided, to use appropriate work equipment to prevent falls.

Key Legislative Requirements:

• Two-Rope Working System: Health and Safety Executive (HSE) rules require arborist tree climbers to utilise a two-rope working system (primary climbing line plus a secondary back-up line/rope) during tree climbing and tree cutting operations.

• Aerial Rescue Certification: Operators working from ropes/harnesses or Mobile Elevated Work Platforms (MEWPs) must be trained in emergency aerial rescue procedures (e.g., City & Guilds NPTC Level 2 / Level 3 Aerial Rescue).

3. Lifting Operations & Arboricultural Equipment

The Regulation: Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)

LOLER applies to all lifting equipment used in primary sectors, including climbing harnesses, carabiners, strops, rigging ropes, pulleys, and MEWPs.

Statutory Requirements:

• Thorough Examination Cycles: Arboricultural climbing and rigging gear must undergo a formal, documented inspection by a competent person at least every 6 months for climbing gear (used for lifting people) and every 12 months for lowering/rigging equipment.

• Traceability: Equipment must be uniquely marked and logged in an inspection register.

4. Pesticides, Chemical Handling & Bio-Security

The Regulation: Plant Protection Products Regulations & COSHH (Control of Substances Hazardous to Health)

Using plant protection products (pesticides, herbicides, fungicides) in agricultural or horticultural settings is tightly governed under UK chemical legislation.

Key Legal Compliance Rules:

• Grandfather Rights Ban: Operators must hold a recognised certification (such as PA1, PA2, or PA6 pesticide certificates) to apply professional-grade plant protection products legally.

• Integrated Pest Management (IPM): Current legislation places heavy emphasis on IPM principles, requiring operators to justify chemical treatments and demonstrate environmental risk assessments.

• Biosecurity Legislation: Forestry and arboriculture businesses must comply with plant health movement controls to prevent the spread of invasive pests and diseases (e.g., Phytophthora ramorum, Ash Dieback / Hymenoscyphus fraxineus).

5. Forestry & Remote First Aid Standards

The Requirement: Health and Safety (First-Aid) Regulations 1981 & HSE Forestry Guidelines

Because forestry and tree work frequently occur in remote or high-risk environments, standard workplace first aid is insufficient under law.

Legislative Requirements (+F Standards):

• Industry guidance mandates that teams working in forestry and arboriculture carry valid First Aid +F (Forestry First Aid) qualifications.

• +F training specifically covers severe trauma, severe bleeding (tourniquet application), crush injuries, hypothermia, and emergency location protocols.

Summary: How to Ensure Your Business Remains Compliant

Sector	Core Regulations	Mandatory Qualifications / Training
Chainsaw & Felling	PUWER, MHSWR	NPTC / Lantra Chainsaw Maintenance, Crosscutting & Felling
Tree Climbing / Arboriculture	WAHR, LOLER, PUWER	NPTC Tree Climbing, Aerial Rescue & Rigging
Pesticides & Spraying	COSHH, Plant Protection Regs	Safe Use of Pesticides (PA1 / PA2 / PA6)
Machinery Operation	PUWER	Woodchipper, MEWP, and Stump Grinder Certification
All Forestry Workers	First Aid Regulations 1981	Emergency First Aid at Work (+F)

Stay Ahead of Compliance with LBS Training & Assessing Ltd

Operating legally in the primary land-based sectors requires up-to-date skills, certified competency, and ongoing refresher training.

At LBS Training & Assessing Ltd, we offer fully accredited City & Guilds NPTC and Lantra courses covering chainsaw handling, climbing and aerial rescue, pesticide application, machinery operation, and forestry first aid.

Need to renew your qualifications or upskill your team?

Visit LBS Training & Assessing Ltd today or contact our expert team to discuss your training requirements.