Health and safety on farms is a perennial issue, and it’s essential to remind those in the sector about their responsibilities and the severe penalties for non-compliance. Recently, a family farming company faced prosecution for failing to ensure their side-by-side vehicle was safe for use. This case tragically followed a fatal accident on the farm.

The incident involved a Willing Workers on Organic Farms (WOOFer) worker, who was a passenger in the side-by-side when the driver lost control, causing the vehicle to fall 13 meters down a hillside. The worker, not wearing a seatbelt, was ejected and crushed by the vehicle. The side-by-side’s door had been removed, the seatbelt warning system disabled, and one seatbelt was broken. These modifications are unfortunately common in the rural industry.

The company was fined $275,000 and ordered to pay $110,000 in reparation to the victim’s family. The Judge ruled that the family, residing overseas, were victims under the Health and Safety at Work Act 2015 (HSWA). It’s important to note that fines under the HSWA cannot be insured, although insurance can cover reparation payments and defense costs. Consequently, the farm company had to pay the $275,000 fine out of pocket. However, with public liability insurance, the reparation payment and defense costs might have been covered.

Farmers’ obligations under the HSWA are extensive and often strict liability offenses. This means that intention doesn’t matter—if a modification makes equipment unsafe and leads to an accident, the farmer is liable regardless of intent.

In this case, the farm company failed to meet these duties:

1. Ensuring Safe Fixtures and Equipment: The alteration of the side-by-side’s safety features breached the duty to ensure that fixtures, fittings, or equipment are without risks to health and safety.
2. Exposure to Risk: Altering the safety features exposed the worker to serious injury, demonstrating a breach even though the worker was not a formal employee.

Many farmers employ casual staff or host backpackers, offering them a unique New Zealand experience while gaining additional help during busy periods. However, even casual workers are protected under health and safety laws, and the same rules apply to them as to full-time employees. Farmers must be cautious about modifying farm equipment, ensuring these changes do not compromise safety and put lives at risk.

Key Takeaways for Farmers:

– Early Legal Consultation: Engaging a lawyer early can help navigate legal responsibilities and avoid severe penalties.

– Understand HSWA Obligations: Farmers must be aware of their extensive duties under the HSWA to avoid strict liability offenses.

– Maintain Safe Equipment: Ensure all equipment is safe and compliant with health and safety standards.

– Insurance Considerations: While fines cannot be insured under HSWA, reparation payments and defense costs can be, highlighting the importance of appropriate insurance coverage.

– Protect All Workers: Ensure that all workers, including casual and backpacker workers, are afforded the same health and safety protections.

By adhering to these guidelines, farmers can help ensure a safer working environment and avoid the significant penalties associated with non-compliance.