Farmers are increasingly safety conscious but serious hazards persist from equipment, structures and livestock. Although many farmers are well aware of such hazards, they and their workers are killed and injured.
So the spotlight is on farm workplace safety, as part of unprecedented scrutiny of workplace health and safety in the wake of the Pike River mine disaster. It promises to be the most comprehensive reform for 20 years.
What will this scrutiny mean for you, the New Zealand farmer?
First, think carefully about the hazards on your property. While the farm is both workplace and home for many families, keep in mind you have legal requirements even if you are self-employed.
Although the law is undergoing substantial reform, those fundamental requirements are unlikely to change: you must work to eliminate hazards on your farm. For example, run the electric fence away from an unused pit or remove unguarded machinery from your property.
If elimination is not practical, try to isolate the hazard. For example, fence off a creek or install machine guards. If such isolation is not practical, you are legally required to minimise the hazard and reduce the likelihood it will cause harm. For example, wear a helmet when riding a quad or motorcycle, or install slip-resistance on wet floor areas.
As an employer you must also keep a register of work-related injuries and serious harm, record and investigate harm or near-miss incidents, and report serious harm incidents to the Ministry of Business, Innovation and Employment. And if you have authorised visitors on your farm, you must warn them of hazards that may cause serious harm.
Also, a new regulator will soon be on the job. WorkSafe New Zealand will begin operating next year. More frontline inspectors will be at work, and the regulatory focus in farming will likely grow beyond farm vehicle safety such as quads. Expect these inspectors to make more random farm visits and issue infringement notices or fines for non-compliant farmers. The rule is that farmers must not cut corners on safety.
Take stock of your machinery and equipment, livestock pens and paddocks, and farm sheds including the workshop. Proper machine guarding and regular equipment maintenance checks may help prevent accidents, as may ensuring that equipment, chemicals and machinery, are stored safely away. Similarly, cut risks by using personal protective equipment like overalls, gloves, boots, hats, hearing protection and safety eyewear.
Consider your emergency preparedness, especially if hospitals and other medical providers are not readily accessible in your area. If an inspector comes calling, best you can show you have considered these matters and have a plan in place.
The burden of ensuring legal compliance is not easy and knowing what specifically has been required to meet your obligations has been somewhat vague in the past. Although only time will tell how WorkSafe New Zealand will function to address health and safety in the agricultural industry, it is expected that the new regulator will work more closely with industry to provide increased guidance.
Meanwhile, increasing your focus on farming health and safety practices is the way to go. A healthier and safer workplace should improve productivity and let us better use our Kiwi ingenuity elsewhere.
• Stacey Shortall is a partner in the litigation team at Minter Ellison Rudd Watts.
