Wellington Lawyers: Farmers Beware: Navigating Work Safe Liability

WELLINGTON, New Zealand - March 4, 2024 - PRLog -- For farmers, prioritizing health and safety isn't just a moral obligation—it's a legal imperative. A recent prosecution of a family farming company serves as a stark reminder of the consequences of non-compliance.

In this unfortunate incident, a farm worker tragically lost her life when a side-by-side vehicle careened off a hillside. Investigations revealed alarming safety lapses: the vehicle lacked a door, the passenger was unrestrained, and critical safety features were disabled. Modifications like these, while common in the rural sector, can have dire consequences.

The repercussions were severe. The farming company faced hefty fines totaling $275,000 and a $110,000 reparation payment to the victim's family. Importantly, under the Health and Safety at Work Act 2015 (HSWA), fines cannot be covered by insurance, placing substantial financial strain on the company.

Farmers, as Persons Conducting Business Undertakings, bear extensive responsibilities under the HSWA. These obligations, known as "strict liability" offenses, hold individuals accountable for safety lapses regardless of intent. Altering equipment in a way that compromises safety can result in liability, even if unintended.

It's crucial for farmers to understand their obligations:

1. Ensure all fixtures and equipment are safe for use, minimizing risks to health and safety.
2. Take proactive measures to prevent exposure to serious injury or illness, even for casual workers like backpackers.
3. Exercise caution when modifying equipment, ensuring alterations do not compromise safety.

Rural hospitality, while common, does not exempt farmers from legal obligations. Casual workers enjoy the same protections under health and safety laws, necessitating diligent adherence to regulations.

By prioritizing safety and compliance, farmers can protect both their livelihoods and the well-being of those who work on their land. https://www.corelegal.co.nz