15 May 2014
Worksafe NZ fine for helmet use
Federated Farmers believes that penalties of $15,000, imposed on a herd manager under the Health and Safety in
Employment 1992 Act, indicates Worksafe NZ is prepared to use its regulatory stick, but the size of the fine is
unprecedented.
“Worksafe NZ is sending a clear message to all quad bike users that it has the regulatory muscle and is now prepared to
deploy it,” says Bruce Wills, Federated Farmers President.
“Whatever you may think about a helmet the law is the law. If you flout it you risk significant penalties as this case
shows.
“Yet the size of the penalty has come as a shock, given the fine for not wearing a seatbelt is $150 and drivers are
responsible for those under 15 years of age. It is why Worksafe NZ needs to fully explain why the penalty in this case
is 100 times greater than that for seatbelts.
“The risk with this penalty is the climate of fear and suspicion it creates instead of the positive relationship and
progress that seemed to be developing.
“Worksafe inspectors have been visiting farms, preceded by warning letters, and there has been significant coverage in
the rural media as well as advisories to farmers from Federated Farmers and like minded organisations.
“While there is an understandable focus on farmers and quad bike use, we are far from being the only users of them
judging by what I see on television. There are far more quad bikes in New Zealand than registered road going
motorcycles.
“With Worksafe NZ’s farm inspections, where a breach has been found, a warning letter or infringement notice is either
issued or posted out, which is the wake-up call for those who have not heeded our advice.
"If you have an accident while not wearing a helmet, then it means you have not taken all practicable steps to eliminate
hazards. If it involves an employee then the penalties are enormous, let alone the emotional toll.
“Not wearing a helmet on a quad bike is like not wearing a respirator when spraying weeds. You need to wear the right
protective equipment, and with quad bikes it makes helmet use the law.
“The nature and size of what Worksafe NZ has imposed tells us that it does have the necessary teeth at its disposal. The
question is whether those teeth have bitten too deep,” Mr Wills concluded.