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Follow on Google News | Wellington Lawyers: WorkSafe Liability Reemerges for Farmers: A Critical ReminderBy: Corelegal 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:
Key Takeaways for Farmers: – Early Legal Consultation: – Understand HSWA Obligations: – Maintain Safe Equipment: Ensure all equipment is safe and compliant with health and safety standards. – Insurance Considerations: – 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. https://www.corelegal.co.nz End
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