Myth: A visit from a WorkSafe inspector or an investigation often results in a fine or prosecution
Only a very small number of visits from inspectors result in a fine, and even less in prosecution. Inspectors want workplaces to be safe. During a visit, they will ask you about what steps you have taken to ensure your farm is safe. They will ask to see some things that show what you are actually doing (you might have a great written maintenance schedule for your vehicles, but a bald tyre tells the inspector a lot more).
If you have staff, the inspector will want to talk to them about what's happening to be sure good practices are in place - safety in a folder on a shelf is no substitute for good practice.
What happens when something isn't right? In the first place, there will be a discussion about how things can be improved and probably a written notice to back this up. In the case where something is so dangerous that it should be stopped immediately, a prohibition notice may be issued. These actions are designed to help make the workplace safer without imposing penalties.
Infringement fines and prosecutions through the courts may happen when farmers fail to comply with warnings or prohibitions over a period of time, or where there is serious non-compliance or a situation has developed involving the potential for fatalities or very serious harm.
After an incident there will be an investigation. In this case, the inspector will look to see what happened and whether it could have reasonably been prevented through good health and safety practices. This means, for example, they could contact your local service agent to check whether a tractor involved in an incident was serviced regularly. If it was, then the investigation is likely to be very different to one where it was in poor condition. If the farmer does not have good health and safety practices in place, the likelihood of prosecution increases.
Myth: WorkSafe is trying to ban quads
Quad bikes are a valuable and essential farm tool when used correctly and appropriately. But every day at least two people on farms need medical attention because of quad bikes. They are also a factor in 25 per cent of deaths on farms. WorkSafe encourages farmers to consider whether their quad bike is the right vehicle for the task at hand. It's easy to lose control of a quad bike if you're distracted, it's heavily loaded, you're towing a heavy weight, or riding over difficult ground.
For many farmers, quad bikes are the only vehicle they use for light jobs, however, in some circumstances it's best to use a tractor or ute, for instance.
Myth: We can't have kids on the farm any more
Children are a vital component of farming family life and WorkSafe does not want to change this. Farmers are responsible for ensuring other people (including children) are not put at risk from the work carried out on the farm. The known risks on farms are best understood and managed by farmers.
Farms come with big machines, big animals and big pressures. Children and their parents need to be aware of the risks farms present and work to manage those risks - and acknowledge that managing these risks for children is different from managing them for adults. The younger the child, the less risk averse they are, and the more attention needs to be paid by parents or carers.
Many risks can easily be managed by, for example, using vehicles suitable for passengers, fencing artificial ponds, covering pits, or even creating "safe kid zones" in dairy sheds, or working together with neighbours as farmers have always done. This means farming parents can still keep their children safe during busy work times.
Myth: I'll have to give up farming because of the excessive compliance requirements
The new legislation will not impose onerous new requirements for farms. It is an extension and strengthening of the existing law, putting the onus on those who can actually influence health and safety decisions. While there is a little bit of work in getting things up and running, once it is in place it should just be part of daily work activity. Given that safety is protecting the most important resource on your farm - you, your family, staff, and visitors - it also makes good business sense.
Myth: I've been farming for 30 years - I know my way around the farm and don't need a WorkSafe inspector telling me what to do
An inspector's job isn't telling you how to farm, but to help you recognise and manage risks that may cause an injury to you, your family, staff or visitors. Inspectors will engage with you and will be interested in your business - your knowledge and expertise is in farming, ours is in health and safety. Both are important in the workplace.
Myth: Safety is just common sense
If health and safety was really just common sense, and if common sense was really common, then we would not have the accident and death rates that we do.
Myth: You're liable for anyone who has an incident on your farm
All kinds of people come and go on farms all the time for various reasons. Employees, contractors, vets, and recreational visitors, such as hunters and trampers, can be on your land at any given time, so what are your duties when it comes to their health and safety?
The new law clears up what is and what isn't a workplace on a farm. As a farmer, you have a duty to manage workplace risks in the following areas:
- Farm buildings and immediate surrounding areas (whether or not work is going on at the time).
- Other parts of the farm, where work is carried out.
The law is quite clear - the farmhouse is not a workplace.
You're also responsible for the health and safety of your workers and, where other people may be harmed by your work, for managing the risks that you can reasonably control.
Myth: I am responsible for everything contractors do on my farm
You need to make sure that you understand the risks they bring to your farm (which they should warn you about) and be satisfied that they are managing these risks appropriately. If they don't tell you, ask.
You are not expected to be an expert in their area, but if you feel that their work is being conducted unsafely, you should stop it until you are satisfied about its safety.
You have a responsibility to also warn your contractors about any risks that your work poses to them while at work.