ENVIRONMENTAL AND POLICY

The target of the external relations portfolio is to build on community and local government relationships whilst being the advocate for kiwifruit growers on wider issues such as health and safety and resource management.

Health and Safety at Work Act 2015  

The Health and Safety at Work Act 2015 (HSWA) is New Zealand’s workplace health and safety law. Worksafe New Zealand (Worksafe) is the health and safety regulator that enforces compliance with HSWA.  

Worksafe has a comprehensive website with tools and resources relevant to growers. Worksafe resources cover matters including: 

  • understanding persons conducting business or undertaking obligations (also see below) 
  • how to be health and safe in horticulture 
  • eye safety 
  • chemicals on farms 
  • vehicles on farms – quad bikes, tractors, self-propelled plant 
  • mobile elevating platforms 
  • managing work site traffic. 

A link is provided at the bottom of this page to relevant Worksafe resources. 

 

Persons conducting a business or undertaking  

Under HSWA, persons conducting a business or undertaking (PCBUs) must look after the health and safety of its workers and any other workers it influences or directs. 

 

Understanding PCBU obligations 

If you own and operate an orchard, you are a PCBU. 

If you own but don’t operate an orchard you may or may not be a PCBU. For example where: 

  • an orchard management company is contracted to undertake all activities associated with the management of the land, production and harvest of fruit; or  
  • bare land is leased to a third party. 

Zespri and NZKGI created guidance material to help growers understand their obligations as a PCBU. The guide includes a decision tree to help you understand whether you are the PCBU, and the key steps to hazard and risk management: 

  1. identify the hazards 
  1. size up the risks 
  1. manage the risk 
  1. monitor and control. 

The guidance is here [ ] 

 

PCBU for orchard leases or management contracts 

Where an orchard is leased or managed by a third party, the lessee or management contractor may be the primary PCBU. They may also be the primary PCBU to any sub-contractors they engage.  

For these arrangements, we recommend a Health and Safety Management System clause in the contract between the parties. A draft standard clause that growers can use is located here: 

PCBU for orchard leases or management contracts 

Where an orchard is leased or managed by a third party, the lessee or management contractor may be the primary PCBU. They may also be the primary PCBU to any sub-contractors they engage.

For these arrangements, we recommend a Health and Safety Management System clause in the contract between the parties. A draft standard clause that growers can use is located here:

Health and Safety Management System contract clause for managed or leased orchards

Other H&S resources for on-orchard 

Guideline for safe orchard load pad operation 

Harvest season brings distinct challenges for growers. A significant risk during harvest is pedestrian interaction with mobile plant.  

Bay of Plenty Kiwifruit Industry Health & Safety Forum have developed a guide for preparing your load-out area to keep worker safe during harvest:  

Guideline for safe orchard load pad operation 

Also see the WorkSafe resources for guidance on managing work site traffic. 

Working around power lines 

Orchards often have overhead lines running through them, so there’s significant risk of workers or orchard equipment accidentally touching lines. WorkSafe has a resource for working safely near power pole and overhead lines. The guide is located here:

Working safely near power poles and overhead overlines 

 

If you’re planning a new orchard, Transpower New Zealand developed a guide specifically for planning kiwifruit orchards around power lines. The guide is located here:

Let’s Grow Together – a design guide for kiwifruit orchards

Risk of impairment from drugs, alcohol and fatigue 

Workers need to be mentally and physically alert at work. Things like fatigue, drug and alcohol use, distractions, noise, health conditions, and psychosocial stress can impact on a worker’s ability to do their job safely.  

Impairment from fatigue, drug and alcohol use should be identified as a risk under your health and safety management plan, and you should have an effective policy place to identify and deal with risks that may arise from impairment. 

We have fact sheets for awareness about the risks of impairment from fatigue, drugs and alcohol. The guidance is intended to sit alongside your relevant health and safety plan and policies.  

Drug and alcohol awareness fact sheet 
Fatigue awareness fact sheet   

Worksafe resources 

Primary duty of care | WorkSafe

PCBUs working together: advice when contracting | WorkSafe

Keep safe, keep growing: How to be healthy and safe in horticulture | WorkSafe

Protecting your workers’ eyes | WorkSafe

Safe use of elevating work platforms in the horticulture industry | WorkSafe

Operating horticultural mobile elevating work platforms near overhead powerlines | WorkSafe

Working safely with chemicals and fuels on farms | WorkSafe

Safe use of self-propelled plant on farms | WorkSafe

Tractors | WorkSafe

Using your side-by-side safely | WorkSafe

Quad bikes | WorkSafe

Managing work site traffic – Good practice guidelines | WorkSafe

Important Health & Safety Documents