Children Driving Tractors… what the legislation says.

Hi all

At Bluetrack, we’ve been spending a fair bit of time reading through the new Health and Safety legislation that comes into effect on 4 April.

If you are uncertain as to the impact then the new Act is available on line here. There are a lot of new terms to understand but once the gobble-de-gook language is by-passed it’s pretty straight forward.

The Act also provides for the establishment of “Safety Regulations” which provide more specific details around the application of rules and duties of persons in charge of business units (PCBU)

Of specific interest to many of us in the farming sector will be the provisions relating to children in the workplace…

Sections 43 to 48 of the Regulations relate to what kinds of activities children under the age of 15 cannot be tasked with doing and, understandably, there are provisions that prohibit heavy lifting and chemical handling etc.

What was interesting to read, however, is the specific exclusion in s47 of those regulations which provides that a child aged 12yrs may drive and ride in a tractor that is engaged in agricultural work. (Provided sufficient training has been provided)

So it appears that having your 13 year old daughter mow your flat paddocks after school is well within the rule of law, at least after 4 April when the Act comes into effect.

I wanted to run this by worksafe to see if they had a view… below is their response (which is based on the existing legislation)

Stay safe…..

Malcolm Lowrey

BlueTrack Training

www.bluetrack.co.nz

 

"Dear Malcolm

 Thank you for your enquiry. I understand you would like more information on 12 year old children being able to operate a tractor.

 The Good Practice Guidelines for the Safe Use of Tractors on Farms outlines that children under 15 years are normally not able to drive tractors or implements. However,Clause 61, of the Health and Safety in Employment Regulations 1995, states that in special cases, children over 12 years old can drive or ride on tractors or implements if they:

  • are fully trained in using the tractor and any implements attached to it
  • are in a safe position on the tractor or implement
  • are the only child on the tractor.

It is important that:

  • they only use the tractor for agricultural work, or
  • the tractor is only used to train a child to drive the tractor for agricultural work.

 Despite this, farm owners and managers still must keep young people driving tractors safe and make sure they are not put at risk.

I trust this information will be of assistance. If you need further guidance on the matter please contact us on 0800 030 040.

 Kind Regards

WorkSafe"