Farmer: (Fertiliser purchaser)

NOTE 1: A farmer or airstrip owner may be one and the same, or be different entities. Where combined activities are performed by one entity, the sections relevant to both activities apply to that entity.

NOTE 2: See also the definition of 'Principal'.

Farmers routinely arrange or contract for a top-dressing operator spreading fertiliser on their property to be able to use an airstrip and storage facility situated on another property. Such arrangements between farmers and owners can appear to blur the duties and responsibilities of persons under the Health and Safety in Employment Act 1992 and they are therefore often simply overlooked or avoided. However, the Act still applies in such situations. The airstrip owner and the farmer must take steps to ensure that the general integrity and safety of the airstrip and facilities is acceptable to allow use from the commencement of the agreement.

For clarity, the position in this guideline is that:

• the airstrip owner has a duty to ensure that the access ways, airstrip and storage facilities are suitable and fit for their purpose
• the farmer should ensure that the airstrip owner, in allowing use of the airstrip, has checked that the airstrip and facilities are fit for purpose as noted above
• once an agreement has been reached between the airstrip owner and the farmer regarding the safety of the access ways, airstrip and facilities, the farmer then has the responsibility of ensuring that the safe conditions are maintained
• it is the farmer's responsibility to inform the manufacturer/supplier of the fertiliser as to its method of application, i.e. whether it will be applied by aircraft or ground system
• the farmer should not request an operator to work off the airstrip if it appears unsafe or has been previously deemed unsafe by another agricultural aviation operator without first requiring any unsafe conditions to be corrected
• should the farmer become aware that any condition relating to the access ways, airstrip or storage facilities has become unsafe, the farmer shall cause work to cease, if necessary, until the condition has been evaluated and corrected
• the farmer must manage hazards such as overhead wires and other hazards and communicate relevant information about them directly to the pilot whether the pilot is an employee or self-employed. The farmer must also communicate with the pilot with respect to the length and slope of the airstrip.

A useful form for the exchange of information and setting out the agreement for the airstrip owner and farmer is included as Appendix 4: Access, storage and airstrip checklist.

A useful form for the exchange of information and setting out the agreement for the farmer and aerial operator is included as Appendix 5: Health and safety in employment farmer (principal) and contractor agreement.

The farmer must also record, notify and report occurrences of serious harm to any person, employees and contractors involved in the operation to the nearest office of the Department of Labour or the Civil Aviation Authority.

Process for evaluation of farm airstrip condition and fertiliser condition

1. The farmer will assess the airstrip using Appendix 4: Airstrip condition checklist, before engaging an aerial operator, and make good any deficiencies found.
    
2. The farmer will assess the fertiliser condition for suitability, before engaging an aerial operator. See Appendix 3: Free-flowing fertiliser field test.
    
3. The aerial operator will ensure that a confirmation check of the fertiliser flow is conducted immediately prior to the job. See Appendix 3: Free-flowing fertiliser field test.
    
4. The pilot will assess the airstrip against the requirements in Appendix 2a: Airstrip risk assessment checksheet prior to applying fertiliser:

Airstrip and fertiliser flow meet the requirements Fertiliser applied.

Airstrip OR fertiliser flow do not meet requirements No fertiliser applied.

5. The aerial operator will advise the farmer, in writing if necessary, of the reasons for the airstrip OR fertiliser failing to meet a standard that makes it fit for purpose, and request that the deficiencies be made good.
6. The farmer will either:

Make good the deficiencies Fertiliser will be applied.
OR
Not make good the deficiencies No fertiliser application is made.

7. A health and safety inspector may be advised by an aerial operator if fertiliser is applied by another aircraft operator.

Process for evaluation of access and fertiliser storage

1. The farmer will assess the condition of the fertiliser storage system, before ordering fertiliser delivery, using Appendix 4: Access, storage and airstrip checklist, and make good any deficiencies found.
    
2. The transport operator will assess the access ways and storage against the requirements in the checklist prior to delivering fertiliser:

Access ways and storage meet the requirements Fertiliser is delivered.

Access ways or storage do not meet requirements No fertiliser is delivered.

3. The transport operator will advise the farmer, in writing if necessary, of the reasons for the access way or storage failing to meet a standard that makes them fit for purpose and request that the deficiencies be made good.
    
4. The farmer will either:

Make good the deficiencies Fertiliser will be delivered.

Not make good the deficiencies No fertiliser delivery is made.

5. A health and safety inspector may be advised by any party if fertiliser is delivered by another transport operator.

Aerial operator

Hazard 4: Lack of training, information, supervision or communication

Controlled by: employers and employees.

• Staff performing work are not sufficiently trained and/or supervised.
• Staff are not communicating health and safety issues.

Loading plane using new bin

Employer: Loader driver and pilot (and self-employed people)

Employers of pilots and loader drivers have a duty to ensure that the work assigned is able to be performed safely and that employees are not harmed. To this end, employers have a duty to provide supervision, training and information relevant to the tasks involved in the work being performed.

Management of fundamental issues such as ensuring that the pilot is current on type, correctly trained, is medically fit and has knowledge of hazards and how to avoid them needs to be demonstrable. The same applies to loader drivers. Training and information with regard to specific hazards of the tasks involved is crucial.

Supervision, training and information is covered by s.12 and s.13 of the Health and Safety in Employment Act 1992, and in the context of this guideline, includes the following:

• ensuring that the pilot and the loader driver are conversant with the flow property of the load, and the test regime set out in Appendix 3: Free-flowing fertiliser field test
• ensuring that the pilot and the loader driver are conversant with the procedure to communicate the result of a flow test to both the farmer, and their own employer, if required
• ensuring the pilot is properly licensed and current on type, has the requisite certificates and is appropriately trained for the task
• ensuring that the pilot has the experience and knowledge necessary for the task or is properly supervised commensurate with training and experience
• ensuring that the pilot has been provided with information on the condition, length and slope of the strip before operations begin
• communicating information relevant to hazards such as overhead wires and other hazards, obtained from the farmer
• ensuring that the loader/driver is properly licensed and trained to safely carry out the necessary functions.

Employers must be aware that they have a duty to take all practicable steps to provide a safe place of work. Self-employed people have a duty to take all practicable steps to keep themselves from harm. Therefore, both employers and self-employed people must be aware of the requirement under Civil Aviation Rule Part 137 Subpart C - Special Flight Rules. This rule is printed below, and attention should be focused on 137.103 (a)(2).

"137.103 Maximum take-off weight

(a) Notwithstanding Part 91 and subject to paragraph (b), a pilot performing, or being trained to perform, an agricultural aircraft operation in an aeroplane must not take-off at a weight greater than the MCTOW prescribed in the aeroplane's flight manual unless—

(1) the pilot complies with the procedures listed in Appendix B and

(2) the aeroplane is equipped with a jettison system that, in accordance with D.5, is capable of discharging not less than 80 percent of the aeroplane's maximum hopper load within five seconds of the pilot initiating the jettison action.

(b) Where there is a third party risk as defined in Appendix A, the pilot must determine the maximum take-off weight in accordance with 137.107 and 137.109."

It is critical that the fertiliser material being applied has flow characteristics such that the criterion for jettison is achievable. Material which is not free-flowing may inevitably be implicated in discharge problems, therefore, employers and self-employed people must take all practicable steps to ensure that:

the jettison system is capable of discharging the agricultural material used within the criteria specified and

the fertiliser material will remain free-flowing after placement into the aircraft hopper.

Employers and self-employed people must also abide by the aviation safety reporting requirements of the Civil Aviation Authority Rules Part 12 and the serious harm reporting requirements of s.25 of the Health and Safety in Employment Act 1992.

Where strips do not meet the length and slope information specified in Appendix 2: Top-dressing airstrip standards and specifications, employers and self-employed people shall make the farmer/principal aware of the length limitation.

Information should be given to the farmer/principal with respect to the maximum safe load and any payload weight reduction, see Appendix 2a: Airstrip risk assessment checksheet.

Ground-based refuelling operations

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