Loader driver

The Health and Safety in Employment Act 1992 requires employees to take all practicable steps to ensure their own safety while at work and to ensure no person in their workplace is harmed as a result of their action or inaction.

Poor storage of fertiliser can affect the condition of the aircraft loads and the ability to spread the load in a safe manner. Loader drivers can therefore contribute significantly to the safety of the operation by ensuring that fertiliser is free-flowing prior to loading it into an aircraft.

Loader drivers are in a good position to make an early assessment of the fertiliser for free-flowing characteristics and its suitability for spreading. Practicable steps include:

• checking the flow characteristics of the load and communicating test results to the pilot. See Appendix 3: Free-flowing fertiliser field test for the method
• checking and agreeing with the pilot as to the suitability of the fertiliser load to be spread
• communicating to their employer and to the farmer, any inadequacies of the storage facility that were noted.

The loader driver is responsible for the appropriate use of the loader and load weight/mass measurement mechanisms.

Pilots

The Health and Safety in Employment Act 1992 requires self-employed persons (under section 17) and employees (under section 19) to take all practicable steps to ensure their own safety while at work and to ensure that no person is harmed as a result of their action or inaction while at work. For employees there is a specific duty to use any protective clothing or equipment that is provided for their use.

For pilots these duties mean, for example, abiding by the conditions of the Civil Aviation Authority Operating Certificate and Rules governing the role and operation of the aircraft and wearing appropriate personal safety gear. Other practicable steps may include the following:

• operating in accordance with the employing company's documented policies and procedures or Standard Operating Procedures (SOPs)
• assessing the safety/condition of the runway strip, operating areas and approaches with respect to the aircraft type to be used, see Appendix 2a: Airstrip risk assessment checksheet
• assessing the suitability of environmental conditions for the operation
• checking and agreeing with the loader driver as to the suitability of the condition of the fertiliser to be spread. See Appendix 3: Free-flowing fertiliser field test for the method
• giving an informed positive or negative statement to his/her employer (if appropriate) and the farmer with regard to carrying out the work, based on the above
• being aware of the condition, length and slope of the strip before operations begin.

The pilots must report incidents and accidents in accordance with Civil Aviation Authority Rules Part 12 and serious harm under the Health and Safety in Employment Act 1992.

Agricultural airstrip with soft patch

Pilot checks prior to commencing a top-dressing contract

The airstrip risk assessment checksheet should be used by an agricultural pilot to demonstrate that the risks of using a particular runway with the aircraft type have been considered in relation to the contract requirements. It should also be used to note that the pilot has received a briefing from the owner or contractor on the known hazards, particularly with respect to wires, of both the runway and the topdressing task itself, and that the pilot has checked on the condition of the fertiliser and that it is suitable for the task.

The checksheet should be incorporated with the job documentation and retained for future reference. Should an area be noted as unsatisfactory, the checksheet can be used to bring the problem to the attention of the farmer for rectification.

Where strips do not meet the length and slope information specified in Appendix 2: Top-dressing airstrip standards and specifications, the pilot shall, along with any other performance limiting factors, make the farmer/principal aware of the length limitation. Performance factors that the pilot will take into account are: the wind direction and speed, airstrip surface and condition, slope, and the pressure altitude and temperature (density altitude).

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.

Definitions

For the purposes of this guideline, the following definitions apply.

Aerial operator: a business or person engaged in top-dressing for an agricultural operation.

Agricultural operation: an operation carried out during the course of agricultural work, pastoral work, or horticultural work of any kind.

Airstrip: refer to page 41.

Airstrip owner: the person who has ownership of the airstrip and/or who has the authority to allow or disallow use of that airstrip and/or the land upon which the airstrip is situated. When the land is leased to another party who then effectively has the right of tenure, the term 'airstrip owner' may include the lessee.

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'.

All practicable steps: all steps taken to achieve the safest result that it is reasonably practicable to take in the circumstances. The full definition from the Health and Safety in Employment Act 1992 is:

"s2A All practicable steps

(1) In this Act, all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—

(a) the nature and severity of the harm that may be suffered if the result is not achieved; and

(b) the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and

(c) the current state of knowledge about harm of that nature; and

(d) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means; and

(e) the availability and cost of each of those means.

(2) To avoid doubt, a person required by this Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about."

Contamination: in respect of a fertiliser, means the inclusion of any foreign material into the fertiliser, after manufacture.

Employee: means any person of any age employed by an employer to do any work (other than residential work) for hire or reward under a contract of service and, in relation to any employer, means an employee of the employer].

Farmer: means the person who has purchased fertiliser and intends to have the fertiliser spread by aerial application onto their farm.

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'.

Fertiliser: any dry, powdered, granular, or other dry fertiliser material that flows, is delivered in bulk, and is used to top-dress agricultural land. Fertiliser includes agricultural lime.

Fit for purpose: in respect of a place of work, means designed, made and maintained so that it is safe for its intended use.

Flow property: the flow rate achievable from a nominal aircraft hopper given the condition of the fertiliser with respect to substance type, granular size, compaction, contamination and moisture content.

Free-flowing: a fertiliser may be said to be free-flowing when:

1. It can be discharged as a dry powder from an aircraft hopper, in the form intended, without compacting and blocking in the throat of the hopper.
2. It can be discharged as a dry powder from an aircraft hopper, in the form intended, without sticking and blocking in the throat of the hopper.
3. It has passed the field test in Appendix 3: Free-flowing fertiliser field test. Note that the field test is under development by Lincoln and Massey Universities. See Appendix 3 for more detail.

Harm: illness, injury or both; and includes physical or mental harm caused by work related stress.

Hazard: any event that is an actual or potential cause of harm. The full definition from the Health and Safety in Employment Act 1992 is:

""Hazard" —

(a) means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside a place of work) that is an actual or potential cause or source of harm; and

(b) includes —

(i) a situation where a person's behaviour may be an actual or potential cause or source of harm to the person or another person; and

(ii) without limitation, a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person's behaviour"

Manufacturer: includes a person who creates fertiliser (including ground lime) for use in the agricultural industry, and which is applied to the land by ground spreading or aerial spreading.

NOTE: A manufacturer, supplier, transport operator, may be one and the same, or be different entities in any combination. Where combined activities are performed by one entity, all sections relevant to the activities apply to that entity.

Must: see 'Shall'.

Performance standard: an internationally-recognised standard recognising the performance of a structure or material in a defined series of tests. Examples are ISO, OECD, SAE, AS and NZS.

Person who controls a place of work: a person who is:

1. The owner, lessee, sub-lessee, or person in possession of the land on which the top-dressing airfield, including the access ways, loading areas and bulk storage areas are sited; and/or
2. The owner, lessee, sub-lessee, or person in possession of the land on which the top-dressing operation is taking place.

Place of work: a place where a person works for gain or reward, or places associated with the workplace. The full definition from the Health and Safety in Employment Act 1992 is:

""Place of work" means a place (whether or not within or forming part of a building, structure, or vehicle) where any person is to work, is working, for the time being works, or customarily works, for gain or reward; and, in relation to an employee, includes a place, or part of a place, under the control of the employer (not being domestic accommodation provided for the employee),—

(a) Where the employee comes or may come to eat, rest, or get first-aid or pay; or

(b) Where the employee comes or may come as part of the employee's duties to report in or out, get instructions, or deliver goods or vehicles; or

(c) Through which the employee may or must pass to reach a place of work:

Plant: includes—

(a) Appliance, equipment, fitting, furniture, implement, machine, machinery, tool, and vehicle; and

(b) Part of any plant, the controls of any plant, and any thing connected to any plant:"

Principal: a person who or that engages any person (other than as an employee) to do any work for gain or reward.

Serious harm: includes permanent or severe loss of any bodily function, or loss of consciousness, or any harm that causes a person to be hospitalised for 48 hours or more. A full definition is in the Health and Safety in Employment Act 1992, First Schedule.

Shall: refers to a recommendation that is mandatory for compliance with a statute. In the context of this guideline 'Shall' includes 'must'.

Should: means a preferred practice or recommendation.

Supplier: includes any person who sells or offers for sale agricultural fertilisers.

NOTE: A manufacturer, supplier, transport operator, may be one and the same, or be different entities in any combination. Where combined activities are performed by one entity, all sections relevant to the activities apply to that entity.

Transport operator: includes a person who transports fertiliser from the supply point to the airstrip facility.

NOTE: A manufacturer, supplier, transport operator, may be one and the same, or be different entities and any combination. Where combined activities are performed by one entity, all sections relevant to the activities apply to that entity).

REFERENCES

• Health and Safety in Employment Act 1992
• Civil Aviation Rules: Part 137, Subpart C - Special Flight Rules 137.103
• Civil Aviation Rules: Part 12

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