Saturday, January 17, 2015

Gee That Is The Answer For Sure?

Two Dairy Farmers did not want to wear "safety" helmets when riding ATVs in the course of their chosen farming activity.

Numpties riding desks at occupational health and safety said they must so set out to make an example of the two taxpayer, wealth creator, employment facilitators in rebellion.

The Numpties after a series of harassment efforts, take them to court and a Judge with apparent zero knowledge of what was at stake decides to join the Numpties and sets the penalty at a nice round figure of $20 000 each, a total of $40 000. That'll teach them who is in charge
Sort of telethon if you will.

Now some new information makes what seemed a serious state sanctioned master class in subjugation of two who dared to reject the state's will, looks even more capricious and just plain stupid

(1) Had the two rebels been unemployed gang members heading to the tinny house for a few tokes sans the coal scuttle and largely ineffective open face helmets, they would be subject to a fine of $100 each for failing to wear a helmet.
That is predicated on the simple fact that it would be almost certain the Gang member would probably have ignored the judicial ramifications while the two farmers had easily accessed assets  in liquid form, not withstanding their cows had to be milked and therefore the law knew with a high degree  of certainty where they would be at any given time.

(2) The numbers of serious income earning farmers who find the rather capricious and ineffectual H & S laws a nonsense and the difference made by the helmet that satisfies H & S, will in all probability make minimal difference in out come should an accident occur as most are so light and minimal in protected area.
I was one of those who went on the road on a big road bike in my fifties and the helmet I chose was way more capable of preventing a head injury than the little plastic models deemed by desk drivers to suffice riding an ATV while farming.

(3) I have no access to figures for the recent Holiday period but from my spasmodic attention to news it seems to me drownings have killed a whole lot more than ATV incidents so will the desk drivers move to address that salient fact.
Well no because you see the law that clobbered two hard working taxpaying farmers does not apply to recreational use.
OH&S tried it on with a farmer in Hawkes Bay and his Daughter, a lawyer, read up and asked the Judge to dismiss on the grounds that HB farmer did not accrue any payment from the farming operation and therefore the rubbish 'seen to be doing something' law did not apply.
Judge agreed and it all went pearshaped.
So it would seem I can go to my mates farm and ride around, doing far more risk averse activity and the idiot law does not apply just as joe average is free to drown himself floundering at a river mouth as he declines to wear a life jacket.
Will another bunch of Numpties decree that everyone within ten meters of water must have "water wings".

Quadsafe Supreme Red ATV Helmet Quad Bike Use
Approved as a "safety helmet while riding an ATV in an employment situation costing $195.
That will save a life up to 30kph, maybe, yeah right.
Ram the head inside that into a concrete post at 30 kph and I will be betting on the post.

That is a safety helmet

Try telling Bruce to get in behind wearing that or whistling a command.

So it would seem that little Sandra Public, six years old, weighing in at 23Kg with zero training or preparation visiting Uncles farm for Sunday Lunch, decides she can ride the 500cc vtwin fully speced  ATV weighing in at around 500Kgs and becomes a statistic.
No prosecution, no fine, no judicial result just a terrible tragedy.
Sandra's Auntie, a working partner in the farm, grabs the ATV to get the mail 250 meters down the drive, gets munted crossing to the mailbox by the neighbor's tearaway speeding past in the Ford Ranger and grieving hubby is liable for a 20K fine. for not preventing Sandra's mum riding the ATV without a "helmet" and making her walk to the Mailbox.

Brigadier General Tony McAuliffe summed up such nonsense at Bastogne when he replied to a Wermachct surrender demand with a one word reply;  "N U T S".


Anonymous said...

Stupid laws deserve to be broken.

I hope you cowboys have got yourself a fighting fund and are prepared to close ranks

You're under assault

The Veteran said...

I note that Federated farmers in their quite detailed submission of 14 Apr 14 on the Health & Safety Reform Bill did not mention this as a concern.

Indeed, they went so far as to say “…that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work”.

GD ... on the face of it the situation described by you appears nonsensical but I have to wonder why Fed farmers choose not to pursue the matter in their submission.

Anonymous said...

GD ... on the face of it the situation described by you appears nonsensical but I have to wonder why Fed farmers choose not to pursue the matter in their submission.

If you need to ask that question you are as out of touch with reality as OSH.

The Veteran said...

Anon ... what I am saying is that if Fed Farmers (the farmer's lobby group) doesn't think this is a matter of concern then there has to be a reason for that.

A clue might be in the extract I posted from their submission but that might be extrapolating it a 'bridge too far'.

I would like to know that reason because, as I said, the situation as described by GD seems nonsensical.

Edward the Confessor said...

"The situation as described by GD seems nonsensical."

That's because Gravetodger is trying to spin this into some big deal because he doesn't give a shit about the safety of farm workers, but he's not very good at expressing himself. Result = nonsense.

gravedodger said...

You fucking retard confuser the two fined 40k were self employed and we all know you don't consider employers and self employed as anything other than scabs.
Farm workers my arse, they work? of course they do otherwise they will go broke.

Unlike you driving your desk or is it a sofa? to nowhere land.

Chris said...

To those commenting re Federated Farmers, They are now involved in monitoring the situation and gathering information to look to take things further. We live in the area and have been told.

Psycho Milt said... don't consider employers and self employed as anything other than scabs.

A 'scab' is someone who takes over the work of a striking worker. It doesn't apply to employers or the self-employed.

The Veteran said...

Chris ... TY for that. FF has the contacts and the clout to pursue this should they wish to (and I think they should).

Never mind the armchair warriors at OSH and the ramblings of EtC. They have no idea of farming operations ... Suspect they think milk comes from cartons and meat from supermarkets.

Edward the Confessor said...

That's right Vet, there's something magical about farming operations which means that the cows can't be milked if farm workers are wearing helmets while driving ATVs. Only right wingers get this.