Approved Code of Practice Safety and Health in Tree Work Part Two: MAINTENANCE OF TREES AROUND POWER LINES Published by The Department of Labour Wellington • New Zealand First Published February 1996 This revision (Publisher insert date details) Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 1 of 75 CONTENTS CONTENTS ................................................................................................2 NOTICE OF ISSUE .....................................................................................5 FOREWORD ..............................................................................................6 THE HEALTH AND SAFETY IN EMPLOYMENT ACT 1992 .............................................7 ABOUT THIS CODE....................................................................................8 STRUCTURE ..............................................................................................8 TERMINOLOGY AND DEFINED TERMS ..................................................................8 ACKNOWLEDGEMENT ....................................................................................8 FURTHER INFORMATION ................................................................................8 DEFINITIONS AND ABBREVIATIONS ........................................................9 1 SCOPE, PURPOSE AND APPLICATION ..............................................12 Scope .............................................................................................. 12 Purpose ........................................................................................... 12 Application ....................................................................................... 12 References ....................................................................................... 13 Variations......................................................................................... 13 PART A VEGETATION CONTROL WORK PRACTICES.................................14 A1 ELECTRICAL HAZARDS .................................................................15 A1.1 A1.2 General .................................................................................. 15 Electrical Hazards .................................................................... 15 A2 RESPONSIBLE PERSONS...............................................................17 A3 GENERAL REQUIREMENTS ............................................................17 A3.1 A3.2 A3.3 A3.4 A3.5 A3.6 A3.7 A3.8 A3.9 A4 EWPS AND OTHER EQUIPMENT ....................................................21 A4.1 A4.2 A4.3 A4.4 A4.5 A4.6 A5 Key Safe Practices for Utility Arborists in Vegetation Control Work .. 17 Competence and Supervision for Utility Arborists.......................... 18 Notifications............................................................................ 19 Adverse Weather Conditions...................................................... 19 Protective Clothing and Equipment at Vegetation Control Work Sites 19 First Aid ................................................................................. 20 Incident Emergency and Rescue Procedures ................................ 20 Pedestrian and Vehicle Traffic .................................................... 20 Fire Protection for Vegetation Control Work ................................. 20 Elevating Work Platform Vehicles (EWPs) in Vegetation Control ...... 21 Safety Harnesses..................................................................... 23 Measuring Sticks or Rods .......................................................... 24 Rope...................................................................................... 24 Ladders Within the Vegetation Control Zone ................................ 25 Pruning Tools .......................................................................... 25 MINIMUM APPROACH DISTANCES................................................25 A5.1 General .................................................................................. 25 Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 2 of 75 A5.2 A5.3 A6 Utility Arborists Carrying Out Vegetation Control Work .................. 29 Minimum Approach Distances for Ordinary Persons...................... 37 WORK METHODS IN THE ORDINARY PERSON ZONE .....................37 A7 UTILITY ARBORIST WORK METHODS WITHIN THE VEGETATION CONTROL ZONE ......................................................................................39 A7.1 A7.2 A7.3 A7.4 A7.5 A7.6 A7.7 A7.8 A7.9 A8 General .................................................................................. 39 Work Procedure Conformance and Availability.............................. 40 Work Team Composition ........................................................... 40 Before Starting Work................................................................ 40 Role of Safety Observers .......................................................... 41 During Work ........................................................................... 42 Safe pruning and felling............................................................ 43 Weather conditions .................................................................. 44 Procedures In The Event of an Emergency or Incident................... 44 UTILITY ARBORIST INSULATED TOOL WORK ...............................45 A8.1 A8.2 A8.3 A8.4 A8.5 A8.6 A8.7 A8.8 A8.9 Clearing Encroaching Vegetation Restriction ................................ 45 Tree Climbing Restriction .......................................................... 45 Insulated Tools and Equipment .................................................. 45 Work Team Composition ........................................................... 45 Before Commencing Work......................................................... 45 During Work ........................................................................... 46 Ladders.................................................................................. 47 Care and Use of Tools and Equipment......................................... 47 Routine Testing and Inspection .................................................. 48 PART B MANAGEMENT STANDARDS AND PRACTICES B1 REQUIREMENTS B1 LEGISLATIVE REQUIREMENTS ......................................................50 B1.1 B1.2 B2 Safety of Power Lines and Work with Vegetation .......................... 50 Notifications............................................................................ 50 KEY SAFETY MANAGEMENT REQUIREMENTS.................................52 B2.1 B2.2 B3 LEGISLATIVE 49 Key Requirements in Work with Vegetation ................................. 52 General Safety Management ..................................................... 53 COMPETENCE AND TRAINING.......................................................55 B3.1 Utility Arborist Competency....................................................... 55 B3.2 Utility Arborist Training Subjects ................................................ 55 B3.3 Providing Utility Arborist Training ............................................... 57 B3.4 Utility Arborist Refresher Training .............................................. 57 B3.5 Competence Limitations and Work Restrictions ............................ 58 B3.6 Competency Maintenance and Field Assessments ......................... 58 B3.7 Records.................................................................................. 58 B3.8 Certification ............................................................................ 59 B3.9 Supervisor Competence ............................................................ 60 B3.10 Supervisor Training, Competency Maintenance, Certificates and Records ........................................................................................... 60 B3.11 Recognition of Line Mechanics as Utility Arborists ......................... 61 B4 APPROVED WORK PROCEDURES...................................................62 B4.1 B4.2 B5 Development, Proving and Review ............................................. 62 Documentation........................................................................ 62 INSULATED TOOL WORK STANDARDS ..........................................62 Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 3 of 75 B5.1 B5.2 B5.3 B5.4 B5.5 B6 Selection and Management ....................................................... 62 Insulated Tool and Equipment Testing ........................................ 63 Insulated Tool Work Manual ...................................................... 63 Standards............................................................................... 63 Electrical protection procedures ................................................. 64 PUBLIC SAFETY AND EMERGENCY AND INCIDENT PROCEDURES..65 B6.1 B6.2 Public Safety ........................................................................... 65 Emergency and Incident Procedures ........................................... 65 B7 AUDITS ........................................................................................65 B8 TRANSITION PROVISIONS ...........................................................66 B8.1 B8.2 B8.3 B8.4 Transition for “Competent Workers” ........................................... 66 Existing and New Trainees ........................................................ 66 Recognition of Qualified Electrical Worker Experience .................... 66 Minimum Approach Distances ...........Error! Bookmark not defined. APPENDIX 1: LAWS, STANDARDS AND GUIDES ......................................67 1. NEW ZEALAND STATUTES ........................................................................ 67 2. STANDARDS ........................................................................................ 67 3. CODES OF PRACTICE .............................................................................. 68 4. ELECTRICITY SUPPLY INDUSTRY AND OTHER STANDARDS AND GUIDELINES ............... 68 APPENDIX 2: SUMMARY OF THE HEALTH AND SAFETY IN EMPLOYMENT ACT 1992................................................................................................70 REGULATIONS ......................................................................................... 70 APPROVED CODES OF PRACTICE ..................................................................... 71 EMPLOYERS’ DUTIES .................................................................................. 71 HAZARD MANAGEMENT ............................................................................... 71 INFORMATION FOR EMPLOYEES AND HEALTH AND SAFETY REPRESENTATIVES ................... 72 TRAINING AND SUPERVISION OF EMPLOYEES ....................................................... 73 EMPLOYERS TO PROVIDE OPPORTUNITIES FOR EMPLOYEE PARTICIPATION....................... 73 RESPONSIBILITY FOR EMPLOYEES’ WORK ACTIVITIES ............................................. 73 DEEMED EMPLOYEES .................................................................................. 74 DUTIES OF EMPLOYEES ............................................................................... 74 THE SELF-EMPLOYED .................................................................................. 74 PRINCIPALS ............................................................................................ 74 HIRERS, SELLERS AND SUPPLIERS OF PLANT ....................................................... 74 PERSONS IN CONTROL OF A PLACE OF WORK ....................................................... 75 ACCIDENTS AND SERIOUS HARM (RECORDING AND NOTIFICATION) ............................. 75 Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 4 of 75 NOTICE OF ISSUE I have issued this Approved Code of Practice for Safety and Health in Tree Work — Part Two: Maintenance of Trees Around Power Lines, being a statement of preferred work practices or arrangements for the purpose of ensuring the health and safety of persons to which this Code applies and persons who may be affected by the activities of this Code. Chris Blake Secretary of Labour Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 5 of 75 FOREWORD I have approved this statement of preferred work practices, which is an Approved Code of Practice for Safety and Health in Tree Work — Part Two: Maintenance of Trees Around Power Lines under section 20 of the Health and Safety in Employment Act 1992. When a code is approved, a Court may have regard to it in relation to compliance with the relevant sections of the Health and Safety in Employment Act. This means that if an employer in an industry or using a process to which an approved code applies can show compliance with that code in all matters it covers, a Court may consider this to be compliance with the provisions of the Act to which the code relates. Hon Trevor Mallard Minister of Labour Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 6 of 75 The Health and Safety in Employment Act 1992 The object of the Health and Safety in Employment Act 1992 (the Act) is to prevent harm to all people at work and people in, or in the vicinity of a place of work. The Act creates duties for most people connected with places of work: (a) Employers (b) Employees (including trainees and people gaining work experience and volunteers) (c) Self-employed (d) Principals to contracts (e) Persons who control a place of work (f) Hirers, sellers and suppliers of plant The Act authorises the creation of Regulations to impose duties and Codes of Practice as statements of preferred practice. The Act also requires, among other things: (a) The management of hazards (b) Information, training and supervision for employees (c) Training and supervision of employees (d) Opportunities for employee participation (e) Recording and notification of accidents A summary of the Health and Safety In Employment Act 1992 is available at Appendix 2 of this Code. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 7 of 75 ABOUT THIS CODE Structure This Code is in two parts to better target the information it contains. Part A identifies the preferred work practices for supervisors, employees and others working in the field. Part B identifies the preferred management standards and practices in support of Part A for asset managers, service providers and others. Part B expands on a number of the requirements that are mentioned briefly in Part A for field users. Both Parts must be taken in conjunction. Use of the term “this Code” applies to the entire Code, including the opening sections and Parts A and B. Terminology and Defined Terms Defined terms are listed in the “Definitions and Abbreviations” section and are italicized where the particular meaning applies throughout the Code. The term “the Department” or “Department” throughout refers to the Department of Labour Workplace Services. Acknowledgement The Department of Labour acknowledges the assistance given by the power and arboriculture industry representatives in developing the first edition of this Code. The Department also commends the Trees Code Part Two Work Group convened by the Electricity Engineers Association of New Zealand for its contribution in developing this revised edition. This Work Group comprised regulatory representatives, representatives of electric line operators and owners, service providers who carry out the work and The New Zealand Arboriculture Association /32nd chapter of the International Society of Arboriculture Incorporated. Further Information Further information on the occupational health and safety aspects of forestry work is available from the nearest Department office and the Department web site www.osh.govt.nz. The site includes Department contact and address details. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 8 of 75 DEFINITIONS AND ABBREVIATIONS Arborists’ Code Part 1: Code of Practice for Safety and Health in Tree Work — Part 1: Arboriculture (available from Department branch offices). Asset manager: An organisation or person which owns and/or which is responsible and accountable for the electricity network adjacent to the vegetation to be worked on. An asset manager may also be a service provider. Competent: Having the necessary knowledge, skills and experience to carry out work safely and to the requirements of this Code. Earthed: Effectively connected to the general mass of earth. Electrical hazard: A source of potential harm arising where any person or worker, tool, mobile plant or equipment, or any conductive object (including vegetation) or any conductive matter (including herbicide) encroaches the minimum approach distances as specified in appropriate parts of this Code. Electricity network: means transmission and distribution systems for conveying or controlling the conveyance of electricity between generators’ points of connection and customers’ points of connection. EWP: An elevating work platform vehicle or any other aerial lift equipment for which the height is adjustable by powered means. Live: Any electrical equipment or item having a potential difference between it and earth. It includes equipment which is isolated and de-energised but not earthed. Minimum approach distance (MAD): The closest distance, specified for voltage, to which a person, anything they hold (e.g. hand tools or hand held equipment) or anything they are in contact with (e.g. vegetation), or to which any object (e.g. mobile plant or equipment or any attachments thereto) may approach a live power line. The minimum approach distances for ordinary persons are specified in Section A5.3 of this Code. The minimum approach distances for utility arborists and the mobile plant they use while working with vegetation are specified in Table 1 of this Code. Minimum tool insulation distance: The minimum effective length of exposed insulating material that forms the insulating tool, commensurate with the voltage of the power line around which vegetation is being trimmed. The ‘effective length’ is measured between the conductive parts of the insulated tool or between the metal end tool fitting and the designed operator hand mark as appropriate. Where the insulated tool comprises insulated sections joined by metal couplings, the ‘effective length’ is measured by the sum of the insulating lengths not bridged by the metal couplings. Ordinary person: in this Code, any person/s (including any arborist) who is not competent to this Code. Qualified electrical workers approved by an asset manager to do any work with vegetation are not ordinary persons. OTJ Training: On-The-Job training (as distinct from formal training in a class or group setting) Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 9 of 75 Power line: Any overhead electric conductor including service mains (including fittings supporting, or connected to those conductors), that are used, or intended to be used, in or in connection with the supply of electricity: From the outgoing terminals of a generating station, building enclosure, or other structure, to the incoming terminals of any other building, enclosure or other structure; Including all overhead electric mains such as service, power company or customer mains, or sub mains, whether owned by an asset manager or private owner. Note: In this Code all use of the term “power line” has the meaning of live overhead electric conductors, unless specifically mentioned otherwise. Qualified Electrical Worker: Any registered person holding a current practicing license, or any employee currently competent to carry out prescribed electrical work under an employer license, pursuant to the Electricity Act 1992. Responsible Person: Persons other than asset managers or service providers, for example councils, or factory, farm or any other property owners or managers, or business proprietors, who own or have control over any trees in the vicinity of any power lines, or who own or have control over any privately owned power lines that are not part of any electricity network, and who may arrange or require from time to time the carrying out of vegetation control work at a place of work. Service Provider: an organisation, including any asset manager, employer or self employed, who undertakes vegetation control work. SM-EI: Safety Manual – Electricity Industry (including Parts 1 and 2, and Part 3. Depending on the context, the Code narrative may refer to a particular Part). Supervisor: The utility arborist Level 1 or 2, whether or not (s)he is titled a ‘supervisor’ by occupation, who is certificated to be and designated the person in charge of the work at the place where it is performed. Tertiary Education Organisation: Tertiary Education Organisation. A polytechnic, private training establishment (PTE), industry standard setting body (ITO) or registered tertiary teaching organisation accredited to deliver NZQA aligned industry standards and assessments. Trainee: An employee undertaking work who is not yet competent and who is supervised by someone who is. Trainer: A person certificated by a Tertiary Education Organisation as currently competent to deliver training to the outcomes required by this Code. Before being certificated as a trainer for utility arborists’ competencies he or she must satisfy the following minimum requirements: The trainer must have: a) Current competency to the requirements of this Code and current competency in the work procedures being taught, and b) A minimum of 12 months documented work experience in vegetation control near power lines, and c) Competency in instructing techniques, and d) Meet any other trainer requirements that the TEO might require. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 10 of 75 Utility Arborist: A worker whose training, qualifications, experience and ongoing evaluation ensures competency in both arboriculture and electrical safety requirements, and proficiency in the relevant work skills necessary to ensure safe outcomes for personnel, power lines and the work with vegetation and who is thereby designated as a utility arborist under this Code, as further described in Section B3. There are two levels of utility arborist – Level 1 and Level 2, the different requirements for which are specified in Section B3.1. Vegetation: Any living or non-living flora or any part of that flora. Vegetation control: In this Code means: a) b) Maintenance of vegetation by utility arborists, and associated work processes, where any part of the vegetation encroaches, or may encroach due to any cause or due to any work process: i) 4 metres from any power lines up to 110kV or 6 metres from power lines at 220kV a.c. or 135kV d.c. and above, or ii) The vegetation control zone, or The use of mobile plant by utility arborists for work with vegetation (whether or not the vegetation encroaches the above distances), where use of the mobile plant may potentially encroach 4 metres from the power lines up to 110kV or 6 metres from power lines at 220kV a.c. or 135kV d.c. and above (whether or not the vegetation itself encroaches the above distances). Note: Mobile plant includes mechanical hedge or shelter belt trimmers. At the time of this Code development, a Department document providing guidance on mechanical hedge and shelter belt trimmers was under development. Vegetation control zone: the zone surrounding the power lines, bounded by the appropriate minimum approach distance for ordinary persons (being 4 metres for voltages up to 110 kV and 6 metres for voltages above 110 kV) and boundary lines tangential to the minimum approach distance, drawn at 45 degree angles away from either side of the power lines, as illustrated by Figure 3. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 11 of 75 1 SCOPE, PURPOSE AND APPLICATION Scope This Code contains minimum safety requirements for the maintenance of vegetation in close proximity to any live power lines, whether part of an electricity network or privately owned power line, where the work activity is covered by the Health and Safety in Employment Act for any of the parties to the work. This Code should be read in conjunction with the Arborists’ Code Part 1, asset manager requirements appropriate to any of the work, and the service provider’s work processes and procedures. The Code pertains to work in connection with maintaining or clearing vegetation in the vicinity of power lines. Purpose This Code is a statement of preferred work practices for responsible persons, service providers, utility arborists and asset managers in relation to vegetation control work by utility arborists. It supports their achieving safe outcomes for persons and power supplies in the course of this work. The Code also provides preferred work practices for the electrical safety of ordinary persons working with vegetation in the vicinity of power lines. Application This Code primarily applies to all instances of work with vegetation near power lines where the Code requires the work to be done by utility arborists. In relation to this, the main body of the Code addresses the application to responsible persons, service providers, utility arborists and asset managers. Part A of the Code is oriented to preferred work practices in the field, and Part B is oriented to asset manager and service provider management practices in particular. The Code also applies to ordinary persons by recommending preferred work practices for their avoiding electrical hazards. Asset manager and service provider management must incorporate the provisions appropriate to each in this Code into their policies and procedures. Responsible persons must implement procedures appropriate to their role in managing or requiring vegetation control work. Utility arborist work practices are applicable across all power lines, whether electricity network or privately owned power lines. Since most of the vegetation control work is around electricity networks, requirements specific to these are integrated into the preferred work practices for utility arborists. Examples are: requirements to follow reclose block procedures, following asset manager policy regarding trees in contact or directions regarding use of safety observers or use of mobile plant, heeding asset manager advice about their electricity network assets or about applying temporary earths etc. While some private power line owners may be equipped and competent to require such practices, most are not. They will usually rely on service provider and utility arborist advice and their use of appropriate work practices in accordance with this Code when clearing Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 12 of 75 vegetation from around such power lines. Utility arborists and service providers must apply the preferred work practices in this Code appropriate to the category of power lines whether to privately owned power lines or to those forming part of an electricity network. Additionally the Code acknowledges that electricity network asset managers may exercise other options for clearing vegetation, for example by qualified electrical workers working to approved procedures (including in emergencies) or by other suitable means if the power lines have been disconnected and made safe. The Code also includes criteria for qualified electrical workers such as line mechanics to be formally recognised as utility arborists where this particular qualification is sought. Such employees would need to be made clear at the work preparation stage concerning the status under which they will carry out any particular assigned work with vegetation, whether as qualified electrical workers working to asset manager requirements, or as utility arborists working to vegetation control procedures required in this Code. References This Code refers to numerous other publications such as various standards, codes and industry and other guides. Users of this Code must refer to current editions of these references. Variations Any Code other than this Code used for vegetation control work must meet or exceed the requirements of this Code, and may be used only with the approval of the asset manager, the service provider and with the agreement of the employees conducting the work. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 13 of 75 PART A VEGETATION CONTROL WORK PRACTICES Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 14 of 75 A1 ELECTRICAL HAZARDS A1.1 General A1.1.1 Vegetation close to power lines is hazardous to these assets and the availability of power supply. The electrical hazard also involves potential for serious harm to persons who trim or remove vegetation from around power lines and to members of the public close by. A1.1.2 Consider all power lines and underground conductors as being live until isolated and earthed and tested to ensure that they are isolated. A1.1.3 The minimum controls to avoid harm from hazards associated with vegetation around power lines are developed in the narrative, tables and figures in this Code. A1.2 Electrical Hazards A1.2.1 Vegetation touching or near to touching live power lines is an electrical hazard. The vegetation may become live and may also be involved in flashover from the conductors. A1.2.2 Vegetation in contact with or close proximity to conductors can be live with little or no visual sign of this. Vegetation that is or has been in contact with conductors may have burned or damaged leaves or branches at the point of contact. A1.2.3 Where any vegetation becomes live from close proximity to power lines, including during flashover, the surrounding ground becomes a “pool” of varying voltage, or “potential difference”, dissipating out from the affected tree. Any person or animal stepping across the “pool” while the voltage exists can be seriously harmed by electric shock. Anyone touching different parts of live vegetation, the ground or mobile plant close by, may also be seriously harmed by electric shock from the “potential difference” across the points of contact. The same principles apply to mobile plant that accidentally contacts live conductors or vegetation that has become livened. Figure 1 illustrates circumstances typical of “potential difference” step and touch hazards. A1.2.4 Other parts of this Code specify minimum requirements to avoid “potential difference” hazards arising in the first place. The most basic of these is keeping vegetation and mobile plant away from power lines. However “potential difference” situations can arise unexpectedly due to uncontrolled circumstances. Utility arborists must understand these hazards and how to avoid harm if they arise. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 15 of 75 A1.2.5 The asset manager should be able to provide “potential difference” hazard information that is specific to its network. More information about step and touch potential, albeit related to fallen conductors, is in Parts 9.5 and 9.6 of the EEANZ Line Mechanics Handbook. Figure 1: Electrical hazards from step and touch potential. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 16 of 75 A2 RESPONSIBLE PERSONS Responsible persons requiring or arranging the clearing of vegetation within the vegetation control zone (see Figure 3) must require this to be done as vegetation control work by utility arborists in accordance with this Code. If for any reason utility arborists cannot or are restricted from doing the work, liaise with the person who controls the power lines and arrange for the vegetation to be cleared by alternative means recommended in this Code. Options may include using an appropriate qualified electrical worker (whether or not under the direction of an asset manager) to clear the vegetation, or by arranging for a qualified electrical worker to disconnect the power lines and make them safe so that arborists or other appropriate persons can safely clear the vegetation. A3 GENERAL REQUIREMENTS A3.1 Key Safe Practices for Utility Arborists in Vegetation Control Work A3.1.1 Key practices for achieving electrical and general safety in vegetation control work are: (a) Obtain the asset manager’s consent for work on vegetation near to power lines in an electricity network and, similarly, liaise with the private owner when the work is around privately owned power lines. (b) Apply the preferred work practices in this Code appropriate to the category of power lines, whether to electricity network power lines or to privately owned power lines. (c) Use only vegetation control work procedures which are written and which are approved by the service provider. (d) Utility arborists must be currently competent to the requirements of this Code. (e) Vegetation control work must be supervised at each work place by a designated supervisor. (f) Consider all power lines as being live unless formally stated otherwise. (g) Work at all times from a position of earth potential. (h) Utility arborists and the plant and equipment in use must not encroach the appropriate minimum approach distances for line voltages specified in Table 1 of this Code. (i) Treat all parts of any vegetation that is inside the utility arborist minimum approach distance as being live. (j) Follow the asset manager’s policy for clearing vegetation that is at or inside the utility arborist minimum approach distance. . (k) Do not climb any tree that encroaches the utility arborist MAD. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 17 of 75 A3.1.2 (l) Apply earths to EWPs and towed attachments where these are required, before raising the EWP boom to the work position. Where earths are required but it is considered impracticable to apply these for any reason, consult with the asset manager before proceeding with the work. (m) Obtain the asset manager’s consent, or, as the case may be, liaise with the private power line owner, before doing any insulated tool procedure. (n) Insulated tools, used by utility arborists Level 2 under approved insulated tool procedures, may encroach the utility arborist minimum approach distance provided that the persons doing the work do not encroach the utility arborist minimum approach distance, and provided that the tools do not contact the live power lines at any time. Employees must: (a) Be familiar with electrical hazards and the related information in this Code. (b) Understand the provisions of this Code and the safe work practices to be followed. (c) Understand the hazards specific to each work place and how to avoid harm from these. (d) Carry out instructions and the work properly, with safe conduct and attitude. (e) Work with due consideration for personal safety and that of others nearby at all times. (f) Ask when in doubt. (g) Rectify or report unsafe conditions. (h) Be familiar with emergency and incident response procedures. (i) Report accidents, injuries and near misses, and promptly attend to injuries. (j) Report on machinery and equipment that is unsafe. (k) Keep the workplace as tidy and organized as practicable. (l) Use only approved tools, machinery and safety equipment that is suitable for the task and which has properly functioning safeguards where these are required. (m) Inspect safety equipment each day before use, and use, store and maintain it in a safe condition (n) Properly use tools and equipment and operate all vehicles safely. (o) Wear and use protective clothing and equipment suited to the task. (p) Obey all safety rules and signs. A3.2 Competence and Supervision for Utility Arborists A3.2.1 Utility arborists and supervisors must be competent to the requirements of Section B3. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 18 of 75 A3.2.2 A designated supervisor must supervise vegetation control work at each place where it is performed in accordance with the standard and practice of supervision in this Code. A3.2.3 The supervisor must plan the work and conduct it to the requirements of this Code as a minimum. A3.2.4 Identify and control the hazards associated with the work at each work place. Discuss the work procedures, the hazards and the hazard controls with the work team so that these are understood by all members of the team before the work begins. A3.2.5 Utility arborists may only do vegetation control work for which they are currently competent. Any work activity for which they are not currently competent must be directly supervised by a competent person. A3.2.6 Trainee utility arborists undergoing OTJ training in the work team must be directly supervised by a utility arborist for the duration of the work, one supervising utility arborist per trainee. In the case of a utility arborist being trained in Insulated Tool Procedures, the trainee must be supervised by a utility arborist Level 2. A3.2.7 Utility arborists must not do work that they consider likely to cause them serious harm. A3.3 Notifications Vegetation control work must be covered by Notification to the Department by the service provider. (See Section B1.2). A3.4 Adverse Weather Conditions All procedures and minimum approach distances shown in this Code apply to good weather and working conditions. Assess and take action to avoid hazards from adverse weather conditions such as lightning, high winds, rain, fog, snow or sleet. (See Section A7.8). A3.5 Protective Clothing and Equipment at Vegetation Control Work Sites A3.5.1 Use personal protective clothing and equipment appropriate to the work in accordance with the service provider’s and asset manager’s requirements. The equipment and its use must conform to the appropriate NZ Standards, or equivalent, and appropriate Guides listed in Appendix 1. In particular: (a) Wear head protection at all times. Do not rely on the helmet for protection from electric shocks. (b) Wear safety footwear that provides ankle support and that has moulded non-conductive soles and protective toe caps. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 19 of 75 (c) Wear safety leg protection at all times while using chainsaws. (d) For work near power lines use protective clothing that gives full body cover, including cover of the arms and legs. As a minimum, use clothing made of cotton drill or cotton-rich blended materials. These give some protection against accidental contact and electrical burns from arcing power lines. (e) Wear hearing protection for protection from harmful levels of noise. Class 5 or minimum of Class 4 hearing protection is recommended as appropriate for use with equipment such as chainsaws. SM-EI 2.1304 and Arborist Code Part 1 provide guidance on hearing protection. (f) Wear appropriate eye protection at all times. (g) Climbing activity and the climbing equipment used must conform to the Arborists' Code Part 1, Sections 25 to 31 “Climbing and Climbing Equipment”. A3.6 First Aid Have available an adequately stocked and maintained first aid kit at the vegetation control work site. Each utility arborist must be instructed in its use. The kit must at least conform to the Arborists' Code Part 1. A3.7 Incident Emergency and Rescue Procedures Utility arborists must be competent in appropriate emergency and incident procedures and also rescue procedures for work above ground, including EWP rescue where appropriate. (See Section A7.9 and Section B6.2). A3.8 Pedestrian and Vehicle Traffic Control public access to the work site, including pedestrian and vehicular traffic at all times while work is in progress. (See Section A 7.4.8). A3.9 Fire Protection for Vegetation Control Work A3.9.1 Capability and equipment to extinguish fires must conform to local and regional authority requirements. Arborist Code Part 1 provides additional information. A3.9.2 Follow any particular requirements from fire authorities when working in special areas such as dry forests, Department of Conservation areas, reserves, etc. A3.9.3 Re-fill petroleum-powered equipment only after it has been stopped. Remove any spilled fuel from the equipment before restarting. A3.9.4 Store, handle and dispense flammable liquids only from approved safety containers. A3.9.5 Smoking is prohibited when handling or working around any flammable liquid. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 20 of 75 A4 EWPS AND OTHER EQUIPMENT A4.1 Elevating Work Platform Vehicles (EWPs) in Vegetation Control EWPs and their use for vegetation control work must conform to the Department’s Approved Code of Practice for Power-Operated Elevating Work Platforms. Additional requirements are contained in the SM-EI and the EEANZ “Guide for the Operation and Maintenance of Elevating Work Platforms”. SM-EI 2.905 and 3.712 specify requirements for the use of mobile plant and vehicles in the vicinity of power lines, however the reduced distances applicable in vegetation control work are specified in Table 1, Section A5.2.3 of this Code. A4.1.1 A4.1.2 EWP Suitability for Purpose (a) Select EWP’s appropriate for the required vegetation control work. Selection must include consideration of EWP insulating properties appropriate to the planned task. (b) Where selection determines that insulated EWP/s must be used, these must conform to ANSI/SIA A92.2 insulating and testing requirements while being used for the work. (c) The non-insulated EWPs used in vegetation control work should be fitted with non-conductive buckets or, if the buckets are made of steel, non-conductive bucket liners must be fitted: (i) Check and maintain buckets and liners in accordance with manufacturer’s instructions. (ii) Holes must not be drilled in the non-conductive buckets or liners. (d) Buckets, platforms or booms of EWP equipment must be fitted with an approved means of anchorage to which a safety harness or lanyard can be secured. (e) Do not drill holes in EWP buckets unless the holes are necessary for fittings or attachments and it can be shown that the holes do not affect the mechanical integrity of the bucket. When to Earth EWPs and Towed Attachments Sections A5.2.2 and A5.2.3 specify minimum approach distances for utility arborists and for mobile plant, and include requirements to maintain separation from any vegetation where any part of this encroaches the utility arborist minimum approach distance. EWP’s, including any towed attachments, must be earthed: (a) Where there is any risk of the EWP/s, or persons, or any tools, or vegetation to be worked on inadvertently encroaching the utility arborist minimum approach distance or the required separation from encroaching vegetation, or Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 21 of 75 A4.1.3 (b) Where encroaching vegetation is to be cleared using approved insulated tool procedures, or (c) For any conditions where any safety observer/s are required for work involving EWP use in accordance with section A5.2.4. Application of Earthing Where earthing is required in accordance with A4.1.2, before raising the boom within the vegetation control zone: (a) Earth the EWP chassis via a short appropriately rated earth lead, temporary earth connection and earth spike driven to a depth of at least 600mm; (b) Bond the chassis of any towed attachment to the EWP chassis; (c) If the towed attachment and EWP are not bonded, earth the towed attachment separately as in (a) above; (d) For ground operated EWPs, bond a conductive mat or plate to the EWP chassis for the operator position. Where application of the required earths is considered impracticable for any reason, consult with the asset manager before commencing the work. A4.1.4 Operating EWPs, Tow Attachments and Stand-Alone Plant (a) Operators of ground-operated EWPs must stand on the bonded conductive mat or plate installed in accordance with A4.1.3. (b) Except as in (c) below, all persons at ground level other than the EWP operator must stand well clear of the EWP and any towed attachment during EWP positioning and operation within the vegetation control zone. (c) Tow attachments such as wood chippers may be operated only where there is no electrical hazard to the chipper operator. This also excludes operating any tow-attached chippers during any of the conditions under A4.1.2 (a) to (c). (d) Stand-alone wood chippers must be positioned and operated well clear of any step and touch potential footprint at the work site. (e) Warn members of the public to stay clear and use warning signs and barriers where appropriate. The EEA “Guide to Avoiding Electrical Hazards in the Use of Mobile Plant Near Overhead Electric Lines” contains additional information on preferred practices for use of EWPs in vegetation control work. A4.1.5 Consent for Reduced Distance Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 22 of 75 (a) A4.1.6 Section A5.2.3 requires the asset manager’s written consent to operate EWP or other mobile plant over or closer than 4 metres from any power line. Where the asset manager does consent to this activity: (i) The asset manager should require written confirmation that the work will be carried out in accordance with the asset manager’s conditions, this Code, other relevant industry guides and approved work procedures. (ii) A copy of the asset manager’s consent must be held on site by the EWP operator. Additional EWP Operating Requirements and Precautions (a) Chock wheels and correctly position outriggers or torsion bars before using any EWP. (b) Wear a full body harness secured to the anchorage at all times while in the bucket. (c) Buckets designed to hold one person must not have more than one person in them. (d) While operating an EWP, look in the direction of bucket travel and be aware of the boom in relation to other objects and hazards. (e) Only use an EWP as a crane or hoist to lift and lower materials if it is specifically designed to perform such operations. (f) Do not run booms or buckets into live power lines, cables, poles, trees or other similar objects. (g) Do not run electric leads (for portable electrical appliances) or electrically conductive hoses and pipes from the truck or the ground to the bucket of an EWP. (h) Refuel portable equipment away from buckets. Do not carry flammable liquid containers or liquids in bucket liners; there is a risk of vapour pooling and subsequent fire or explosion. (i) Comply with vehicular and pedestrian control requirements, including the requirements in Section B2.2.8, while operating EWP booms over roads. A4.2 Safety Harnesses A4.2.1 Harnesses must conform to the relevant AS/NZS 1891 Standards or to relevant English language standards issued by organisations that are Member Bodies of the International Organisation for Standardisation (ISO). If no suitable standard exists the service provider must ensure that the equipment is certified by the supplier as fit for the purpose intended. A4.2.2 Use and maintain harnesses in accordance with the manufacturers' instructions, relevant Standards, and Section 28 the Arborists' Code Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 23 of 75 Part 1. Additional guidance on personal fall arrest systems is contained in the SM-EI 2.1307 and the EEANZ “Technical Guide for the Use of Personal Fall Arrest Systems” A4.2.3 Safety strops/flip lines attached to climbing harnesses must not be made of or contain metal. A4.3 Measuring Sticks or Rods Measuring sticks must conform to the current edition EEANZ “Guide to Portable Equipment for Work On or Near Conductors” including, for example, conformance to design, material and dimension specifications, insulation acceptance testing, marking, pre-use and periodic inspection, periodic testing, maintenance and storage, and transport. A4.4 Rope A4.4.1 Rope is an item used only outside the utility arborist MAD for climbing, securing or controlling vegetation, or moving materials in support of the vegetation control work. Rope used to support vegetation control work, including rope used to support approved insulated tool procedures, must not be used within the utility arborist MAD. A4.4.2 Rope used in vegetation control work must be fit for purpose, and clean and dry to minimise electrical hazards in the event of accidental contact with power lines. A4.4.3 Store and handle rope in a way that ensures that the required properties of the rope are maintained. A4.4.4 Rope that forms an integral part of approved insulated tools must conform to the requirements for insulated tools in this Code. A4.4.5 Live line rope is specialist rope used only for live line procedures covered in ECP 46 and is not required for use in vegetation control work. A4.4.6 Use all ropes in accordance with the requirements of section 27 of the Arborists' Code Part 1. A4.4.7 Do not use wire ropes and strops within 4 metres of a power line without the permission of the asset manager. A4.4.8 Control climbing ropes, particularly when placing them over climbing crotches, to avoid accidental contact with power lines. A4.4.9 Always direct ropes away from power lines, or control them to prevent tail ends from swinging towards the power lines. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 24 of 75 A4.5 Ladders Within the Vegetation Control Zone A4.5.1 Ladders may be used only outside the utility arborist minimum approach distance. A4.5.2 Use only wooden ladders that conform to AS/NZS 1892.2: 1992 “Portable Ladders – Timber”, or use non-conductive ladders made of a material with strength equal to or better than the conforming wooden ladders. A4.5.3 Maintenance, care for, inspection, use and storage of ladders as for vegetation control work must conform to Section 30 of the Arborists' Code Part 1 and the current edition EEANZ “Guide to Portable Equipment for Work On or Near Conductors” as appropriate. A4.6 Pruning Tools A4.6.1 Maintenance and use of all pruning tools must conform to the manufacturers' operating instructions and the Arborists' Code Part 1. A4.6.2 Place pole pruners and pole saws away from power lines. Do not hang pole pruners and pole saws on power lines or cables. A5 MINIMUM APPROACH DISTANCES A5.1 General A5.1.1 Utility arborists and ordinary persons must observe the separations from power lines specified for each in this Section A5 of the Code. A5.1.2 The minimum approach distances for persons and mobile plant are specified for ideal environmental, weather and working conditions. Allowances must be made for the effects of temperature, wind and other environmental influences on power line sag and swing while vegetation control work is in progress. In practice, extra safety clearance should be allowed towards centre span to maintain the required minimum approach distances at all times, as illustrated by Figures 2a, 2b and 2c. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 25 of 75 Figure 2a: Conductor swing and sag Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 26 of 75 Figure 2b: Conductor swing and sag Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 27 of 75 Figure 2c: Conductor swing and sag Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 28 of 75 A5.2 Utility Arborists Carrying Out Vegetation Control Work A5.2.1 A5.2.2 Approval for the work (a) Obtain the asset manager’s consent for vegetation control work to be done around their electricity network. (b) Liaise with any private owner for vegetation control work to be done around their power line. (c ) Only work procedures approved by the service provider may be used for the work. Utility Arborist Minimum Approach Distances (a) Table 1 Column A sets out the minimum approach distances for utility arborists. These distances apply to all parts of the body, clothing, and any handheld tools. (b) Factors such as trees on slopes or background lighting can cause trees to appear more distant from power lines than they actually are. Take measurements where there is any doubt about the distance between any tree and the power line. (c) Where the vegetation encroaches or is for any reason likely to encroach the utility arborists minimum approachdistance: (d) (i) Treat the vegetation as being live. (ii) Maintain separation from the vegetation equivalent to the minimum approach distance for line voltage. (iii) Liaise with the asset manager or private owner. Where the asset manager’s policy requires, or the private owner agrees to, the use of insulated tool procedures to clear the encroaching vegetation: (i) Only utility arborist L2 may do this work using approved insulated tools and procedures. (ii) Conduct the work from a position which is both outside the minimum approach distance for utility arborists and which also maintains a separation distance from the encroaching (potentially live) vegetation equivalent to the minimum approach distance applicable at the time. The separation from the encroaching vegetation applies until the vegetation has been trimmed to a position outside the minimum approach distance, where the electrical hazard is therefore eliminated. (iii) Only approved insulated tools may encroach the utility arborists minimum approach distance and the separating distance from the encroaching (potentially live) vegetation. Figure 3 illustrates the vegetation control zone within which utility arborists work, and the utility arborist minimum approach distance that may be penetrated only by insulated tools. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 29 of 75 Figure 4 illustrates the minimum approach distance, the corresponding separation distance from encroaching (potentially live) vegetation, and application of the distances during the use of insulated tools. (e) A5.2.3 (e) Where it is impracticable to maintain the required separation distance from the encroaching vegetation: (i) For an electricity network, liaise with the asset manager and proceed according to their policy (see Section B2.1(b)(i) and (ii)). (ii) For a privately owned power line, advise the owner on options available to responsible persons (see Section A2). Utility arborist use of mobile plant for vegetation control (a) All mobile plant, including all EWPs or other machinery or any load carried, must not operate over or approach closer than 4 metres to any power line, unless, in the case of electricity network power lines, the asset manager consents to this with conditions for the activity and the conditions are met. (b) Where the asset manager does consent to the above, the minimum approach distances must be not less than those stated in Table 1 Column B. (c) The consent and conditions from the asset manager, including the applicable minimum approach distances, must be in writing. (d) EWPs must be earthed in accordance with Section A4.1. In the case of privately owned power lines, since private owners generally do not have the knowledge or experience to consent to closer approach with safety conditions for mobile plant use, service providers must require the same work practices with mobile plant that would reasonably be expected by asset managers for similar work around electricity network power lines. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 30 of 75 Table 1. Minimum approach distances (“MAD”) for utility arborists and reduced MAD for mobile plant use by utility arborists in vegetation control. Power Line Nominal A. MAD in Metres for B. Mobile Plant MAD with Design Voltage Utility Arborists Asset Manager Consent Not exceeding 1 kV a.c. 0.5 1.0 11 kV 1.0 1.0 22 kV 1.5 1.5 33 kV 1.5 1.5 50/66 kV 2.0 2.0 110 kV 3.0 3.0 220 kV 4.0 4.0 + 135 kV d.c. 3.0 3.0 + 270 kV d.c. 4.0 4.0 + 350 kV d.c. 4.0 4.0 A5.2.4 Appointment of Safety Observers (a) Safety Observers must be appointed in accordance with the requirements of SM-EI 3.708 and this Code. (b) In vegetation control work, appoint Safety Observers where: (c) (i) Utility arborists, trees or non-insulated tools they are working with are at risk of encroaching the utility arborist minimum approach distance for the line voltage (see Table 1 column A), or (ii) There is a risk of mobile plant encroaching reduced mobile plant minimum approach distances (Table 1 Column B), or (iii) As required by the asset manager for the use of mobile plant (e.g. for work above conductors), or (iv) During insulated tool work: • Where there is a risk of any part of a utility arborists body encroaching the utility arborist minimum approach distance or • Where insulated tools, parts of a utility arborist’s body or trees may contact a live conductor, or • Where approved insulated tool procedures require Safety Observer appointment. More than one Safety Observer may be appointed where the work position and complexity require this. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 31 of 75 (d) Safety Observers must be competent in the work they observe. (e) Trainees or non-competent persons must not carry out the Safety Observer role. (f) Section A7.5 details the role of the Safety Observer during vegetation control work. Figure 5 “Utility arborist activities in the vegetation control zone” illustrates key examples of permitted and prohibited activities for utility arborists Level 1 (UAL 1) and Level 2 (UAL 2). Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 32 of 75 Figure 3: Permissible zones and minimum approach distances for utility arborists and ordinary persons. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 33 of 75 Figure 4: Illustration of utility arborist separation from (potentially) live tree Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 34 of 75 Figure 5: Utility arborist activities in the vegetation control zone Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 35 of 75 Figure 5 continued…. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 36 of 75 A5.3 Minimum Approach Distances for Ordinary Persons A5.3.1 The minimum approach distance to power lines for ordinary persons; vegetation they work with; tools, equipment, mobile plant and any substances (e.g. herbicide sprays) they use; and falling vegetation; are: (a) For circuit voltages 110 kV and below – 4 metres, and (b) For circuit voltages above 110 kV – 6 metres. Additionally, ordinary persons and the above associated items must remain outside the vegetation control zone illustrated in Figure 3. A5.3.2 To avoid electrical hazards, ordinary persons must actively lookout to avoid encroachment of the required separations from power lines and the vegetation control zone at all times. Where these separations are likely to be encroached: (a) If the power line forms part of an electricity network, the ordinary persons must contact and seek guidance from the asset manager before proceeding with the work. No exemption is available for ordinary persons or mobile plant they use to approach closer than 6 metres to 220 kV and 4 metres to 110 kV power lines, however the asset manager may consent to work within the vegetation control zone for voltages 66kV and below, including the use of any mobile plant, in accordance with Section B2.1(f). (b) If the power line is owned by a private owner (e.g. farmer, other business, or private dwelling owner), the work must be done by a utility arborist and conform to the work practices in this Code, or the power line must be disconnected and made safe by an appropriate qualified electrical worker before any ordinary persons proceed with the work. Figure 6 “Illustration of Zones and Activities for Ordinary Persons” illustrates permitted and prohibited zones and activities for ordinary persons. A6 WORK METHODS IN THE ORDINARY PERSON ZONE This Section sets out the minimum requirements for work on any vegetation that is in the ordinary person zone but where no part of the vegetation extends into the vegetation control zone. These zones are illustrated in Figure 3 of this Code. Section A5.3 specifies the required separation of ordinary persons from power lines and the vegetation control zone. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 37 of 75 All work with vegetation in the ordinary person zone should be done in accordance with the Arborists’ Code Part 1. Figure 6: Illustrations of zones and activities for ordinary persons Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 38 of 75 A7 UTILITY ARBORIST WORK METHODS WITHIN THE VEGETATION CONTROL ZONE This Section sets out particular requirements for utility arborists work in the vegetation control zone, provided that no part of the vegetation encroaches or is likely to encroach the utility arborist minimum approach distance. Section A8 deals with clearing encroaching vegetation where asset manager policy is to use insulated tool procedures to do so, or, for privately owned power lines, where insulated tool procedures are appropriate for the work. A7.1 General A7.1.1 Obtain the asset manager’s consent or, as the case may be, liaise with the private power line owner, for work on vegetation near to power lines. A7.1.2 Vegetation control work must be done by utility arborists, including any appropriately supervised trainees under OTJ training, working to written procedures approved by the service provider. A7.1.3 Vegetation control work at each work site must be supervised by a designated supervisor who is competent to the requirements of this Code. A7.1.4 All work must conform to relevant requirements of the Arborists' Code Part 1 and to relevant SM-EI requirements for work near power lines. A7.1.5 Only work where light conditions are adequate for the task. A7.1.6 Conform to the minimum approach distances specified in Section A5.2. A7.1.7 In applying the minimum approach distances, allow for environmental effects of wind and temperature on power line swing and sag.(see Figures 2a, 2b and 2c). A7.1.8 Fell trees in a direction away from power lines, unless an alternative method is agreed with the asset manager or private power line owner as the case may be. A7.1.9 Treat any tree encroaching the utility arborist minimum approach distance or in contact with any power line as being live: (a) Do not climb such trees; and (b) Maintain separation from these trees equivalent to the overhead line voltage minimum approach distance; and Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 39 of 75 (c) Liaise with the asset manager and follow their policy for these situations, or as the case may be, liaise with the private power line owner regarding available options conforming to this Code for conducting the work. A7.1.10 Do not operate EWPs or other mobile plant over or allow these to approach closer than 4 metres to any power line without written consent from the asset manager. The requirements for closer approach are in Sections A5.2.3 and A4.1.5 of this Code. A7.1.11 Reclose blocks may be applied for vegetation control work covered by this Section (A7) of this Code if the asset manager or service provider prefers this, although application of this measure must not in any way substitute for strict adherence to the other requirements for the work. A7.2 Work Procedure Conformance and Availability A7.2.1 Current approved work procedures, including the procedure in use at the time, must be readily available at each worksite. A7.2.2 Work teams must conform strictly to approved work procedures. Minor non-substantial procedural variations are permitted to suit specific task requirements provided that these do not alter the basic structure of the procedure, do not reduce applicable minimum approach distances and do not compromise safety requirements or safe work performance in any way. (Section B4 specifies development and documentation for approved work procedures. A7.3 Work Team Composition A7.3.1 There must be at least the number of utility arborists required by the work procedure present at the work site at all times while the procedure is under way. Any trainee/s added to the work team for OTJ training must be additional to the number required for the work procedure. (See Section A3.2.6 for supervision of OTJ trainees). A7.4 Before Starting Work A7.4.1 Permission Obtain the asset manager’s permission for the work to be carried out. A7.4.2 Communications with the Asset Manager Establish and maintain a reliable on-site two-way communication link with the asset manager, and re-established it as soon as possible if it is lost. A7.4.3 Work Team Communications Establish and maintain effective communication among all the members of the work team, including trainees, for the duration of the work. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 40 of 75 A7.4.4 Tree hazard identification Inspect trees to identify hazards before entering, climbing or performing any work on the trees. A7.4.5 A7.4.6 Circuit and minimum approach distance identification (a) Identify and record the circuit/s and voltages around which work is to be done and the minimum approach distance required for the work. (b) The recorded minimum approach distance must not be less than specified for relevant line voltage in Table 1 of this Code. Earthing Earth mobile plant including EWPs in accordance with Section A4.1 of this Code. A7.4.7 Job Briefing (a) (b) (c) A7.4.8 Hold a job briefing to discuss with the work team: (i) Why the work is to be done. (ii) What is to be accomplished. (iii) Work team composition (iv) How the work is to be carried out. (v) Individual roles and responsibilities. (vi) Hazards specific to each task and how these will be controlled. Address factors which affect the safety and progress of the work, particularly: (i) Circuit identification of the power lines in close proximity to the trees, and the associated voltage or voltages. (ii) The minimum approach distances for those voltages, as specified in Section A5. All of the above items including the name of the designated supervisor must be documented. Work Area Control Where the public are in the vicinity of any operation, designate and mark sufficient area around the vegetation (including any EWP in use) as a work area. Marking must include erection of warning signs, barricades, marker ropes or other appropriate and effective methods. Maintaining public separation from the area reduces the risk of “step” and “touch” potential arising where a tree, mobile plant or other equipment accidentally contacts a live conductor. A7.5 Role of Safety Observers (a) Section A5.2.4 specifies circumstances where Safety Observer(s) must be appointed. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 41 of 75 (b) Safety Observers must be competent in the work being observed and must understand the hazards specific to the work site; (c) The Safety Observer(s) must: (i) Be suitably identified and known to relevant work team members at all times; (ii) Have the authority to temporarily suspend the work at any time, (iii) Be positioned at a suitable location to effectively observe the work being performed, (iv) Maintain effective and immediate communication with the work team at all times, (v) Ensure that all persons, tools (except insulated tools used by utility arborist), plant and equipment remain outside the specified minimum approach distance and maintain separation from (potentially) live trees as appropriate, unless performing a rescue in accordance with approved procedures, (vi) Suspend work while moving position so as to continue the Safety Observer role effectively from a new position, (vii) Suspend all work in the event of having to leave the site until he or she has returned or has been replaced, and (viii) Must not perform any other task, including passing tools to work team members, while acting as a Safety Observer (c) The Safety Observer(s)’s role may be rotated between members of the work team, for example to maintain effectiveness and to reduce fatigue. When this occurs, the role must be formally handed over so that all members of the work team are aware at all times who is performing the role of the Safety Observer(s). (d) Trainees must not carry out the Safety Observer role. A7.6 During Work A7.6.1 Minimum approach distances Observe the correct minimum approach distances at all times, as identified and recorded under Section A7.4.5 above. A7.6.2 Safe climbing (a) Tree climbing must conform to Sections 25 to 31 "Climbing and Climbing Equipment" of the Arborists' Code Part 1. (b) Climbers must be conversant with and competent in safe climbing techniques and must use climbing equipment designed and fit for purpose. (c) Continually monitor the position of the tree/s and the climber/s in relation to live power lines so that the minimum approach Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 42 of 75 distance is not encroached by the climber or the tree/s. Climbing should be on the side of the tree that is away from the lines. (d) Attach a separate rope to limbs that cannot be safely controlled by a climber. The rope should be controlled by utility arborist/s at ground level. Use of the same crotch for both the safety rope and the lowering rope should be avoided. A7.7 Safe pruning and felling A7.7.1 Pruning practices must conform to Sections 32 to 35 "Tree Pruning" of the Arborists' Code Part 1. A7.7.2 Any tree felling practices must conform to Sections 36 to 42 “Tree Felling” of the Arborists' Code Part 1. A7.7.3 Control trees and tree parts during work procedures. Where a tree or any part of a tree does inadvertently fall towards a live power line, do not attempt to stop it falling. A7.7.4 When pruning trees, whether working from ropes inside a tree or from a EWP: (a) Control branches or limbs with the use of ropes, prior to commencing cutting, (b) Support branches and limbs so that during any cutting or removing, they will move away from any live power line, (d) Fully control any branch or limb which may spring in any direction and create hazardous conditions. A7.7.5 Fully secure branches or limbs extending over power lines before cutting or trimming, to prevent them falling into the utility arborist minimum approach distance or onto power lines. Very small individual cuttings may be allowed to fall to the ground between the conductors provided that the diameter of such cuttings is less than 75 mm and the length less than half the distance between the conductors. A7.7.6 If any part of a tree cannot be controlled with certainty that it will move away from the power line, stop the work immediately and use one of the following options: A7.7.7 (a) Adjust the work method so that it is not possible for any part of the tree to encroach the utility arborist minimum approach distance or contact the live power line; or (b) Liaise with the asset manager to determine whether the line should be taken out of service for de-energised work procedure. Work procedures must provide, in accordance with the asset manager’s policy, for situations where any part of any tree: (a) Does inadvertently fall or move into the utility arborist minimum approach distance, or (b) Does make contact with or comes to rest on live power lines, or Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 43 of 75 (c) Is imminently likely to do either of the above. A7.8 Weather conditions A7.8.1 Adverse weather, for example high wind, rain, sleet, snow, mist, fog or lightning, can make control of vegetation more difficult during trimming activity or may increase electrical hazards. A7.8.2 Stop vegetation control work for the time being where such hazards, including lightning in particular, prevent the work being done safely. Descend to ground level and keep clear until the hazard has passed. A7.9 Procedures In The Event of an Emergency or Incident A7.9.1 Suspend any work and immediately notify the asset manager when any emergency condition develops or incident occurs during vegetation control work whether or not the power lines are live (e.g. a tree making contact with or falling towards a live power line). Work may resume only with the approval of the asset manager after the emergency condition has been resolved. A7.9.2 In this Code, emergencies or incidents include as a minimum: (a) An electric shock or other serious injury received by any member of the work team or member of the public. (b) A flashover at, or close to, the worksite for any reason. (c) Complete or partial breakdown of any insulating tool or equipment, irrespective of whether flashover occurred. (d) The electrical or mechanical failures of any insulating tool, which did, or could have the potential to, cause an accident. (e) Any occurrence that impacts upon the physical or electrical integrity of the electricity network. (f) Any occurrence that necessitates a rescue procedure or which causes serious harm to any person. (g) Any near miss for the emergencies or incidents specified above. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 44 of 75 A8 UTILITY ARBORIST INSULATED TOOL WORK Additional to the relevant practices in Section A7, the following Section A8 requirements apply where asset manager policy is for utility arborists to clear vegetation encroaching the utility arborist minimum approach distance. Relevant procedures in this Section also apply where insulated tools procedures are required near privately owned power lines. A8.1 Clearing Encroaching Vegetation Restriction Only utility arborists Level 2 may clear vegetation that encroaches the utility arborist minimum approach distance, by the use of approved insulated tool procedures. A8.2 Tree Climbing Restriction Do not climb any trees where any part of the tree encroaches the utility arborist minimum approach distance. A8.3 Insulated Tools and Equipment All insulated tools and equipment to be used for insulated tool work must conform to the requirements in Section B5, and must have current test certification or labels, or be listed in a register as having a current test. A8.4 Work Team Composition Work team composition is specified in Section A7.3. During insulated tool work procedures one of the utility arborists should remain on the ground at all times. A8.5 Before Commencing Work A8.5.1 A8.5.2 Minimum tool insulation distance (a) A utility arborist Level 2 must verify the minimum tool insulation distance required for the work. (b) Place marks that do not reduce or damage the tools' insulation qualities on the insulated stick; position the marks so that the minimum approach distances (Table 1) and minimum tool insulation distances are not infringed. Auto-reclosers and protection (a) The supervisor must request the asset manager to disable the auto-reclose equipment controlling the section of power line near which insulated tool procedures are to be carried out. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 45 of 75 (b) The auto-reclose equipment must be disabled for the duration of the work. (c ) Having disabled the auto-reclose equipment as requested, the asset manager must confirm to the supervisor that: (i) The auto-reclose equipment is disabled and will remain so for the requested duration; (ii) The reclosing equipment is tagged out of service with an appropriate safety tag and, where possible, locked; (iii) Protective devices are operational on that section of line and will remain operational for the requested duration; (iv) The status of items (i) to (iii) above will not change until an assurance has been received from the supervisor that: • The insulated tool work has been completed and the worksite is safe. • All utility arborists, equipment, tools and mobile plant are safely clear of the power line. A8.6 During Work A8.6.1 A8.6.2 A8.6.3 Consent and approved procedures (a) Obtain the asset manager’s consent before carrying out insulated tool work. (b) Only insulated tool procedures approved according to the requirements in Section B4 may be used. Tools and equipment (a) Only use tools and equipment that are in a clean and dry condition. (b) Do not lay tools and rope directly on the ground. (c ) Visually inspect and clean all equipment and insulating tools before any use. Withdraw from service any tool or equipment that appears to be defective, and arrange further inspection, testing, repair and/or replacement as appropriate. (d) Keep all insulating tools and equipment clear of oils, greases, oil-based hand cream, oil-based sunburn cream or any other oil-based substance. Tool insulation distances When using insulated tools, observe appropriate minimum tool insulation distances, as determined under Section A8.5.1 above. A8.6.4 Pruning procedures (a) Where possible, pull vegetation clear of live power lines before cutting. (b) A cutting from a tree may be moved towards a live power line provided that distances equivalent to the minimum approach Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 46 of 75 distance for line voltage are maintained between each of the cut section, the tree and the power lines. A8.6.5 A8.6.6 (c ) A small cutting may be allowed to fall between the conductors of power lines providing its diameter is less than 75 mm and its length is less than half the distance between the conductors. (d) Any rope involved with insulated tool procedures must be used outside the utility arborist minimum approach distance and must conform to Section A4.4. Communications with the Asset Manager (a) Establish and maintain clear two-way communications with the asset manager at all times for the duration of the work. (b) Regularly check that the two-way communication is working during the course of the work. ( c) If the two-way communication is lost or cannot be confirmed re-establish the link as soon as practicably possible. If the communication loss occurs during insulated tool procedures, stop the work until two-way communication with the asset manager is re-established. (d) Agree and set up alternative communication arrangements with the asset manager if usual methods are impracticable for any reason, for example topography or remote location. Work Team Communications Establish and maintain effective communication among all the members of the work team, including trainees, for the duration of the work. A8.6.7 Safety Observer(s) Section A5.2.4 specifies when to appoint Safety Observer(s) and Section A7.5 specifies their role and responsibility in vegetation control work in general. Implement the Safety Observer role as appropriate to meet the requirements for insulated tool work. A8.7 Ladders Ladders used in insulated tool procedures must be either insulated ladders or reinforced fibreglass ladders. A8.8 Care and Use of Tools and Equipment Store and transport insulated tools and equipment in moisture and dust-resistant containers or transporters. The transportation containers should be constructed so that the tools are held firmly in place to prevent surface abrasion or other tool damage. The containers must be well ventilated to avoid moisture effects from excess humidity or condensation. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 47 of 75 A8.9 Routine Testing and Inspection A8.9.1 Test all insulating equipment and tools in accordance with ANSI/IEEE: 978 every twelve months. Before testing, clean each equipment or tool item in accordance with the manufacturer’s recommendations or the requirements of the employer. A8.9.2 Inspect tools prior to use for signs of overstressing. This type of damage is evident by distorted or cracked parts, bent rivets or bolts. Check metal parts for excessive wear and other visible damage. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 48 of 75 PART B MANAGEMENT STANDARDS AND PRACTICES Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 49 of 75 B1 LEGISLATIVE REQUIREMENTS B1.1 Safety of Power Lines and Work with Vegetation B1.1.1 The Electricity Act 1992 and subordinate Regulations require asset managers to maintain safe electricity networks, and the Regulations and Codes under that Act provide more detailed requirements that support this. The Electricity (Hazards from Trees) Regulations 2003 require tree owners to manage their trees and keep them clear of electricity networks. This is to avoid hazards posed by the trees to the electricity networks and to maintain public safety. This is achieved by specifying zones around power lines outside of which trees should be kept and by obliging asset managers and tree owners to meet their responsibilities in relation to tree management. B1.1.2 The work activity aspects of managing vegetation at “places of work” in the vicinity of power lines is subject to the Health and Safety in Employment Act 1992 and the relevant Regulations, Codes and Guides. Electricity Codes of Practice under the Electricity Act set requirements for safe access and safe work practices around power lines. This particular Code: (a) Guides responsible persons in relation to their requiring or arranging vegetation control work; (b) Specifies the minimum safety requirements for asset managers and service providers in relation to managing vegetation control work; (c ) Identifies preferred work practices for the utility arborists who carry out the vegetation control work; and (d) Recommends preferred work practices for ordinary persons to avoid electrical hazards, including for those who obtain the asset manager’s consent to work with vegetation near certain power lines. B1.2 Notifications B1.2.1 The Department’s web address www.osh.dol.govt.nz “Quick Link” “Notify Us” provides information and forms for notifying the Department concerning occupational disease, serious harm accidents, commercial vehicle accidents and notification of “particular hazardous work”. “Particular hazardous work” includes commercial tree felling, which includes maintenance of vegetation around power lines. B1.2.2 Service providers should fax or mail a completed “Notification of Particular Hazardous Work” to the local Department office in accordance with their requirements. Such notification is not required for emergency work around power lines. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 50 of 75 B1.2.3 Initial advice to the Department for notifiable accidents can be made on 0800 20 90 20. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 51 of 75 B2 KEY SAFETY MANAGEMENT REQUIREMENTS B2.1 Key Requirements in Work with Vegetation The following key requirements are essential to achieving safe outcomes for work with vegetation near power lines. Many of these and also other essential requirements are developed throughout this Code: (a) (b) The HSE Act requires duties of persons involved in work with vegetation in the vicinity of power lines. Detailed requirements are specified in this and the other relevant Codes of Practice, SM-EI, the other guides and standards referenced in this Code, and the asset manager’s own requirements for the work. The work must be conducted in a way that achieves the safety of persons doing the work and also the public in the vicinity. Asset managers must establish appropriate policy concerning the clearing of vegetation within the vegetation control zone. Policy options may include: (i) Removal of power lines from service, isolation and application of safety measures, before clearing vegetation using ordinary persons and appropriate work methods; (ii) Use of qualified electrical workers, e.g. line mechanics or live line mechanics as appropriate to clear vegetation; (iii) Utility arborist vegetation control methods: utility arborist Level 1 for vegetation outside the utility arborist minimum approach distance, or insulated tool procedures by utility arborist Level 2 for vegetation that encroaches the utility arborist minimum approach distance. (c ) Utility arborists must work to the requirements in this Code for the conduct of vegetation control work. (d) Utility arborists and ordinary persons must comply with the minimum approach distances from power lines and the other required separations specified in this Code. (e) Excepting any formal consent given by the asset manager as provided for in (f) below, ordinary persons must not work with vegetation that is within the vegetation control zone, around live power lines. (See “Minimum Approach Distances for ordinary persons” Section A5.3). (f) Asset managers may consent to ordinary persons clearing vegetation that is within the vegetation control zone only for live power lines 66kV and below, provided that the following minimum requirements are met: (i) The asset manager ascertains that the intended work involves no risk of electrical hazard to persons or hazard to the electricity network, and Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 52 of 75 (ii) The asset manager provides appropriate instructions concerning avoidance of such hazards in a written consent for the work to proceed, and (iii) The minimum safe approach distance limits for the ordinary persons and the trees they work with, under the written consent, must not be less than the distances specified in ECP 34 Section 9.2 Table 9 for voltages 66kV and below, and (iv) Any mobile plant use agreed to by the asset manager is subject to written consent and conditions, including any safety procedures required by the asset manager, and (v) The asset manager is able to be satisfied that the ordinary person will take reasonable steps in the circumstances to ensure that any potential electrical hazards and any hazards to the network are avoided. (h) When notifying of dangers or issuing notices required under the Electricity (Hazards from Trees) Regulations, asset managers should incorporate appropriate guidance from Section A5.3 of this Code, and must incorporate this guidance when otherwise liaising with ordinary persons about working with trees near power lines. (i) Any responsible person requiring or arranging the clearing of vegetation around power lines must require this to be done by utility arborists as vegetation control work to the requirements of this Code. Section A2 outlines the options where the work cannot be done as vegetation control procedures by utility arborists for any reason. B2.2 General Safety Management B2.2.1 Asset managers and service providers must ensure that the requirements relevant to each throughout this Code are being met. B2.2.2 Asset managers must take reasonable steps to satisfy themselves that the service providers they engage: a) Meet the requirements of this Code, and that b) Their work procedures are developed in accordance with this Code and fit for purpose. B2.2.3 Asset managers must monitor the service provider’s performance against the requirements of this Code. B2.2.3 Employers must instruct their employees in the provisions of this Code, the proper use of all equipment provided for them and the safe working practices to be followed. B2.2.4 The standard and practice of supervision must conform to this Code and the supervision requirements relevant to vegetation control work in SM-EI and the EEANZ Technical Guide “Supervision for Safety”. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 53 of 75 B2.2.5 Safety equipment, devices and personal protective equipment must conform to relevant statutory requirements, standards and codes, including particular requirements in this Code. Such equipment must be maintained in a safe condition. B2.2.6 All vehicles and equipment must be equipped, operated and maintained in conformance with this Code, relevant statutory requirements and according to manufacturers' operating instructions. B2.2.7 The asset manager’s consent is required in accordance with Sections A5.2.3 and A4.4.1.5 for the operation of EWPs or other mobile plant closer than 4 metres or above power lines by utility arborists. B2.2.8 Traffic control measures must conform to the current requirements of the Road Controlling Authority. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 54 of 75 B3 COMPETENCE AND TRAINING B3.1 Utility Arborist Competency B3.1.1 B3.1.2 B3.1.3 The service provider must: a) Document the competencies of the utility arborists including any national qualifications supporting competency to this Code. b) Ensure that trainers provide the training and refresher training for utility arborists. b) Ensure that the utility arborists are currently competent for the vegetation control work they are required to do. Utility arborists are persons who: a) Have at least 300 logged hours of current arboriculture work experience as arborists competent to Arborists’ Code Part 1, b) Are currently competent to work to Arborist Code Part 1, and c) Are currently competent and authorised to do vegetation control work near to power lines to the requirements of this Code. The two categories of utility arborist competence and the scope of work permitted for these are: a) Utility arborist Level 1 (UAL1) – competent to do vegetation control work near to power lines where the vegetation to be worked on is outside the Table 1 minimum approach distance for utility arborists. b) Utility arborist Level 2 (UAL2) – additional to UAL1 competency, are competent to use insulated tools to do vegetation control work where the vegetation encroaches the Table 1 minimum approach distance for utility arborists. B3.1.4 Additional to the basic requirements in B3.1.2 above, UAL1 must be competent to the specifications in B3.2.2 below. B3.1.5 Additional to the basic requirements in B3.1.2, UAL2 must be competent to the specifications in both B3.2.2 and B3.2.3 below. B3.2 Utility Arborist Training Subjects B3.2.1 The training subjects itemised below are grouped by the nature of the competence required, whether a level of knowledge, understanding or ability, appropriate to different aspects of the work: a) ‘A knowledge of’ – the ‘store’ of information needed as background information to indirectly support safe conduct of the work – the ‘what’, ‘when’ and ‘where’, b) ‘An understanding of’ – the detailed working knowledge needed regularly and continually that is an intrinsic basis for day to day work activities – the ‘how’ and ‘why’, Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 55 of 75 c) B3.2.2 ‘An ability to’ – the actual capability, based on knowledge, understanding and acquired practical skills to physically carry out tasks on a regular basis to the acceptable standard. Utility Arborist Level 1 Training Knowledge of: (a) General principles for safe access near to power lines (b) Reclose Block procedures (c) Control room procedures and protocols An understanding of: (d) General hazard management (e) Electrical theory, hazards and hazard controls (f) Rigging (g) Department of Labour notifications (h) Minimum approach distances (i) Power line access policies specific to the asset manager (j) SM-EI requirements relevant to all aspects of vegetation control work (k) Customer and property owner relations Ability to: (l) Identify circuits and voltages (m) Identify and apply appropriate minimum approach distances for power lines (n) Use line distance measuring devices (n) Identify, inspect and check, test, use and store tools, plant and equipment (o) Safely use non insulated tools and equipment near power lines (p) Use, inspect and check, maintain and store personal protective equipment. (q) Use mobile plant near power lines, and to apply mobile plant minimum approach distances (r) Earth mobile plant and carry out bonding appropriate to the work (s) Carry out duties of Safety Observer (t) Use ladders near power lines (u) Work procedures for work near power lines (v) Be aware of and recognise electrical hazards (w) Do EWP and tree aerial rescue near electrical hazards (x) Do emergency procedures for injuries, fallen power lines and equipment (y) Do Basic first aid and CPR relating to work on electricity networks Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 56 of 75 B3.2.3 Utility Arborist Level 2 Training An understanding of: (a) SM-EI requirements pertinent to all aspects of insulated tool work in close proximity to live power lines (b) Insulated tool work theory Ability to: (c) Do required testing of insulating tools, plant and equipment (d) Inspect, care for and maintain insulating tools plant and equipment (e) Safely carry out insulated tool techniques and procedures using insulated tools, plant and equipment (f) Use line distance measuring sticks or rods B3.3 Providing Utility Arborist Training B3.3.1 Supervision of formal training A trainer who holds current certification covering the scope of training to be provided must directly supervise all formal training including refresher training. (Note. Supervision of OTJ training, as distinct from formal training, is covered in Section A3.2 of this Code.) B3.3.2 Training in insulated tool methods (a) Training in insulated tool procedures must provide a thorough understanding of both the principles and also the procedures for insulated tool work as well as a comprehensive practical program. This must include insulated tool work theory and application, correct use and maintenance of personal protective equipment, proper care of tools and equipment, and practicing the required procedures or techniques around de-energised isolated and earthed power lines, before practicing the procedures around live power lines. (b) Monitor utility arborists undergoing training (including refresher training) to ensure their continued suitability for insulated tool work. ( c) Only issue competency certification in insulated tool methods when the trainee can demonstrate the required knowledge, skills and experience to carry out the work safely and to the required standards. B3.4 Utility Arborist Refresher Training B3.4.1 Regular renewal and updating of certain aspects of training is necessary to ensure continuing competency. Provide refresher training in vegetation control work at intervals of not more than 1 year and cover as a minimum knowledge, skills, work procedures and attitude necessary for an individual to perform specified activities and tasks. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 57 of 75 B3.4.2 Assess competence in rescue and emergency procedures annually. B3.4.3 Conduct further refresher training if vegetation control safety rules, concepts or techniques are found to be deficient during field assessments. Refresher training may be done at the work site in conjunction with field assessments or audits. B3.5 Competence Limitations and Work Restrictions B3.5.1 Some utility arborists may be restricted from certain work activities due to limitations in competence under the transitional provisions (see Section B8.1(a)), or, at any future point, due to change of status (e.g. change of physical capability to climb trees) , or where certain competencies have lapsed. B3.5.2 Document any work restrictions in competency records and certification for such employees, and note such restrictions in the planning of any work in which they participate. B3.6 Competency Maintenance and Field Assessments B3.6.1 Utility arborists must complete the procedures they are authorised to do at least three times in each calendar year in order to maintain the competence in these procedures. B3.6.2 Assess utility arborists individually at least annually, to appraise their performance of the procedures they are authorised to do and to appraise their competencies for which they hold certification. B3.6.3 The persons who conduct the field assessments must be currently competent in the areas being assessed, independent of the work party being assessed and authorised by the service provider,. B3.7 Records B3.7.1 Service providers must maintain current records of all vegetation control training and work for their employees, including as a minimum for each individual: (a) Record of work procedures performed (b) Regular (preferably annual) training needs analysis and training plans (c) OTJ training and formal training provided (d) Assessment and examination results (e) Refresher and other training arising from any identified deficiencies (field audits, assessments, accidents or near misses etc) (f) Certificates issued, expired and withdrawn (g) Restrictions required under B3.5 above. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 58 of 75 (h) B3.7.2 Trainer details and credentials Training records must include reviews, audits and assessments of the training system and scope of training provided, and evidence of corrective actions and improvements resulting from these. B3.8 Certification B3.8.1 Service providers must operate and maintain a system of certification of current competency. Certification must indicate current competency for each individual as utility arborist Level 1 or Level 2 and as supervisor where appropriate. Certificates for each individual must be available as proof of competency at all times at the location where the individual is working. B3.8.2 As a minimum, certificates must show: (a) Unique certificate number, (b) Name of holder, (c) Date of issue and expiry, (d) Qualifications held (if any), (e) Name of trainer, (f) Categories of competency (utility arborist L1 or L2; supervisor) in which the holder has current competency, (g) Service provider procedures, for which the holder has current competence, (h) Any current work restrictions required under Section B3.5 above. (i) For supervisor competency, the categories of work and the number of persons he or she may supervise. (j) Signature of the issuing service provider. B3.8.3 Utility arborists must at all times hold a current competency certificate issued by their current employer who is a service provider. B3.8.4 Certificates must be issued by the service provider: B3.8.5 (a) Following satisfactory completion of training endorsed by the trainer, (b) Following refresher or other training required after field inspection, audit, assessment or identified deficiency, (c) Immediately before the holder moves to employment with a new service provider, (d) When an existing holder moves to employment with a new service provider, and after satisfactory completion of appropriate refresher training required in Section B3.4 above. A certificate issued under this Section of the Code may be withdrawn where the holder is found to be incompetent in any categories of competence for which the certificate was issued. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 59 of 75 B3.9 Supervisor Competence B3.9.1 B3.9.2 Supervisors must be suitably experienced and currently competent in the categories of work they supervise and currently competent to supervise the number of persons required for doing such work. Supervisors must have knowledge in, understanding of and ability in the following areas, commensurate with the categories of work and numbers of persons they supervise: (a) (b) Management of People and work – an ability to: (i) Plan the safety aspects of work activity and respond to changes that impact upon safety at the place of work. (ii) Lead and direct the work team. (iii) Execute and lead hazard and risk identification and control in the place of work. (iv) Plan, conduct and report work site briefings (tailgate sessions) involving all persons at the place of work. (v) Receive and communicate instructions effectively, both verbally and also via written communications, solicit advice and collect and analyse input from team members. Legal and Regulatory Compliance and Guidance for Person in Charge (i) An ability to find and use information relevant to safety aspects of supervision. (ii) An understanding of HSE and Electricity Acts, Regulations, Codes and Guides related to supervision. (iii) An understanding of supervision requirements in SM-EI and the EEANZ Technical Guide “Supervision for Safety”. B3.10 Supervisor Training, Competency Maintenance, Certificates and Records B3.10.1 Supervisor training must be managed so that supervisors maintain ongoing competence in their role. B3.10.2 A trainer who holds current certification covering the scope of training to be provided must directly supervise formal training of supervisors. B3.10.3 Monitor trainee supervisors and supervisors undergoing refresher training to ascertain their continued suitability for the supervisor role. B3.10.4 Provide refresher training for supervisors at intervals not exceeding 2 years or when field assessments identify any deficiency in performance of the supervisor function. As a minimum cover the competencies specified for supervisors and any performance deficiencies in this role. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 60 of 75 B3.10.5 To maintain supervisor competence, the supervisor must carry out this function in vegetation control work at least 6 times during a calendar year. B3.10.6 Field audits and assessments required under this Code must include assessment of supervisors in their supervising function. Such assessments must be conducted by persons who have a level of competence at least equivalent to the supervisors being assessed. B3.10.7 Certificates must be issued or renewed for competent supervisors only where they can demonstrate the required knowledge skills and ability to carry out the supervisor role to the required standard. B3.10.8 Records and certification for supervisors must comply with the requirements of Sections B3.7 and B3.8 above, but as applied to supervisors. B3.11 Recognition of Qualified Electrical Workers as Utility Arborists B3.11.1 Currently competent qualified electrical workers (e.g. line mechanics) that meet the pre-requisites in Section B3.1.2 (a) and (b) and who are currently competent and authorised to carry out the scope of work permitted for utility arborist Level 1 under Section B3.1.3(a) satisfy the requirements for competency as utility arborist Level 1. B3.11.2 Qualified electrical workers recognised as utility arborist Level 1 under B3.11.1 above and who are currently competent and authorised to carry out the scope of work permitted for utility arborist Level 2 under the Section B3.1.3(b) satisfy the requirements for competency as utility arborist Level 2. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 61 of 75 B4 APPROVED WORK PROCEDURES B4.1 Development, Proving and Review B4.1.1 Service providers must develop, document, approve and periodically review work procedures for all vegetation control work by utility arborists including insulated tool work. B4.1.2 Work procedures must be proven in a trial around a de-energised line, or around a live power line but outside the minimum approach distance for ordinary persons (see Section A5.3.1). Such trials must satisfy competent and sufficiently experienced person/s that the procedures can be carried out reliably and safely. B4.2 Documentation B4.2.1 B4.2.2 Documentation setting out the basic steps must be provided for each approved work procedure. In addition each work procedure must: (a) Identify the objectives of the work procedure. (b) List the minimum tools and equipment required for the procedure and clearly state the maximum loading conditions for these tools if applicable. (c) Have unique document identification numbers and show amendment or issue numbers and date of issue. (d) State the minimum number of workers required and associated competencies. A copy of the relevant approved work procedure must be readily available at the work site. B5 INSULATED TOOL WORK STANDARDS B5.1 Selection and Management B5.1.1 A competent and suitably experienced person must ensure that: (a) All equipment is suitable for insulated tool work and is safe for use by competent workers; (b) The tool manufacturer’s insulation rating complies with ASTM: F711 and ANSI/IEEE: 978 (c) The equipment meets appropriate standards listed in 5.4 below; (d) All cleaning agents used to clean any tool or equipment, are suitable for the purpose and safe for any worker to use. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 62 of 75 B5.1.2 A tool management and maintenance system must be in place to ensure that equipment is maintained to appropriate standards, and that records of purchase, inspection, maintenance and testing are kept. B5.2 Insulated Tool and Equipment Testing B5.2.1 All insulating tools and equipment must meet the requirements of the relevant standard and be certificated as such by the equipment supplier. B5.2.2 Each item of insulating equipment must have a unique identification marked on it, and: (a) Be provided with a test certificate or a label; or (b) Be noted in a register that it has passed the relevant test and the due date for a retest. B5.3 Insulated Tool Work Manual B5.3.1 A manual must be prepared containing at least the following: (a) A description of insulated tool working principles and requirements. (b) A description of each tool, its functions and uses. (c) Instructions on caring for the tools and equipment including: (i) Daily checks (ii) Inspections (iii) Maintenance instructions (iv) Testing requirements for plant and equipment (v) Storage of plant and equipment. (d) A set of approved work procedures. (e) Information for use in an emergency such as a situation requiring cardio-pulmonary resuscitation (CPR) and rescue from a EWP, ladder or tree. B5.4 Standards B5.4.1 Equipment used for insulated tool work and appropriate aspects of insulated tool work methods must conform to standards issued by ASTM (the American Society for Testing and Materials) and ANSI (American National Standards Institute). B5.4.2 The Standards are: (a) ASTM: F711: Specifications for Fibreglass-Reinforced Plastic (FRP) Rod and Tube. (b) ANSI/IEEE: 978: Guide for In-Service Maintenance and Electrical Testing of Live Line Tools. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 63 of 75 ( c) ANSI/IEEE: 516: Guideline for Maintenance Methods on Energised Power-Lines (d) ANSI/SIA A92.2: Vehicle-Mounted Elevating and Rotating Aerial Devices. B5.5 Electrical protection procedures B5.5.1 The service provider and asset manager must establish procedures appropriate to each covering reclose blocks. Service provider procedures must cover requests for reclose block, receipt of reclose block confirmations from the asset manager and conditions to be met for returning reclose block confirmations. Asset manager procedures must cover the receipt of reclose block requests and dispatch of reclose block confirmations to the service provider, including the required detail about equipment covered and measures applied, and conditions to be met for the removal of issued reclose blocks. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 64 of 75 B6 PUBLIC SAFETY AND EMERGENCY AND INCIDENT PROCEDURES B6.1 Public Safety The service provider must have in place appropriate procedures for the safety and separation of the public and vehicular traffic from vegetation control work in progress. B6.2 Emergency and Incident Procedures The asset manager and/or service provider must have in place documented procedures appropriate to each for responding to emergencies and incidents, including coverage as a minimum of: (a) The rescue of injured persons or those at risk. (b) The immediate first aid and medical needs of any injured person and the safety of other persons at the worksite. (c) Any emergency switching requirements. (d) Restoration of any circuit as a result of the incident. (e) Investigation and reporting requirements to determine the cause of the incident and the implementation of appropriate remedial measures. (f) Notification of all parties required under regulations, this Code and industry agreements. B7 AUDITS B7.1 Other sections of this Code require service providers to audit and assess employees and supervisors for the maintenance of competence certification. Service providers must also conduct audits of their operations to assess their systems and compliance at least annually against the broader requirements of this Code. The audits must assess management policy, practice and procedures, and application of these in the field, against the requirements in this Code as a minimum. The audits must be used to effectively address non-conformances. B7.2 Audits must be conducted by an authorized person who: (a) Is appointed by the service provider, (b) Has a comprehensive understanding and experience in the systems and procedures being audited, (c ) Is independent of the service provider, and who (d) Is competent in audit procedures and practices. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 65 of 75 B7.3 B7.4 Asset managers must conduct external audits, assessments and monitoring as appropriate, sufficient to ensure that: (a) Their own policies, procedures and practices are compliant with the requirements in this Code that are relevant to them, and that (b) The service providers they engage comply with the requirements of this Code. The audits required of service providers and asset managers may be conducted in the course of other management systems audits such as quality management or compliance audits. B8 TRANSITION PROVISIONS B8.1 Transition for “Competent Workers” (a) (b) Persons currently “competent workers” under the February 1996 edition of the Approved Code of Practice for Safety and Health in Tree Work Part 2: Maintenance of Trees Around Power Lines at the time this revised edition was promulgated must fully conform to the competency and certification requirements in this revised edition by 1 July 2009. Any competencies which any person cannot meet in conformance with (a) above must be identified as restrictions on the scope of work these persons may perform. (See Section B3.5.2). B8.2 Existing and New Trainees Existing or new trainees under this Code, from the date of its publication, must be capable of attaining to all the competencies and tasks required under their chosen utility arborist qualifications. This does not limit temporary or permanent work restrictions being applied at any future point in their career, where temporary or permanent limitations in aptitude, capability or competence warrant this. B8.3 Recognition of Qualified Electrical Worker Experience The experience in work with vegetation accumulated by any qualified electrical worker (e.g. a line mechanic) at the time this current Code came into force, may be credited to the logged hours required under Section B3.1.2(a) prerequisite to recognition as a utility arborist. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 66 of 75 APPENDIX 1: LAWS, STANDARDS AND GUIDES This Appendix identifies Statutes, Standards, Approved Codes of Practice and Guides relevant to this Code. The list is not comprehensive. Users of this Code must identify and use the latest versions of publications and guidance pertinent to work activity covered by this Code. It is the user’s responsibility to ensure the correct version is referred to. 1. New Zealand Statutes The Electricity Act 1992 Electricity Regulations 1997 Electricity (Hazards from Trees) Regulations 2003 The Health and Safety in Employment Act 1992. Health and Safety in Employment Regulations 1995. 2. Standards This list provides guidance on standards and guides relevant to this Code but should not be taken as a comprehensive list. Other standards may be applicable, including those identified in Arborists Code Part 1. Any other relevant standards which embody the same or more stringent criteria than those identified below will be acceptable as an alternative. Where documents are superseded, the latest version should be used. AS/NZS 1800:1998 Occupational Protective Helmets – Selection Care and Use AS/NZS 1801:1997 Occupational Protective Helmets AS/NZS 1336:1997 Recommended Practices for Occupational Eye Protection AS/NZS 1337:1992 Eye Protectors for Industrial Applications AS/NZS 1270:2002 Acoustics – Hearing Protectors AS/NZS 1715: 1994 Selection, Use and Maintenance of Respiratory Protective Devices AS/NZS 1891.3: 1992 Fall arrest devices. AS/NZS 1891.4: 2000 Industrial Fall Arrest Systems and Devices Part 4: Selection, Use and Maintenance AS/NZS 1891.1: 1995 Safety belts and harnesses. AS/NZS 2210 Occupational protective footwear AS/NZS 2210.1: 1994 Guide to selection, care and use AS/NZS 2210.2: 1994 Specification. Amendment 1, 1995 AS 2919: 1987 Industrial Clothing Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 67 of 75 AS 2375:1980 Guide to the Selection, Care and Use of Clothing for Protection against Heat and Fire NZS 4453.3: 1997 Protective Clothing for Users of Hand-Held Chainsaws – Protective Legwear (and amendments) AS/NZS 1892.2: 1992 Portable Ladders – Timber AS/NZS.1892.3: 1996 Portable Ladders – Reinforced Plastic AS/NZS.1892.5: 2000 Portable Ladders – Selection, Safe Use and Care ASTM: F711: Specifications for Fibreglass-Reinforced Plastic (FRP) Rod and Tube ANSI/IEEE: 978: Guide for In-Service Maintenance and Electrical Testing of Live Line Tools ANSI/IEEE: 516: Guideline for Maintenance Methods on Energised Power-Lines ANSI/SIA A92.2: Vehicle-Mounted Elevating and Rotating Aerial Devices. 3. Codes of Practice Approved Code of Practice for Safety and Health in Tree Work — Part 1: Arboriculture (“The Arborists' Code”), published by the Department NZ Electrical Code of Practice for Electrical Safe Distances (NZECP34: 2001). Approved Code of Practice for Power-Operated Elevating Work Platforms, published by the Department Approved Code of Practice for Cranes, published by the Department Code of Practice for Temporary Traffic Management (“CoPTTM”), published by Transit New Zealand. Temporary Traffic Management for Local Roads Supplement to Transit New Zealand CoPTTM, First Edition September 2005 published by the Road Controlling Authorities (download at www.transit.govt.nz or www.trainingaspirations.co.nz) 4. Electricity Supply Industry and Other Standards and Guidelines Safety Manual – Electricity Industry Requirements for Safety in the New Zealand Electricity Generation, Transmission and Distribution Industry (“SM-EI”) published by the Electricity Engineers Association of New Zealand (EEANZ): Part 1: Minimum Safety Requirements Part 2: General Safety Guide Part 3: Rules for Work on Equipment Guide for the Operation and Maintenance of Elevating Platform Vehicles, published by the EEANZ. Guide to Temporary Earthing of Distribution Overhead Lines, published by the EEANZ. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 68 of 75 Guidelines for the Provision of Facilities and General Safety and Health in Forestry Work, published by the Department. Technical Guide – Supervision for Safety, published by the EEANZ. Guidelines for the Prevention of Falls, published by the Department The Line Mechanics Handbook, published by the EEANZ. Technical Guide for the Use of Personal Fall Arrest Systems, published by the EEANZ. Guide to Portable Equipment for Work On or Near Conductors, published by the EEANZ The Emergency Services Manual published by the EEANZ. Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 69 of 75 APPENDIX 2: SUMMARY OF THE HEALTH AND SAFETY IN EMPLOYMENT ACT 1992 The object of the Health and Safety in Employment Act 1992 (the Act) is to prevent harm to all people at work and people in, or in the vicinity of a place of work. To do this, the Act: (a) Promotes excellence in health and safety management; (b) Defines harm and hazards in a comprehensive way; (c) Imposes duties on those who are responsible for work, or do work; (d) Sets requirements that relate to taking all practicable steps to ensure health and safety, and that are flexible to cover different circumstances; and (e) Encourages employee participation in health and safety management and that the process is conducted in good faith by all those involved. The Act creates duties for most people connected with places of work: (a) Employers; (b) Employees (including trainees and people gaining work experience and volunteers); (c) Self-employed; (d) Principals to contracts; (e) Persons who control a place of work; and (f) Hirers, sellers and suppliers of plant Regulations Regulations are promulgated from time to time under the Act. Regulations may, among other things, impose duties on employers, employees, designers, manufacturers, and others relating to health and safety. These regulations may apply with respect to places of work, plant, processes or substances and may deal with particular problems that have arisen. The Health and Safety in Employment Regulations 1995 require the provision of facilities such as toilets, meal rooms, first aid, and for employees to wash, and the provision of wholesome and sufficient drinking water. The regulations also set a range of general health and safety and welfare requirements in addition to the Act, including: (a) Restricting children and young people from certain hazardous work and times of work, Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 70 of 75 (b) Requiring certification of workers using some hazardous equipment; (c) Requiring notification of particular types of hazardous work, including forestry and construction; and (d) Creating duties for the designers, manufacturers and suppliers of plant and protective clothing and equipment. Approved codes of practice Approved codes of practice are provided for in the Act. They are statements of preferred work practice or arrangements, and may include procedures which could be taken into account when deciding on the practicable steps to be taken. Compliance with codes of practice is not mandatory. However, compliance with an approved code of practice may be used in Court as evidence of good practice and an employer or other duty holder having taken “all practicable steps” to meet the duty. Employers’ duties Employers have duties to ensure the health and safety of employees at work. Employers have a general duty to take “all practicable steps” to ensure the safety of employees while at work. In particular, they are required to take all practicable steps to: (a) Provide and maintain a safe working environment; (b) Provide and maintain facilities for the safety and health of employees at work; (c) Ensure that machinery and equipment is safe for employees; (d) Ensure that working arrangements are not hazardous to employees; and (e) Provide procedures to deal with emergencies that may arise while employees are at work. Taking “all practicable steps” means doing what is reasonably able to be done in the circumstances, taking into account: (a) The severity of any injury or harm to health that may occur; (b) The degree of risk or probability of that injury or harm occurring; (c) How much is known about the hazard and the ways of eliminating, reducing or controlling it; and (d) The availability, effectiveness and cost of the possible safeguards. A person is required to take all practicable steps in respect of circumstances that they know or ought reasonably to know about. Hazard management Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 71 of 75 Employers must identify and regularly review hazards in the place of work (existing, new and potential), to determine whether they are “significant hazards” and require further action. If an accident or harm occurs that requires particulars to be recorded, employers are required to investigate it to determine if it was caused by or arose from a significant hazard. “Significant hazard” means a hazard that is an actual or potential cause or source of: (a) Serious harm (defined in a schedule to the Act); or (b) Harm (being more than trivial) where the severity of effects on any person depend (entirely or among other things) on the extent or frequency of the person’s exposure to the hazard; or (c) Harm that does not usually occur, or usually is not easily detectable, until a significant time after exposure to the hazard. Where the hazard is significant, the Act sets out the steps employers must take: (a) Where practicable, the hazard must be eliminated. (b) If elimination is not practicable, the hazard must be isolated. (c) If it is impracticable to eliminate or isolate the hazard completely, then employers must minimise the likelihood that employees will be harmed by the hazard. Where the hazard has not been eliminated or isolated, employers must, where appropriate: (a) Provide protective clothing and equipment and ensure that it is accessible and used; (b) Monitor employees’ exposure to the hazard; (c) Seek the consent of employees to monitor their health; and (d) With informed consent, monitor employees’ health. Information for employees and health and safety representatives Before employees begin work, they must be informed by their employer of: (a) Hazards they may be exposed to while at work; (b) Hazards they may create which could harm other people; (c) How to minimise the likelihood of these hazards becoming a source of harm to themselves and others; (d) The location and correct use of safety equipment; and Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 72 of 75 (e) Emergency procedures. Employers are also required to inform employees of the results of any health and safety monitoring. In doing so, the privacy of individual employees must be protected. Where there are employee health and safety representatives, the employer must ensure that the representatives have ready access to sufficient information about health and safety systems and issues in the place of work to enable them to be able to carry out their functions effectively. Training and supervision of employees An employer must ensure that every employee who: (a) does work of any kind, or (b) uses plant of any kind, or (c) deals with a substance of any kind, in a place of work has the knowledge and experience – or is supervised by someone who has - so that they are not likely to suffer harm, or lead to the harm of others. Every employee must be adequately trained in the safe use of all plant, objects, substances, and protective clothing and equipment that they are, or may be, required to use or handle. Employers to provide opportunities for employee participation Employers must provide reasonable opportunities for employees to participate effectively in ongoing processes for improvement of health and safety in the place of work. Where there are more than 30 employees, or where an employee requests it, the employer must seek agreement on, develop, implement and maintain a system of employee participation. Where agreement cannot be reached on the system employee participation, there are default provisions set out in the Act. Where employee health and safety representatives are elected, they are entitled to paid leave to attend approved training courses. A trained employee health and safety representative may issue a hazard notice to an employer where they believe there is a hazard in the place of work, they have brought it to the employer’s attention, and the issue has not been resolved. Employers and employees must deal with each other in good faith while seeking agreement on, developing and maintaining a system of employee participation. The dispute resolution processes of the Employment Relations Act apply. Responsibility for employees’ work activities An employer is also responsible for the health and safety of others arising from the work activities of their employees. They must take all practicable steps to Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 73 of 75 ensure that no action or inaction of an employee while at work causes harm to any other person. Deemed employees People receiving on-the-job training or work experience as loaned employees, and volunteer workers are all deemed to be “employees” of an employer or selfemployed person for whom they are working. Most employer duties apply, but not that to provide opportunities for employee participation. In addition, for volunteers the exceptions are: (a) To provide training and supervision; and (b) To ensure their actions or inaction at work does not harm others. Duties of employees Every employee must take all practicable steps to ensure: (a) Their own safety while at work (including using protective clothing and equipment); and (b) That no action or inaction of theirs while at work causes harm to any other person. An employee has a right to refuse to undertake work that they consider likely to cause them serious harm. The self-employed Every self-employed person must take all practicable steps to ensure that no action or inaction of theirs while at work harms the self-employed person or any other person. Principals Principals to contracts are required to take all practicable steps to ensure that— (a) No employee of a contractor or subcontractor; and (b) If an individual, no contractor or subcontractor— is harmed while doing any work (other than residential work) that the contractor was engaged to do. Hirers, sellers and suppliers of plant The Act places duties on people to ensure that any plant or equipment that is used in a place of work is designed and made, and has been maintained, so that it is safe for its intended use. The duties apply to people who: (a) Hire, lease or loan plant to another person that could be used in a place of work; or Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 74 of 75 (b) Sell or supply plant (other than for hire, lease or loan); or (c) Install or arrange plant in addition to either of the above. Persons in control of a place of work The Act places duties on “persons who control a place of work” in relation to people in the vicinity, and to visitors. A “person who controls a place of work” includes a person who owns, leases, subleases or occupies a place of work, or who owns, leases or subleases plant or equipment used in a place of work. Accidents and serious harm (recording and notification) The Act requires employers, the self-employed, and principals to contracts to keep a register of work-related accidents and serious harm. For employers, this includes every accident that harmed (or might have harmed): (a) Any employee or self-employed person at work; (b) Any person in a place of work under the employer’s control. Employers are also required to investigate all accidents, harm and “near misses” to determine whether they were caused by a significant hazard. “Serious harm” is defined in Schedule 1A of the Act. Any occurrences of serious harm of a kind that must be recorded, must also be notified to the Secretary of Labour (in practice, the nearest Department of Labour office), as soon as possible after the occurrence. In addition, the accident must also be reported on the prescribed form within 7 days. (Forms are available from stationers, or from the Department website.) If a person suffers serious harm, the scene of the accident must not be disturbed unless to: (a) Save life or prevent suffering; (b) Maintain public access for essential services, e.g. electricity, gas; (c) Prevent serious damage or loss of property. A health and safety inspector will advise whether or not the Department of Labour will investigate the accident, and what action may be taken in the meantime Trees Code Part 2 Draft Version 12B (Change Accepted) Dated 09 Dec 2007 Page 75 of 75