What is the minimum age to legally operate heavy machinery such as an excavator or forklift?

Understanding the legal requirements for operating heavy machinery in New Zealand is important for employers, workers, and workplace safety. The Health and Safety at Work Regulations set clear guidelines about young persons operating machinery, with specific age restrictions designed to protect young workers from harm.

Under New Zealand law, workers under 15 years of age are prohibited from working with or operating machinery. This includes heavy equipment such as excavators, forklifts, and other mechanical plant. The legislation defines machinery broadly, encompassing any equipment that provides mechanical energy from various sources including electricity, fuel combustion, compressed air, or other power sources.

For example, if a construction company were to allow a 14-year-old to operate an excavator, even under supervision, they would be breaking the law. The same applies to warehouse operations where forklifts are used – no person under 15 years can legally operate these vehicles.

The regulations are quite comprehensive in their definition of machinery. They include not only the primary mechanical equipment but also any plant connected to it, lifting machines, lifting vehicles, and even equipment where human power might be partly involved. This means that even smaller powered equipment falls under these restrictions.

There are some limited exceptions to these rules, particularly in the agricultural sector. Workers aged 12 years or over may operate tractors used in agricultural work, but only if they meet specific conditions. They must either be fully trained in the safe operation of the tractor and any implements attached to it, or they must be actively undertaking such training. However, this agricultural exception does not extend to other types of heavy machinery.

The law places the responsibility squarely on the Person Conducting a Business or Undertaking (PCBU) to ensure compliance. PCBUs must ensure, so far as is reasonably practicable, that no worker under 15 years of age works with or assists with any machinery operations. The penalties for breaching these regulations are significant – individuals can face fines up to $10,000, while companies or other organisations may be fined up to $50,000.

To put this in practical terms, consider a family-owned construction business. If they have a 14-year-old helping out during school holidays, that young person cannot legally operate any powered machinery on site, including small mechanical plant. They would need to wait until they turn 15 before they could begin training on such equipment. That’s not to say that they couldn’t start theory training before their 15th birthday – they could do forklift training, excavator training or wheel loader training online in readiness for getting behind the controls shortly after.

The regulations also extend beyond just operating machinery. Young persons under 15 are not permitted to be present in areas where machinery is being operated unless they are:

• In parts of the workplace open to the general public
• Under direct and active adult supervision appropriate to their age and the risks present
• On a guided tour
• In areas used solely for retail purposes

For instance, a 14-year-old cannot work in a factory area where machinery is operating, even if they’re not operating the machinery themselves, unless they meet one of these exceptions.

It’s worth noting that even once workers reach 15 years of age, employers still have additional duties to ensure their safety. This includes ensuring they don’t lift weights or perform tasks that could be harmful to their health, and restricting night work for those under 16 years old (between 10 pm and 6 am).

The key message for New Zealand businesses is clear: heavy machinery operation is restricted to workers aged 15 and over, with the agricultural tractor exception being the only notable variation to this rule. These age restrictions form part of a broader framework of protections for young workers, reflecting the serious nature of machinery operation and the importance of workplace safety.

For businesses looking to train young workers on heavy machinery, the best approach is to wait until they are at least 15 years old, ensure proper training programmes are in place, and maintain active supervision during the training period. This not only ensures legal compliance but also promotes a safer working environment for everyone involved.