I would not blame the operator for the harness used. If the lever guard was ever retrofitted is subject to NTSB. This would be OP responsibility.
The harness in first place is for regular commercial flights to prevent from tourists to fall out of the skies. The harness has no quick release. Excited tourists easily could manipulate this. I see it every time I handle pax boarding my helicopter. I reularly have to pull them away from the ramp, from the tail rotor and from putting their feet on the pedals in front seat, even having told them to to do so. More, considering the risk of one falling from the skies or the times you got to ditch the helicopter, I would opt for the harness without rapid release too.
Case two. I do precision flying in helicopter. We fly 100ft above ground, doing slalom and flying through pylons. The chance is given to have a touch, go down, catch fire. At that point I need to get out of the burning wreck quick. For this, quick release is essential. Asides from the fact that I know and accept the risk to die for this fun.
Two different cases.