The death of a 70-year-old worker on his second shift in January 2022 has led to hundreds of thousands of fines against two companies for their work health and safety negligence.
The employee, a fruit picker, passed away after he fell from a trailer being towed by a tractor between farm sites. He sustained severe head injuries, including a fractured skull, and died that evening in hospital.
AH Vision Pty Ltd, a labour hire company that employed the worker, was fined this month $415,000 in the Mildura Magistrates’ Court.
This fine covers a $400,000 penalty for breaching the Occupational Health and Safety Act and a $15,000 penalty for failing to provide required documents to WorkSafe Victoria. The company was also ordered to pay $16,045 in costs.
The sentence came months after Cutri Fruit Pty Ltd, the fruit grower that operated the farm, was fined $750,000 for exposing the worker to health and safety risks.
Failing on safety measures
WorkSafe Victoria’s investigation revealed that both companies failed to implement adequate safety measures. According to the agency, the trailer that the fruit picker fell from during the incident was equipped with platforms for workers to place fruit into bins, but they were not designed to carry passengers.
At the time of the accident, four workers were riding on the trailers, despite earlier warnings from the company.
“Riding around on machinery or equipment that isn’t designed to carry people is inherently dangerous – tragically, in this case, the failure to provide adequate training has cost a worker’s life,” said Sam Jenkin, WorkSafe Executive Director Health and Safety, in a statement.
Sentences handed
AH Vision’s licence as a labour hire service provider was revoked in July 2022.
It was convicted of breaching the Occupational Health and Safety Act after failing to provide necessary information, instruction, and training to the employee. The company also failed to comply with a notice to provide documents for WorkSafe’s investigation.
“Labour hire companies can’t just send workers off to a worksite and hope for the best, leaving them to work in unfamiliar environments without providing appropriate safety training and information,” Jenkin said.
Meanwhile, Cutri Fruit admitted that it should have reduced the risk of serious injury by removing the platforms on the trailers or providing workers with instructions on how to travel safely between locations.
“It’s frustrating and heartbreaking that a man has lost his life in a workplace incident that could easily have been avoided if safe work practices had been implemented and properly communicated,”
Controlling risks recommendations
To prevent similar accidents from happening, WorkSafe Victoria outlined the following recommendations:
- Never ride on attachments, including trailers, that are not specifically designed to carry passengers.
- If the attachment is designed to carry people, such as for planting or vegetable harvesting, it must provide the same level of protection as the operator from hazards, in particular safe work platforms with handrails and guarding to reduce the risk of falls, ejection and entanglement.
- If the attachment is not designed to carry people, such as a fruit bin trailer, areas where there is the ability to ride on the trailer should be minimised as much as possible.
- Ensure workers have a safe mode of transport to access work locations and, where that is not available or the distance permits, workers walk to and from such locations.
- Ensure workers receive appropriate induction, training and supervision on the work they are to be involved in and the equipment to be used.
- Implement an effective communication system between vehicle operators and workers around them.
Workplace fatalities data
There were 195 employees who were fatally injured at work in 2022, according to Safe Work Australia’s Key Work Health and Safety Statistics.
This figure went up to 200 workers by 2023, with the country’s fatality rate at 1.4 deaths per 100,000 workers, according to SafeWork Australia.
The agriculture, forestry, and fishing industry logged the highest fatality rate in 2023 with 9.2 fatalities per 100,000 workers. This is followed by the transport, postal, and warehousing industry (7.0), and then by the construction industry (3.4).
Vehicular incidents were the most common mechanism for workplace fatalities in 2023, making up 42% of the total. This is followed by falls from a height (15%) and being hit by moving objects (12%).
Source: HCA Mag
