Company fined $450,000 over teenager's death


Tuesday, 03 May, 2016

A farming company has been prosecuted and fined $450,000 following an incident in which a 15-year-old boy was killed after the forklift he was driving rolled and crushed him in an incident, according to WorkSafe Victoria.

The company, which grows snow pea crops on a farm near Shepparton, pleaded guilty at the Wangaratta County Court in Victoria to one charge of breaching the Occupational Health and Safety Act 2004 for failing to ensure a safe workplace.

The court heard a labour hire contractor was engaged by the farming company to supply workers to pick peas at the property. The owner of the labour hire company brought his 15-year-old son and his son’s two friends, aged 16 and 17, to help with picking on 15 November 2014.

The man reportedly explained the process for picking the snow peas to the teenagers and explained that his son would be supervisor, before leaving the property. The court heard that the teenagers were not provided with any safety instructions in relation to the site or the work they were about to undertake.

According to eyewitnesses, the teenager was operating the forklift in an unsafe manner, driving fast around corners, skidding and drifting, while not wearing a seatbelt.

There had also reportedly been no prior hazard identification or risk assessment for operation of the forklift, including the terrain where it was to be used.

Several hours later, the teenager was killed when the forklift tipped over.

WorkSafe Executive Director of Health and Safety Marnie Williams said the absence of safe systems of work, safety instructions and supervision contributed to the tragic incident.

“Three teenagers, two of which had no prior farm work experience, were left to work on a commercial farm totally unsupervised. As a result, one died and two were witness to a tragic workplace incident,” Williams said.

“The forklift was accessible to anyone, and leaving the keys in the ignition was an invitation to disaster. The lack of instruction and training meant there was little to no understanding of the risks involved with driving a forklift.

“Because of their lack of experience, young people are particularly vulnerable at work. They must always be supervised and safety should never been left to chance.”

The forklift was used by both the farm owner and labour hire owner to move full bins of picked snow peas onto a transport truck. Each held appropriate forklift licences.

Originally published here.

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