NSCA Foundation

Fatality leads to fine for egg farm


Tuesday, 24 July, 2018

Fatality leads to fine for egg farm

A workplace fatality has led to a conviction and $230,000 fine for a free-range egg producer.

The contractor was killed during an incident involving a front end loader at Navarre, near Stawell.

Grampians Free Range Poultry pleaded guilty in the Horsham County Court to contravening section 26 of the Occupational Health and Safety Act by failing to provide a workplace that was safe and without risk to health.

The court heard that on Sunday, 29 May 2016, the 73-year-old contractor arrived at the property to continue a construction project, which included boring holes with an auger fitted to the back of the loader.

His body was later found 10 metres from the loader, which had stopped after colliding with a small forklift.

There were no witnesses to the incident, but a post-mortem later concluded the cause of the man’s death was multiple crush injuries consistent with being run over by machinery.

The court heard a WorkSafe Victoria investigation uncovered numerous mechanical and maintenance issues with the loader, including a broken starter ignition.

This meant that in order to start the vehicle, an operator was required to lean over the engine, either from the cabin or the side of the chassis, to connect a lead to the battery.

WorkSafe Acting Executive Director Health and Safety Paul Fowler said poorly maintained machinery posed a serious risk to worker safety.

“Machinery that is in such poor condition that it requires a workaround to operate is not safe to use,” Fowler said.

“Employers must ensure regular maintenance is carried out with reference to the manufacturer’s guidelines.

“Older machinery may also need to have improvements retrofitted to meet new industry safety standards or be upgraded where necessary.”

WorkSafe Victoria provided the following tips for maintaining and using machinery and tractors:

  • Ensure maintenance is carried out in line with the manufacturer’s guidelines.
  • When performing maintenance such as checking batteries, do not jump start a machine while at ground level and ensure the hand brake is on and the vehicle is out of gear.
  • Ensure all workers receive appropriate induction and training and that a register of this is maintained on file.
  • Implement an effective communication system between machinery operators, transport contractors and ground staff.

Image credit: ©stock.adobe.com/au/blackday

NSCA Foundation is a member based, non-profit organisation working together with members to improve workplace health and safety throughout Australia. For more information and membership details click here
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