A FARMING business has been slapped with a $90,000 fine after a court found it failed to protect a worker who was killed on the job three years ago.
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A SafeWork NSW investigation found Pengela Rural Enterprises Pty Ltd was at fault when a 69-year-old bulldozer operator was crushed to death on June 4, 2013, at a farm, 35km north of Moree.
The beef and grain farming business, based about 35km out of town on the Newell Highway, has been convicted under the Work Health and Safety Act 2011 after it pleaded guilty in the Downing Centre District Court in Sydney in May to a breach of the law.
As part of a judgement handed down this month, Judge William Kearns fined the company a total of $90,000, and the company was ordered to pay $29,700 in professional costs to the prosecuting authority.
The worker was working on the grain and beef cattle farm about 8.30am and was cleaning built-up soil when the incident occurred.
SafeWork NSW instigated legal proceedings against the company in 2015 after an investigation found the worker had not been shown or given the equipment manual on how to attach the hoe to to the skid steer.
The man had only been given verbal instructions on how to attach the hoe, but was crushed between the gears and the metal bars of the hoe and the protective cage of the skid steer because the hoe was attached incorrectly, SafeWork NSW found.
The safety regulator took action against the company, claiming it failed to provide proper training to connect the hoe to the skid steer, failed to provide a safe operating procedure, and failed to ensure the operating manual was available.
The equipment manual, which was inexplicably located more than 80km away, included clear warnings about the risks.
- Peter Dunphy
SafeWork NSW Executive Director Peter Dunphy said the death was “preventable”, and could have been avoided if proper training and a copy of the equipment manual was given to the 69-year-old.
"Even with experienced employees, training is extremely important," Mr Dunphy said.
"In this instance, providing verbal instructions was not enough, especially when the equipment manual, which was inexplicably located more than 80 km away, included clear warnings about the risks.
"Another employee should have also supervised the work and checked that the hoe was properly attached.
"This incident serves as a reminder to the agriculture industry of the importance of effective safe work systems in preventing workplace injuries and fatalities."