On 13 October 2023 an agricultural business was fined $40,000 in the Dalby Magistrates Court after pleading guilty to three charges arising from breaches of the Work Health and Safety Act 2011 (Qld) (‘the Act’). The defendant was charged with having breached section 32 of the Act, having failed to comply with their primary health and safety duty pursuant to section 19(1) of the Act, exposing an individual to a risk of death or serious injury. The defendant was further charged with failures to comply with sections 38(1) and 39(1) of the Act, being requirements to notify the regulator that a notifiable incident had occurred and to ensure that a notifiable incident site was not disturbed.

In February 2021 the defendant was engaged to spread manure on multiple paddocks on a properly located on Warra Kogan Road, Warra. One of the defendant’s workers was operating the defendant’s Caterpillar 950 Frontend Loader to carry out the work on 10 and 11 February.

On 10 February one of the defendant’s directors and two other workers travelled by car with the loader operator from the paddock where work was being undertaken to the paddock where work would be undertaken the next day. The loader operator was directed to travel between the two paddocks using the main road and not via a more direct path which travelled through a dry creek bed. The creek bed had a steep slope leading down into it and no proper road through.

At around midday on 11 February, the loader operator has started travelling to the next paddock and has taken the path leading through the creek bed. As he was travelling down the slope, the loader operator has attempted to apply the brakes to control his descent but found them to be ineffective. The loader operator has then attempted to turn the loader to the left, causing it to roll over onto its side. As a result of the incident the loader operator received a number of injuries including bruising, multiple lacerations and a full thickness tear to his right ear requiring stitches and a night in hospital.

The defendant did not notify the Regulator of the incident and it only came to their attention after the loader operator reported it on 15 February.

The defendant further failed to ensure that the incident site was not disturbed as another of the defendant’s directors and a worker attended at the property in the hours after the incident and they, with the assistance of the property owner, righted the loader and drove it away.

An inspection revealed that the loader’s brakes were defective with the rear brakes disconnected, the emergency and parking brakes either incorrectly adjusted or worn out and the hydraulic master cylinder reservoir for the front brakes empty, making the application of the front brakes spongy at best.

The defendant entered pleas of guilty and was sentenced before Magistrate Ryan.

In arriving at the sentence, her Honour had regard to the Penalties and Sentences Act 1992 (Qld), the circumstances of the offending and the actions taken by the defendant post incident.

Her Honour considered the injuries suffered by the injured worker and observed that whilst they were not life threatening in this instance, they could have been, and it was more a matter of good luck that the loader operator was not more seriously injured.

Her Honour took into account the need for deterrence both general and specific, observing that whilst specific deterred may not loom as large, general deterrence was important. It was noted that in some instances the agricultural industry can be left behind or not taken as much notice of when it comes to incidents and that they likely occur possibly more than people think, especially when machinery is involved. Her Honour highlighted that it was important that employers ensure the safety of workers and other persons though the loader operator’s failure to follow instructions was also noted.

In mitigation, Her Honour took into account that the defendant entered a very early plea of guilty, had cooperated with the investigation, had taken substantial steps to rectify their safety procedures post incident and had no previous convictions. Her Honour also took into account that the defendant was a small family business which was likely to be wound up before the end of the year with most employees already being given their notice of termination.

Her Honour imposed a fine of $40,000 for all three offences, ordered that costs of $1,101.40 be paid and exercised her discretion not to record a conviction.

OWHSP contact: enquiries@owhsp.qld.gov.au