The defendant operated a farming business and failed to ensure that one of its tractors was fitted with a seatbelt in contravention of its duty.

On 22 May 2022, one of the defendant’s employees commenced work at approximately 7am. His principal task that day was to continue slashing the grass growing between the rows of banana trees using a tractor with slasher attachment, a task he had commenced the previous week.

The tractor was fitted with a rollover protection structure but was not fitted with a seatbelt. The work was hazardous in that it posed a risk to the health and safety of workers operating the plant, relevantly, the possibility that he would be injured by the movement of the tractor.

The Managing the risks of plant in the workplace Code of Practice prescribes that ‘safety features which need to be addressed at the … operation stage include … measures for operator health and safety (e.g. seat belts)’. And ‘where a tractor is fitted with a seatbelt and a ROPS is present, the seatbelt should be worn by the operator if the tractor is moving. This will provide additional protection in the event of a tractor rolling over by keeping the driver within the protective zone offered by the ROPS’.

After the absence of the seatbelt was discovered by Workplace Health and Safety Queensland inspectors, the defendant opted to install retractable seatbelts on all its tractors. The defendant also amended the ‘service sheets’ used by its mechanics to include the checking of seatbelts, and it updated its Tractor Induction and Training Procedure to include the fitting and use of seatbelts.

In sentencing the defendant, Magistrate Morton took into account that the defendant was aware of its obligations to its workers, that the offending was hazardous because of the type of work it involved, and it was common sense that a seat belt ought to have been fitted to the tractor. He considered that general deterrence was of particular relevance.

In mitigation, his Honour had regard to the defendant’s early plea of guilty, that the offending occurred on a single day, that the defendant had no previous convictions in its 50-year history and was a good corporate citizen with exemplary community contributions. His Honour also had regard to the fact the business was no longer in operation.

Magistrate Morton fined the defendant $15,000 plus costs of $1500 and $101.40 for filing. No conviction was recorded.

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