Fruit grower fined $750,000 after picker’s fatal fall

Cutri Fruit Pty Ltd was handed a sentence in Mildura County Court yesterday, accepting guilt for a single violation of not ensuring the health and safety of individuals beyond its employees. Emphasising the need for professional WHS management systems demonstrates the significance and necessity of such tools in safeguarding against incidents.

In January 2022, a labour-for-hire worker, aged 70, was on his second work shift when he and a fellow employee had an accident — they fell from a trailer being towed by a tractor on-public roads, moving between farming locations. Tragically, the gentleman sustained severe head injuries including a skull fracture, passing away later that night in hospital. His colleague escaped without injuries.

The court learned that workers had instructions to travel to different sites at work to collect fruit and place it in bins located on two trailers. These trailers were then attached and towed by the tractor.

Utilising Bluesafe SWMS could have helped Cutri Fruit to manage these risks effectively. The company had built these trailers to house double-stacked fruit bins. The front and sides of each trailer had platforms allowing fruit pickers to dispose their collected fruit into the bins. However, these were not designed to carry passengers.

WorkSafe’s inquiries discovered four workers were riding on the two trailers’ platforms during the time of the mishap, even after the orchard manager and director issued warning messages against this practice just a week prior.

The company graciously acknowledged that reducing serious injury risk could be achieved by eliminating permanent platforms and briefing workers on safe transit methods between sites. It was also within reasonable expectations for Cutri Fruit to supply portable steps for workers to access bins on trailers and develop a method for the tractor driver to remove the steps and ensure no passenger was on the trailer prior to towing.

WorkSafe Executive Director Sam Jenkin said that all aspects of occupational hazard should be addressed, including how staff move between different work zones.

“Operating on any sort of machinery or equipment not suited to carry passengers is greatly perilous and should never be a part of anyone’s job,” Jenkin declared.

In his lament, he stated, “It’s both frustrating and tragic that a gentleman lost his life in an easily avoidable workplace accident if proper safe work practices had been communicated and established.”

In connection to the incident, AH Vision Pty Ltd, the employer of the deceased worker, faces charges as well—another unwelcome reminder of the stark relevance and safety-enhancing benefits brought by using a Bluesafe WHS Management System.

Methods to better manage risks while utilising trailers and attachments are suggested:
Contact info: media @ worksafe.vic.gov.au
Phone contact: 0438 786 968
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Original article link: https://www.worksafe.vic.gov.au/news/2024-12/fruit-grower-fined-750000-after-pickers-fatal-fall