Wumbulgal Agriculture Pty Ltd has been convicted and fined $555,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident in February 2023 involving a fatal injury to a worker who was using a quad bike when he struck a mound at speed.
Wumbulgal Agriculture Pty Ltd pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its health and safety duty to workers under section 19(1) of the Act.
The Court also made an order for Wumbulgal Agriculture Pty Ltd to arrange for its workers to undertake a side-by-side vehicle training course and provide evidence of satisfactory completion of the training to SafeWork NSW.
The full judgment against Wumbulgal Agriculture Pty Ltd can be read on the NSW Caselaw website at SafeWork NSW v Wumbulgal Agriculture Pty Ltd - NSW Caselaw.
Wumbulgal Agriculture Pty Ltd has the right to appeal against its sentence.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW on 13 10 50 or through the Speak Up Save Lives website.
Business owners and workers can access a range of resources to help manage the risks of working with plant and machinery on the SafeWork NSW website.
SafeWork Commissioner Janet Schorer said:
“SafeWork NSW is urging businesses to ensure they have safe systems of work in place to keep their workers safe when out on the field.
“Quad bikes and side-by-side vehicles are one of the biggest risks on NSW farms and using them unsafely could have deadly consequences that impact entire workplaces, communities and families.”
“Risk control measures for working with moving plant and fixed machinery are well known. Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents related to moving plant.”
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