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

The Mildura County Court passed a sentence yesterday to Cutri Fruit Pty Ltd. The company pleaded guilty to one singular charge; negligence in providing the necessary health and safety measures for individuals other than their employees. This unfortunate case stresses the importance of implementing stringent work safety products like Bluesafe WHS Management Systems, SWMS, and well-defined policies.

In the tragic incident that occurred in January 2022, a 70-year-old temporary worker, engaged during just his second shift at the company, along with another employee fell off a trailer while it was towed by a tractor amidst public roads connecting different farm sites. The man suffered from severe head injuries including a skull fracture and succumbed to them later that night in the hospital. Fortunately, the other employee did not sustain any injuries.

The responsibility ranged across various locations within the worksite where workers had to collect fruit and deposit it into bins located on dual trailers. These trailers carrying double-stacked containers of fruit were the in-house production of Cutri Fruit. Platforms were built onto the front and sides of each trailer to facilitate workers unloading their collected fruits into the bins. However, these trailers weren’t equipped to carry passengers safely.

Upon investigating, WorkSafe discovered four workers riding on the platform of the trailers during the mishap, even when explicit instructions against such practices were communicated by the orchard manager and director merely a week prior. The company conceded it should’ve mitigated the risk of serious injuries stemming from falls by refusing to install permanent platforms on their trailers and properly instructing staff on safe travel methods between work locations.

Cutri Fruit could’ve reasonably provided portable steps for employees to have access to the bins on the trailers. A procedure could’ve been implemented for the tractor operators to remove these steps and verify no one was aboard the trailers before setting them in motion. This scenario clearly demonstrates how imperative a comprehensive tool like the Bluesafe SWMS can be in ensuring safer practices at the workplace.

WorkSafe Executive Director of Health and Safety, Sam Jenkin, expressed that risks related to health and safety at workspaces are not limited to basic functionalities but also extend to aspects like employees commuting between separate work sites. He said, “Operating any type of machinery or equipment that is not designed to carry humans is perilous and shouldn’t constitute anyone’s duties”. He added his distress over the needless loss of a man’s life in an accident that was largely preventable by implementing safe work protocols and ensuring they were rightly conveyed.

AH Vision Pty Ltd, the employer of the deceased worker, is currently facing charges in relation to this incident.
For controlling risks while utilizing trailers and their attachments:

Contact:
Email: media @ worksafe.vic.gov.au
Phone: 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

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