An apple a day won't keep workplace risks at bay
A Victorian company that operates an apple orchard has been fined $20,000 without conviction for failing to ensure the workplace was safe, in relation to an employee being struck in the face by a heavy chain used to extract a bogged tractor.
On 29 February 2024, an employee of the company was driving a tractor to restore the surface of an orchard row, when it became bogged. To extract the bogged tractor, workers attached a chain to the front bumper of the tractor, wrapping the other end around the link arm attached to a second tractor. The second tractor initially moved slowly to try extract the bogged tractor but when that failed, the speed was increased. During this attempt, the chain broke and snapped backwards, smashing the bogged tractor’s windscreen and hitting the employee who was in the bogged tractor.
The Court heard that at the time of the incident, the only piece of equipment available to extract a bogged tractor was the chain. The chain was however unsuitable for the task as it had an insufficient rated load capacity to extract a bogged tractor.
The Court noted that the purchase and use of rated recovery straps, and the provision of information and training to employees associated with their use, were two risk mitigation measures readily available to the company that were not in place.
Make safety every job, every day a reality this October
In case you missed it: October is National Safe Work Month! We are now in week 2 of the yearly awareness campaign, with the theme this year being ‘safety: every job, every day’. The aim is to encourage all workplaces – regardless of occupation, industry, location or size – to prioritise safety, every day.
Safe Work Australia is promoting a different element of workplace risk management each week, with this week being ‘assess risks’. The case above is a good illustration of the results when you fail to assess risks!
Like all year round, the Health and Safety Handbook is here to help you manage the risks in your workplace. Head to the chapter Risk assessments for assistance with the risk assessment process.
In honour of National Safe Work Month, we are opening access to this chapter until end-of-day Wednesday! So, if you aren't subscribed to the handbook, you can check out 'Risk assessments' for free.
For those participating in National Safe Work Month events and promotions, we hope you enjoy them and carry what you have learned throughout the rest of the year, and beyond.
The importance of documentation to prove why adverse action is taken
When a claim is made under the general protections provisions of the Fair Work Act 2009 (Cth), the Fair Work Commission or a court will presume that you took the adverse action for the prohibited reason, as alleged, unless you can prove otherwise ...
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