Davies Developments Pty Ltd

Incident description:

A workplace accident occurred during a Winery Ride that departed from the company’s Ocean View property to the Ocean View Winery Estate. The fatally injured rider had indicated that he was an experienced rider and did not feel it was necessary to wear a helmet. He signed an “assumption of risk signature form” to this effect, and was allowed to ride without a helmet. Some time into the ride, he cantered ahead of the group with two other riders, one of whom saw him standing in the saddle with his hands raised, holding the reins. At this time, the horse slipped on the concrete curb and fell from the horse striking his head on the gutter.

Investigation Findings:

The Workplace Health and Safety Queensland investigation found that the company failed to require clients to wear horse riding protective helmets as a condition of the horse riding contract between the rider and the company. The company cooperated with the investigation, entered an early plea of guilty and had no previous convictions.

Considerations for prevention:

Obligation holders should consider the requirements of section 27A of the Workplace Health and Safety Act 1995 which outlines obligations relating to risk management. The company should also consider the requirements of the Code of Practice for Horse riding schools, trail riding establishments and horse hiring establishments 2002, part 7 – Safety when riding.

Court Result:

The defendant was found guilty and fined with no conviction recorded.

• Horse Riding Schools, Trail Riding Establishments and Horse Hiring Establishments Industry Code of Practice 2002
• Safety when riding