Beshan Pty Ltd

Incident description:

On 21 July 2008 a 28 year old female Japanese backpacker sustained injuries to her left hand while picking tomatoes for the defendant.

The court acknowledged Beshan Pty Ltd held obligations under s.28(1) of the Workplace Health and Safety Act 2005 as a person conducting a business or undertaking.

Investigation findings presented to the court revealed:

• a tomato harvester completed a run through the rows and was making a turn around a power pole. The left side boom required rotation and retraction to clear the power pole. After making the turn, the harvester rotated the boom into the operating position
• the worker was standing on the tomato harvester where she was de-stalking tomatoes. As the machine operator lowered the boom into place the movement caused the tomato hopper to rotate. The worker's left hand was between the boom and the hopper. The rotation movement trapped, crushed and amputated three fingers on her left hand (index, middle and ring)
• post incident the defendant installed guarding, implemented specific task-related training and inductions for working near and around tomato harvesting plant (including written signage), and engaged a consultant to assist in safety strategies.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 28 April 2010 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Mr Graham Lee fined the defendant $35 000 and ordered costs totalling $2243.29.

The court found inadequacies in the work procedures were clear. In particular the court acknowledged the Plant Code of Practice 2005 contained set procedures and these procedures were not followed.

It also found the defendant failed to establish a safe system of work for picking tomatoes around moving plant. Specifically, the defendant had not implemented any controls to stop or minimise the likelihood of crush and amputation injuries as result of unguarded plant.

In deciding penalty Industrial Magistrate Lee took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

When working in the fruit picking industry where there is exposure to risks from plant and equipment, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves:

• evaluating the consequences and likelihood of harm that may result from the hazard
• deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing control measures associated with the risk of injury from exposed moving parts of machinery, obligation holders should consider guards which prevent workers from being injured.

Visit the Workplace Health and Safety Queensland website for more information on:

• Plant Code of Practice 2005 
• Plant, machinery and equipment
• Health and Safety information for horticulture fruit and vegetables
• Health and Safety information for farmer and farm manager
• Managing risk
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.