Barbera Farms Pty Ltd

Incident description:

On 11 December 2009, workers at the defendant's workplace were exposed to heat stress.

Barbera Farms Pty Ltd was involved in the production of farm produce, including growing, packing, transporting and selling tomatoes at Childers.

The court found the defendant held obligations under s.28 of the Workplace Health and Safety Act 1995, being a person conducting a business or undertaking.

The defendant employed a number of casual and temporary workers (including backpackers) to work in various agricultural fields. Work included snipping wires from tomato stakes and placing waste in baskets. Workers were exposed to heat stress due to inadequate work procedures, in particular supervision and enforcing safe practices.

The investigation findings presented to the court alleged the defendant:

• did not provide adequate information or instructions to workers to ensure workplace health and safety
• did not provide adequate training and supervision for workers to ensure workplace health and safety
• did not adequately consult with workers to ensure workplace health and safety
• had a formal written induction program for workers, but failed to ensure the control measures identified in the induction process were implemented and adhered to.

Hazards requiring management were:

• field work in heat
• work during which a person could be exposed to a heat related risk, namely heat stress due to field work in heat
• work during which a person could be exposed to a heat stress related illness, including heat stroke, heat exhaustion and heat hyperpyrexia (extremely high fever).

The hazards resulted in the risk of death or injury to workers and required management under s.27A of the Act. The defendant failed to:

• implement temperature reducing control measures (such as supply of water and/or other sources of rehydration, shading, or wearing of personal protective equipment to prevent heat stress)
• implement control measures to minimise the effects of dehydration while performing field work in heat
• ensure a safe system of work for risk management and provide adequate information, instructions, training (including an adequate induction and consultation with workers) and supervision to workers to ensure health and safety.

Court result:

The defendant pleaded guilty in the Brisbane Industrial Magistrates Court on 9 June 2011 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 Paul Kluck fined the defendant $25 000.

In reaching a decision, Industrial Magistrate Kluck acknowledged the defendant failed to have an adequate system for this type of work activity. In deciding a penalty, the industrial magistrate took into account that the defendant had not been prosecuted previously for any work health and safety breach, cooperated with the investigation and entered an early plea of guilty.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When deciding and implementing control measures associated with the risk of heat, obligation holders should consider supervision and enforcement of heat minimising strategies and ensure that:

• such tasks are supervised or undertaken by suitably qualified and experienced workers
• a risk assessment of the task has been completed, documented and evaluated.

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

• sun safety and heat stress
• managing risk
• employer training options
• training staff
• How to Manage Work Health and Safety Risks Code of Practice 2011
• Work Health and Safety Act 2011.