Tractor Death Costs The Public Trust
Mangaheia Station in Tolaga Bay - just North of Gisborne – tragically lost a farm hand killed when a tractor rolled over in June 2007.
There are several points in this case that we wish to bring to the attention of employers and, in particular, farmers.
- The farm is owned by the Public Trust
- The Public Trust is a 'Crown Entity' & as such cannot be fined under the Health & Safety Act
- The Gisborne District Court was however able to order the employer (the Public Trust) to pay reparations of $15,000 to the dead employee's partner and a further $35,000 to the employee's infant son
- When sentencing the employer the Judge suggested "If a fine had been possible it would have been in the vicinity of $35,000 to $40,000."
- Based on the above we suggest that employers who are not 'Crown Entities' – and that's every other employer in NZ – would, in similar circumstances, be paying some $90,000
- A toxicology report indicated the employee had consumed a single cannabis cigarette within four hours of his death
- Employers are well advised to adopt and implement a Drugs & Alcohol testing programme if employees are carrying out safety sensitive tasks.
TRACTOR DEATH HIGHLIGHTS NEED TO TRAIN AND SUPERVISE FARM WORKERS
(SOURCE LABOUR DEPT)
04 JUNE 2008
The Department of Labour is urging the farming industry to ensure that all its workers are properly trained and supervised, after the death of an inexperienced farm hand killed when a tractor rolled over.
"Grant Yates tragic death is a reminder of why farms need formal systems in place for managing health and safety,” says Department of Labour regional manager Ona de Rooy. “These system can't be vague or ad-hoc. They need to be written down, communicated to workers and practised every day.”
Mr Yates was crushed to death on June 6, 2007 when the tractor and trailer he was driving rolled over in steep terrain at the Mangaheia Station, in Tolaga Bay near Gisborne.
In the Gisborne District Court his employer, the Public Trust, was ordered to pay reparations of $15,000 to Mr Yate's partner and $35,000 to his infant son. The Public Trust had earlier pleaded guilty to one charge brought by the Department of Labour under the Health and Safety in Employment (HSE) Act.
As the trustee for the trusts that owned the Mangaheia Station, the Public Trust was legally considered to be Mr Yate's employer. As a Crown entity it cannot be fined under the HSE Act, but at the sentencing Judge Maze said if a fine had been possible it would have been in the region of $35,000 to $40,000.
Ms de Rooy said the human and financial cost of Mr Yate's death might have been avoided if steps had been taken to protect him at work. She urged farm managers and farm owners around the country to take note of these steps as they applied where ever tractors were used.
“Employers need to ensure that any workers using a tractor is adequately trained and supervised until competent enough to work on their own.”
Employers also need to set up formal training systems, and keep written training records. “If Mr Yates had been adequately trained he might have appreciated the dangers involved in using the tractor the way he did, and might have chosen an alternative – safer - way to work.”
Written health and safety management systems are also needed. “These should include a documented process for identifying and managing hazards before work begins. In Mr Yates' case, if someone had walked around the area looking for hazards it might have become clear that the terrain was not safe for an inexperienced tractor driver towing a trailer.”
Following Mr Yate's death, the Public Trust engaged the Employers and Manufacturer's Association to implement a health and safety management system for Mangaheia Station, and this was in place within three months of his death. Ms de Rooy also urged farm workers to avoid illegal drugs at work. A toxicology report indicated Mr Yates had consumed a single cannabis cigarette within about four hours of his death.
Click here for information on our osh products and services >>
Click here for more information on drug and alcohol detection >>
|