Alert: Notifications at reduced capacity during COVID-19 restrictions

We are operating at reduced capacity due to the COVID 19 alert level four requirements.

Please only call our 0800 number if someone is at serious risk of harm or has been seriously injured, become seriously ill, or died as a result of work.

For other notifications please complete our online forms at Notify WorkSafe.

Court Summary - at a glance

Date of offence:
10 April 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$ 239,062.50

Safety lessons learned:
  1. Ensure that tractor’s repair history is communicated to the on-site Mechanical Technician;
  2. Ensure that the wires for warning lights are reconnected and working after brake fluid is replaced;
  3. Ensure that the tractor provided has fully operational brakes.

Defendant name:
Agricentre South Limited
 
Industry:
Agriculture
 
Date of offence:
10 April 2016
 
Facts in brief:
The Defendant supplied a second-hand tractor for a trial on a farm in April 2016.

While driving up a hill towing a trailer with the victim sitting on the back, the tractor lost its brake function, and ran backwards down the hill. The trailer jack-knifed, throwing the victim off, the tractor ran over her leg and came to rest at the bottom of the hill.

The victim suffered a fractured C5 vertebra in her neck, a fractured right humerus, a fractured right wrist, an open wound below her right knee and a de-gloving injury to her left leg from mid-thigh to below knee.
 
Offence section:
Sections 48(1) and 2(c), and 36(2) of the Health and Safety at Work Act 2015
 
Date charged:

Court:
Gore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$ 239,062.50
 
Maximum fine available:
$1,500,000
 
Reparation:
$60,000 for emotional harm and $43,459.75 for consequential loss