Prosecution Details

Being a self-employed person at a workplace where there was powered mobile plant, namely a Same Solar 60 tractor and a Fiat 650 tractor, and where there was a risk that the plant could overturn, failed to ensure, so far as practicable, that the risk was limited by the provision of an appropriate combination of operator protective devices that are maintained and used appropriately, namely a roll over protective structure and a seat belt on each tractor; contrary to regulation 4.44(1)(a) of the Occupational Safety and Health Regulations 1996.

The accused operates an orchard in Kirup.
On 30 July 2003 WorkSafe inspectors attended the workplace to conduct a safety inspection and were taken to an area where fencing activities had been undertaken on or about 29 July 2003. The area was on the side of a hill sloping towards a creek line and the ground was very slippery. In the immediate area were a Fiat 650 tractor with a three point linkage carry-all attached and a Same Solar 60 tractor with a three point linkage grading blade attached. Neither tractor was fitted with a roll over protective structure at that time . The Same Solar 60 tractor had been fitted with a roll over protective structure preceeding that but it had been removed for work in the orchard and not replaced. The operation of the tractors in the area and the path the tractors would have taken to arrive at the area from where the tractors are kept put the tractors at risk of overturning.

The accused admitted that the tractors were used for clearing blackberry from the fence line and that the tractors did not have roll over protection. The accused stated that he was the only person who used the tractors and the tractors were only used for approximately 15 minutes.