Prosecution Details

Being a self-employed person failed to take reasonable care to ensure his own safety and health at work

On 17 December 1996 Mr Rempel attempted to start the engine of a tractor to drive an auger which would then transfer grain from the field bin to his truck. He did not climb up onto the tractor and sit in the operator's seat, but instead chose to stand next to the operators position and in front of the left hand side rear wheel. He used his left hand to depress the clutch, reached across and started the tractors engine. He slowly let out the clutch with his hand and discovered that the tractor had been left in gear. It moved off and immediately trapped Mr Rempels foot so that he could not escape.

The tractor ran over Mr Rempel causing serious injuries including a broken leg, shoulder and ribs. The tractor then ran out of control across the paddock before colliding with a stand of trees.

Mr Rempel was an experienced operator of tractors and stated that he was aware of the dangers associated with starting a tractor whilst not sitting in the operators position.