Two Victorian companies facing charges over worker’s death

Two Victorian Companies Facing Charges Over Worker's Death

A fruit grower and a labour hire company are facing charges following the death of a 70-year-old worker who fell from a moving trailer in north-west Victoria two years ago. This incident echoes another case where Vic companies face charges over death of worker, highlighting ongoing concerns within the sector regarding site safety management.

The trailer was being towed by a tractor at the time of the incident. WorkSafe has charged the fruit company with five breaches of section 23(1) of the Occupational Health and Safety Act for failing to protect people who were not employees, an obligation central to sound safety management practices across the agricultural industry.

Charges Laid Against Both Companies

The workplace safety watchdog has laid two charges against the labour hire company for breaching section 21(1) of the OHS Act, plus a further charge under section 9(2) of the same Act for failing to supply documents to WorkSafe. These provisions form part of the broader health and safety framework governing employer obligations, and effective management of contractor arrangements remains critical when labour hire firms place staff on farms or in other high-risk industry settings.

Under the OHS Act, both companies carry duties that extend beyond direct employees. Robust management of subcontracted labour, including proper induction and supervision, is essential to reducing incidents like this one. Poor management of towing operations, vehicle maintenance, or worker positioning near moving machinery can quickly turn routine farm work into a fatal risk.

Why This Case Matters for Industry

This prosecution sends a clear message to the fruit growing industry and labour hire industry alike: safety obligations apply regardless of employment status. Whether a worker is directly employed or supplied through a third party, host companies retain significant management responsibilities under the OHS Act.

For businesses across construction, manufacturing, and agriculture, this case underscores several practical safety management lessons:

• Comprehensive risk assessments must cover all personnel on site, including contracted and labour hire workers
• Management of moving vehicles, tractors, and towed equipment requires documented safe work procedures
• Labour hire companies must maintain clear records and cooperate fully with WorkSafe document requests
• Site inductions should address specific risks tied to seasonal or agricultural work

Similar enforcement action has occurred elsewhere in the state. In a related matter, a Victorian health service facing charges over death of patient demonstrates how OHS obligations extend across sectors beyond traditional heavy industry, from healthcare to agriculture and beyond. Another case involving a Vic power station facing charges over worker death further illustrates the breadth of WorkSafe's enforcement reach across Victorian industry.

Strengthening Safety Management Systems

Effective safety management hinges on clear documentation, consistent training, and accountability at every level of an organisation. Businesses engaging labour hire workers should review their management systems regularly to confirm compliance with current OHS Act requirements.

Key documents supporting sound management practices include:

• Worker Agreement Policy outlining responsibilities between host employers and labour hire providers
• First Aid Worker Register to track emergency response coverage on site
• Isolated Worker Communication Log for staff working alone in remote or rural locations

Companies engaging contractors or labour hire staff should also consult comprehensive worker contractor manuals to strengthen management frameworks and reduce risk exposure across their operations.

Case Details

The case will be heard at Swan Hill Magistrates' Court on 24 January 2024. Both companies face scrutiny over their respective management failures, with WorkSafe alleging breaches spanning workplace protection, health obligations, and cooperation requirements under the Act.

Read more here.