VIC irrigation company charged after telehandler incident leads to brain injury

A Gippsland irrigation company faces charges after a worker suffered a brain injury when struck by a telehandler at a Yarram dairy farm in October 2023. WorkSafe has charged the Wellington irrigation company with breaching workplace safety obligations under the Occupational Health and Safety Act.

What Happened in the Telehandler Incident?

The incident occurred at a dairy farm in Yarram, Gippsland, when an employee sustained a brain injury after being hit by a telehandler. WorkSafe's investigation into the incident led to charges being laid against the irrigation company responsible for the worksite.

Telehandlers are powerful pieces of plant equipment commonly used across agricultural and construction settings. Without proper operational controls, a telehandler can pose significant risks to workers on foot, particularly in busy farm environments where visibility and communication may be limited.

Charges Laid Against the Company

WorkSafe has charged the company with two counts under section 21(1) of the Occupational Health and Safety Act for failing to provide and maintain a safe workplace. Specifically, the charges allege:

• A breach of section 21(2)(a) for failing to provide and maintain a safe system of work
• A breach of section 21(2)(e) for failing to provide necessary information, instruction or training to enable employees to work safely

A filing hearing for the matter has been scheduled at the Sale Magistrates' Court. Outcomes from proceedings before the court will determine what penalties, if any, apply to the company.

Why Telehandler Safety Matters on Farms

This case highlights ongoing challenges around plant safety in agricultural workplaces. Telehandlers require trained operators, clear traffic management plans and robust communication systems to prevent collisions with pedestrian workers.

Employers carry legal obligations to identify hazards associated with mobile plant, including telehandlers, and implement controls that protect health and safety across the entire worksite. This includes:

• Establishing exclusion zones around operating telehandlers
• Providing operator training and competency assessments
• Maintaining clear lines of sight and communication between operators and ground staff
• Regularly reviewing safe work procedures for high-risk plant operations

Robust incident management processes also play a critical role in identifying near misses before they escalate into serious injuries. Businesses using mobile plant should ensure their incident and hazard reporting procedures are current and effectively communicated to all workers.

A Pattern of Workplace Safety Prosecutions

This case follows a series of similar prosecutions covered in recent safety news, reflecting WorkSafe's continued focus on enforcing compliance across high-risk industries. Other recent cases include a Victorian building company charged after a worker's fatal fall, a transport company charged after a worker suffered an electrical shock, and a power company facing a guilty plea after a fatal workplace incident.

Electrical hazards, power line contact and mobile plant incidents remain leading causes of serious workplace injury across construction, agriculture and utilities. Employers managing electrical infrastructure or heavy machinery must prioritise safety systems that address these persistent risks.

Lessons for Employers Managing Mobile Plant

Businesses operating telehandlers or similar equipment should review their safety management systems regularly to ensure compliance with current legislation. Key actions include:

• Auditing existing safe work procedures for mobile plant operations
• Ensuring all operators hold appropriate licences and training
• Reviewing site-specific risks, including proximity to power infrastructure and electrical assets
• Documenting health and safety training records for all staff

A well-maintained incident reporting policy supports timely responses when things go wrong, while a clear company vehicle policy can help clarify expectations for mobile plant and vehicle operators alike.

Final Thoughts

This case serves as a timely reminder for irrigation, agricultural and construction businesses to review their approach to telehandler safety and broader plant operations. Investing in proper training, robust systems of work and clear communication protocols can help prevent serious injuries and reduce legal exposure.

Stay updated with the latest workplace safety news and legal developments by following ongoing WorkSafe prosecutions and health and safety reporting across Australian industries.

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