Host Employer Fined After Quadbike Accident

A NSW vineyard operators has been found guilty of failing to consult a labour-hire company about the contracted worker’s training and experience with quad bikes.

Integrated Agricultural Developments Pty Ltd (IAD) engaged a labour-hire worker to help monitor controlled hazard reduction burns. While doing this the labour-hire worker road the quadbike onto an irrigation dam wall to observe the fire. When he attempted to reverse, the quadbike tipped over and rolled down the dam wall, trapping him underneath.

The worker suffered a fractured spine and pelvis, and can no longer undertake farmhand work as a result of his injuries.

The host employer (IAD) failed to ask the labour-hire firm about the worker’s training or experience with quadbikes and whether he held any relevant licences or competency certificates. IAD also failed to tell the labour-hire firm that it required the workers to use quadbikes or confirm whether it had a safe system of work for use of the vehicles.

The host employer also failed to; establish exclusion zones for quadbikes eg steep terrain areas, ensure protective helmets were provided and worn, and to install roll-over protection where reasonably possible.

The court was referred to the Safe Work Australia (SWA) guidance entitled “Labour Hire: Duties of Employers and Host Companies”, which includes the requirement to consult with labour-hire firms about training, experience and qualifications for the proposed role.

The judge found the rollover incident was foreseeable and IAD did not do enough to minimise the risk, ruling the company’s culpability fell in the mid-range.

He fined IAD nearly $200,000 for breaches of S.19 general duty of care for employees and breach of S.46 duty to consult other duty holders eg the labour-hire firm.