Big fine for chipper death
A record $2.25 million fine has been imposed on a tree removal company following a fatality in NSW.
A tree management company in New South Wales has been hit with a staggering fine of over $2 million after a worker lost his life in a woodchipper accident.
The incident occurred at a school site in Lindfield, Sydney on September 7, 2019, when 40-year-old Samuela Cirivakayawa mysteriously disappeared while working for A1 Arbor Tree Services.
Witnesses reported finding blood on the back of the truck, and it was later discovered that Cirivakayawa had been pulled into the woodchipper's infeed hopper and internal disc drum.
SafeWork NSW immediately launched an investigation, which recently culminated in the largest fine ever imposed on a business in the state, as ruled by the District Court on July 14.
The court reduced the original $3 million penalty by 25 percent to $2.25 million after A1 Arbor Tree Services pleaded guilty.
During the trial, it was revealed that the woodchipper in question was not designed for hand-feeding but for use with a mechanical log loader.
The machine itself featured prominent warnings stating; “Danger, do not hand feed this machine ... Severe injury or death can result,” on both sides.
According to court documents, A1 Arbor Tree Services failed to conduct a risk assessment of the equipment, which had known defects.
Judge Wendy Strathdee determined that the company neglected to provide adequate information, training, and instructions to its workers regarding the safe operation of the woodchipper.
She assessed the culpability in this case as “reasonably high”, emphasising the severe harm that was foreseeable and the straightforward measures that could have prevented it.
Although the judge acknowledged A1 Arbor Tree Services' efforts to enhance workplace safety, she expressed doubts about the sufficiency and sustainability of these measures.
Furthermore, she criticised the company's attempt to shift blame onto the victim during the sentencing hearing, rather than accepting responsibility for their negligence.
Reacting to the ruling, NSW Work Health and Safety Minister Sophie Cotsis labelled the worker's death as completely avoidable and highlighted the ongoing SafeWork NSW review.
Cotsis stressed the importance of ensuring that employees can go to work and return home safely, and the need for businesses to comply with stringent workplace safety laws.
The outcome of the safety regulator's review is expected to be released in November.