Farm fine used as lesson
Authorities say simple steps can prevent injuries on farms.
A central New South Wales man has been convicted and fined $50,000 after a worker sustained serious injuries in 2020.
The charges came after a then 22-year-old man in the business’s employ had part of his leg severed by an operating, unguarded piece of inground machinery while he was helping to clear grain from a silo.
Drew Charles McLauchlan who, in a family partnership, operated a business known as Declem Pastoral was sentenced in the Downing Centre Local Court, Sydney for a breach of section 19/32 of the Work Health and Safety Act 2011 for failing to ensure as far as reasonably practicable the health and safety of workers
“In the case before the court, the worker was employed by a family-owned and operated farm with interests in sheep and beef cattle farming, as well as grain,” NSW Fair Trading Commissioner Natasha Mann said.
“On the day of the incident, the farmhand was shovelling and sweeping grain inside a silo. The defendant had removed floor guards from access points to an inground grain auger, which had a motorised, twisting metal segment that was conveying produce from the silo to a waiting truck.”
The court heard part of the worker’s left leg was severed above the knee when he stepped backwards into one of the grain auger’s unguarded access points. The business offered no formal training for workers and had no documented work system at the time of the incident.
During sentencing on 9 August 2022, the court heard that Mr McLauchlan had expressed sincere remorse following the incident. The business has since developed a safe work procedure for cleaning the silo and operating its grain auger.
Mr McLauchlan has the right to appeal the sentence.
“We are asking all New South Wales agribusinesses to be vigilant about their safe work planning, and relentless about ensuring that the management and workforce are properly trained,” Ms Mann said.
“This is a must if we are to stem the tide of injuries.
“We are investing in continuous education across industries, including agribusiness, to help ensure workplaces are safe places.”
Eligible small businesses in New South Wales may apply for a $1000 rebate upon successful completion of online safety training called Small Business Easy To Do WHS, which is available 24 hours a day, seven days a week.