Conviction and fine for not ensuring sub-contractor safety

Baiada Poultry was convicted and fined $100,000 for safety failings which led to the death of a man in Victoria in December 2005, when a 550 kg steel module used for transporting live chickens for processing fell from a truck after it was loaded by a forklift driven by an unlicensed 16-year-old.

Baiada owned the cages and had directed the deceased and employees of DMP Poultech who caught and loaded the chickens to go to the farm. It was alleged the company failed to provide a safe workplace and systems of work for the deceased — a contract truck driver and deemed employee of Baiada.

Baiada pleaded not guilty before a County Court, but the jury found the company guilty, having been told that it:

• was aware of the risks involved with the loading and unloading of trucks because of a past incident;
• did not adequately identify, limit or control risks associated with loading and unloading trucks in near darkness;
• failed to provide a system of separating pedestrians and forklifts;
• gave no directions to truck drivers to remain in their vehicles during loading and unloading at poultry farms;
• did not ensure the forklift involved in this incident was operated by a trained person;
• had no forklift traffic management system to control the risk of the machines injuring pedestrians.

Stan Krpan, Director of WorkSafe's Legal Services and Investigations Division, said businesses, managers and supervisors had to ensure safety standards were in place for direct employees and sub-contractors: “The law is very clear that if you control the work, you have a legal obligation to ensure health and safety standards are in place and properly maintained. Safety is the responsibility of everyone and you cannot contract out that responsibility. This was a completely avoidable tragedy.

“This means having the equipment and a plan by which the work can be done safely, ensuring people are properly trained and supervised and that everyone has a clear understanding of the hazards and what must be done to avoid them. Complacency or long-standing personal or industry practice is not an excuse.”

DMP Poultech was convicted and fined $400,000 in April 2008 after it pleaded guilty to a charge of failing to take care of the safety of people other than employees.