Issue Date:  -  Thursday, 27 October 2005

WorkSafe Order Breach Results in Fine for Orchard Owner

A Kirup man has been fined for using tractors at his orchard without appropriate roll over protective devices.

Angelo Terzo Logiudice of Logiudice Road Kirup who pleaded guilty to breaching regulation 4.44(1) of the Occupational Safety Health regulations was also ordered to pay costs when he was sentenced in the Bunbury Magistrates Court this week.

The court was told that WorkSafe inspectors conducted a safety inspection in July 2003. During that inspection they were taken to a part of the property where fencing activities were taking place. The area was on the side of a hill sloping towards a creek line and the ground was very slippery.

WorkSafe inspectors saw two tractors and neither were fitted with a roll over protective structures

Logiudice admitted the tractors were used for around fifteen minutes for clearing blackberry from the fence line and that they did not have roll over protection. One tractor had had a roll over protection structure fitted but it had been removed for work in the orchard and not refitted before the clearing work.The other tractor had never had ROP’s fitted.

The court was told that in April 2002 WorkSafe inspectors had issued him with an improvement notice that had directed him to fit roll over protective devices and seat belts to all tractors used in the workplace.

A spokesperson for WorkSafe said safety laws require all operational farm tractors have a ROPS or protective cab but for work under trees or low structures may have their ROPS lowered or removed while the work is being done.

Tractors account for around 15% of work related fatalities among those employed in agriculture in Australia, which is an average of 22 deaths per year, largely due to roll-overs.

Further information on ROPS can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.worksafe.wa.gov.au