Tractor death highlights need to train and supervise farm workers

04 june 2008

The Department of Labour is urging the farming industry to ensure that all its workers are properly trained and supervised, after the death of an inexperienced farm hand killed when a tractor rolled over.

“Grant Yates’ tragic death is a reminder of why farms need formal systems in place for managing health and safety,” says Department of Labour regional manager Ona de Rooy. “These system can’t be vague or ad-hoc. They need to be written down, communicated to workers and practised every day.”

Mr Yates was crushed to death on June 6, 2007 when the tractor and trailer he was driving rolled over in steep terrain at the Mangaheia Station, in Tolaga Bay near Gisborne.

In the Gisborne District Court today his employer, the Public Trust, was ordered to pay reparations of $15,000 to Mr Yates’ partner and $35,000 to his infant son. The Public Trust had earlier pleaded guilty to one charge brought by the Department of Labour under the Health and Safety in Employment (HSE) Act.

As the trustee for the trusts that owned the Mangaheia Station, the Public Trust was legally considered to be Mr Yates’ employer. As a Crown entity it cannot be fined under the HSE Act, but at the sentencing Judge Maze said if a fine had been possible it would have been in the region of $35,000 to $40,000.

Ms de Rooy said the human and financial cost of Mr Yates death might have been avoided if steps had been taken to protect him at work. She urged farm managers and farm owners around the country to take note of these steps as they applied where ever tractors were used.

“Employers need to ensure that any workers using a tractor is adequately trained and supervised until competent enough to work on their own.”

Employers also need to set up formal training systems, and keep written training records. “If Mr Yates had been adequately trained he might have appreciated the dangers involved in using the tractor the way he did, and might have chosen an alternative – safer - way to work.”

Written health and safety management systems are also needed. “These should include a documented process for identifying and managing hazards before work begins. In Mr Yates’ case, if someone had walked around the area looking for hazards it might have become clear that the terrain was not safe for an inexperienced tractor driver towing a trailer.”

Following Mr Yates’ death, the Public Trust engaged the Employers and Manufacturer’s Association to implement a health and safety management system for Mangaheia Station, and this was in place within three months of his death.

Ms de Rooy also urged farm workers to avoid illegal drugs at work. A toxicology report indicated Mr Yates had consumed a single cannabis cigarette within about four hours of his death.

ENDS
For further information contact Frances Martin on 04 915 4090 or 0274 422141.
Editor’s Note
Please note that health and safety services, formerly referred to as Occupational Safety and Health (OSH) should now be referred to as the Department of Labour.
The Public Trust is a Crown entity as defined in the Crown Organisations (Criminal Liability) Act 2002 and as such, while it may be prosecuted for an offence under s 50 of the Health and Safety in Employment Act 1992, a Court may not sentence the Public Trust to pay a fine by reason of s 8(4) of the Crown Organisations (Criminal Liability) Act 2002.  The defendant is however liable to a reparation order in terms of s12 of the Sentencing Act 2002.