NSW Farm Owner Fined $21,000 Over Unsafe Use of Grain Auger

A New South Wales farm owner, Ms Mary Gladys Coates, has been convicted and fined $21,000 in the Industrial Court of NSW following a prosecution brought by SafeWork NSW.

The case arose from a 28 July 2023 inspection at Ms Coates' Southgate farming business, where a grain "pencil" auger was found in use without appropriate safety mechanisms, including guarding, in place. The auger was operating as plant without adequate risk controls to protect workers from entanglement and other serious hazards.

Ms Coates pleaded guilty to an offence under section 33 of the Work Health and Safety Act 2011 for failing to comply with her primary duty of care to workers under section 19(1). This duty requires a person conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers while they are at work.

In addition to the monetary penalty, the Court imposed an adverse publicity order. Ms Coates was required to publish a public notice in The Land newspaper, outlining the incident, the identified WHS failures and the outcome of the Court proceedings.

The judgment in SafeWork NSW v Coates is available on the NSW Caselaw website. Ms Coates retains the right to appeal the sentence.

This matter reinforces the need for agricultural and rural businesses to implement and maintain robust WHS management systems, including documented procedures for the safe use of plant and equipment, and to ensure that guarding and other engineering controls are in place and effective. Formal Safe Work Method Statements (SWMS) for high-risk tasks can assist in identifying hazards and setting out the control measures required to operate machinery safely. Suitable SWMS templates and tools are available from specialist providers such as Bluesafe.

SafeWork NSW Commissioner Janet Schorer emphasised that risk control measures for moving plant and fixed machinery are well established and widely known. She noted that injuries associated with fixed machinery remain a preventable and recurring hazard across industries and locations in NSW.

Commissioner Schorer also highlighted that reducing injuries from mobile plant, vehicles and fixed machinery is a key focus area in SafeWork NSW's current regulatory priorities. She stressed that identifying hazards, assessing risks and implementing safe systems of work are critical steps to preventing incidents and ensuring compliance with WHS duties.

Workers with concerns about workplace health and safety can contact SafeWork NSW anonymously on 13 10 50 or lodge a report through the Speak Up Save Lives online platform. Business owners and workers can also access guidance materials, codes of practice and tools for managing plant and machinery risks via the SafeWork NSW website.

For businesses seeking to strengthen their WHS framework beyond minimum legal requirements, adopting comprehensive WHS policies, procedures and documented systems can support compliance and help demonstrate due diligence. Resources for developing and implementing such documentation are available from providers including Bluesafe, which offers WHS policies and procedures tailored to a range of industries.