Two companies charged after fatal trailer fall

WorkSafe has charged a Woorinen South fruit grower and a Swan Hill labour hire company after a worker died following a fall from a moving trailer.


Cutri Fruit Pty Ltd faces five charges under section 23(1) of the Occupational Health and Safety Act for failing to ensure, as far as reasonably practicable, persons other than employees were not exposed to health and safety risks.

AH Vision Pty Ltd faces a single charge under section 21(1) of the OHS Act for failing to provide and maintain a safe workplace and a single charge under section 9(2) of the OHS Act for failing to provide WorkSafe with required information and documents.

The charges relate to the death of a 70-year-old worker who suffered fatal head injuries when he fell from a trailer being towed by a tractor between two farms in January 2022.

WorkSafe alleges Cutri Fruit failed to provide a safe system of work; failed to provide or maintain safe plant; and failed to provide workers with necessary information, instruction and/or training.

It is also alleged the company breached regulations 98(2)(c) and 98(3) of the OHS Regulations for failing to use engineering and administrative controls to reduce the risk associated with plant.

WorkSafe alleges AH Vision Pty Ltd breached section 21(2)(e) of the OHS Act by failing to provide employees with necessary information, instruction and training.

The matter is listed for a filing hearing at Swan Hill Magistrates' Court on 24 January 2024.