Ron Frew Family Partnership Limited

Agriculture

9 February 2017

The defendant operates a horticulture business growing potatoes and carrots. On the day of the incident, the victim was working with five others on a potato paddock, harvesting potatoes. There was a loud screeching noise emanating from the harvester. The tractor driver cut down the revs, but left the power take off (PTO) engaged, which kept the harvester running, before going to investigate the rear of the potato harvester.

The victim was standing on the working platform, 420 mm above the nip point of the rollers, using his foot to direct the tractor driver to where the noise was coming from. Suddenly his foot got pulled into the converging rollers of the harvester and his left leg became trapped.

The victim was trapped in the machinery for approximately 20 minutes before being freed. He was transported to hospital where it was established he had fractured both the tibia and fibula (requiring surgery including the use of a plate and multiple screws along with muscle and skin grafts from his thigh and hip area). Since the accident, the victim has required significant medical intervention, including hospitalisation for a serious infection, bone grafts in and further surgery.

Sections 48(1) and (2)(c) and 36(1)(a) of the Health and Safety at Work Act 2015

Ohakune - District Court

Guilty

Convicted

$157,500

$1,500,000

$40,000 for emotional harm and $6,000 for consequential loss