Andrew John Bucknell has been convicted and fined $157,500 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 26 May 2023, when the owner of an olive farm sustained fatal injuries after being crushed by the jaws of a harvesting machine which was inadvertently activated. Mr Bucknell was adjusting the machine at the time of the incident.
Mr Bucknell plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with his health and safety duty to other persons under section 19(2) of the Act.
The judgment against Mr Bucknell is published on the NSW Caselaw website.
Mr Bucknell has the right to appeal against his sentence.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW on 13 10 50 or through the Speak Up Save Lives website.
Business owners and workers can access a range of resources to help manage the risks of working with plant, machinery and equipment.
Quotes attributable to SafeWork Commissioner Janet Schorer:
"Risk control measures for working with moving plant and fixed machinery are well known. Being injured or killed when working with moving plant and fixed machinery are preventable hazards we see across our State and across all industries."
"Preventing injuries caused by mobile plant, vehicles or fixed machinery is an area for action in SafeWork NSW's regulatory priorities this year."
"Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents related to moving plant and fixed machinery."
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