A $150,000 fine was imposed on a Queensland cattle farming company earlier this month in relation to the tragic death of a hay bale business owner/operator.

The farming company owned and used a telehandler to unload the hay bales it received from the owner/operator supplier.

In 2022, two deliveries were made for 53 hay bales, with each hay bale weighing approximately 418 kilograms. The first delivery was successfully made. For the second delivery, there were no discussions between the supplier owner/operator and the farm worker who was operating the telehandler about how the work would be performed, including any discussion regarding exclusion zones. At some point during the task, the owner/operator moved to the rear of the trailer to roll up strapping.

After unloading some hay bales from the front of the trailer, the farm worker called out to the owner/operator and received no response. He found the owner/operator on the opposite side of the trailer on the ground, with one hay bale on his chest and head. The farm worker used the telehandler to remove the hay bale. The owner/operator was unconscious but breathing. Immediate assistance was called for and, although the owner/operator received extensive medical treatment for his injuries, he died several months later.

In hearing the plea of guilty by the farming company, the Court considered that the risk of being crushed from a falling hay bale was both obvious and foreseeable, and that there were simple, inexpensive steps available to reduce the risk.

The Court considered the financial circumstances of the company, noting that it was small, it made losses the previous 2 years, and any fine imposed would be a significant burden.

The Court imposed a penalty of $150,000 and exercised discretion not to record a conviction.