Cutri Fruit has been fined $750,000 for unsafe work practices. (ABC Mildura-Swan Hill: Francesco Salvo)
In short:
A large stone fruit producer in northern Victoria has been fined for failing to ensure employees were not exposed to safety risks, following the death of a fruit picker in 2022.
The 70-year-old Afghan national died after falling from a moving trailer.
What’s next?
Cutri Fruit will have to pay a $750,000 fine.
A fruit grower has been fined $750,000 after a 70-year-old labour hire worker died after a fall from a moving trailer.
Stone fruit grower Cutri Fruit Pty Ltd, based near Swan Hill in northern Victoria, pleaded guilty in the Mildura County Court to failing to ensure persons other than employees were not exposed to health and safety risks.
The man, an Afghan national, died in January 2022 while working his second shift at the company.
Swan Hill and surrounds is a large stone fruit growing region. (ABC Rural: Hamish Cole)
The court heard he suffered critical head injuries when he and another worker fell from a moving trailer at the intersection of North South Road and Reserve Road at Woorinen South.
The man died later the same day in hospital.
The second worker was not injured.
WorkSafe investigation
The court heard the trailer was being towed by a tractor on public roads between farm sites.
The trailer was designed to carry large fruits bin and featured portable platforms where pickers could drop their fruit into the bins.
However, it was not designed to carry workers while moving.
WorkSafe’s investigation found that four workers were riding on trailers on the day the 70-year-old man died.
The prosecution argued this practice opened up employees to risk and it should have been eliminated.
In addition, the prosecution argued that it would have been reasonable for the operator of the tractor to remove these portable platforms.
Cutri Fruit is a large supplier of stone fruit, including to major supermarkets. (ABC Radio Melbourne: Samantha Stayner)
During the investigation, WorkSafe found the company’s orchard manager and director had warned against the practice in WhatsApp messages to staff.
“This is incredibly dangerous and completely avoidable. Staff can drive to the blocks in their cars,” Cutri Fruit director Gaethan Cutri told staff, according to documents submitted to the court.
WorkSafe executive director health and safety Sam Jenkin said it was “frustrating and heartbreaking” that a man had died “in a workplace incident that could easily have been avoided if safe work practices had been implemented and properly communicated”.
“Riding around on any type of machinery or equipment that isn’t designed to carry people is incredibly dangerous and should never be part of anyone’s work,” Mr Jenkin said.
The company pleaded guilty at an early stage.
