RISK management is second nature to farmers. We mitigate risks every day; we slash fire breaks to prevent or contain fires, we vaccinate our stock to avoid disease, we fix the boundary fence to prevent stock getting on the road. 

Most risks we reduce help to increase profitability and security within our business; yet there is one area of risk that isn’t often given enough time and energy.

Farm safety is a topic that is often overlooked; put on the backburner to worry about ‘later’. Yet it’s a critical area where reducing the risks can be make or break for many businesses. 

As of July 1, 2020, the stakes were increased even further when it comes to farm safety, with Workplace Manslaughter legislation coming into effect in Victoria.

Farm owners and employers who owe a duty to ensure the health and safety of another person in the workplace can be charged with Workplace Manslaughter. The crime carries penalties which include fines of up to $16.5 million and a possible jail term of up to 25 years.

In late 2022 the first charges were laid in Victoria under this new legislation. A stonemasonry business director was charged after failing to provide a safe workplace, which lead to the death of an employee who was crushed by a forklift. He is yet to be sentenced, but could face up to 25 years in prison. 

There are some aspects to this legislation that have serious implications for farmers. Despite submissions by farmer representative groups, family farms and small businesses are not exempt. Liability extends to anyone with decision making power; sole traders, partners, and directors of companies.  

Another aspect of the laws is that the victim does not necessarily have to be an employee, they can be any member of the public. This has implications for many, as we know farms often play host to a wide range of visitors, which we as farmers now have a whole new level of responsibility for.

Together with maintaining a safe environment, having a formal, recorded induction process for new employees and providing clear safety guidelines is the most basic way to reduce your liability as a business owner. 

In the event of a farm accident, there are really three main processes a farmer may have to deal with. Firstly, there will be a Worksafe investigation. Worksafe are not the enemy in this regard; they will fairly assess the situation.

An employer has an obligation to report an injury requiring medical attention to WorkSafe as soon as practical after the incident has occurred. An inspector will generally attend the farm and speak with all parties involved to get a clear picture of what has happened.

At this point they will look into what steps the employer took to prevent the accident; was the equipment or environment well maintained? Was the employee adequately trained and supervised? Being able to show the inspector your written maintenance records, safety procedures and induction process at this point it key.   

They may either decide it was simply an accident with no fault on the part of either the employee or employer, in which case generally all that follows is a Workcover claim to cover any expenses and lost wages for the injured employee, if required. 

On the other hand, if the employer is found to have been at fault, Worksafe can issue improvement notices and fines. If the employer has failed in their duties so significantly that they have been found negligent, then they may also be prosecuted under the Workplace Manslaughter laws.  

The Workcover scheme does not cover all of an employer’s liability. WorkCover pays most of the employees medical and wage expenses and provides some compensation in the event of serious injury.

However, if a business owner’s negligence led to the injury of an employee, the employee can still pursue the business owner in court; for example, sue them. It is these civil cases that can cost a business owner millions of dollars, and potentially their livelihood.

It is negligence that is also required to be proved in the case of workplace manslaughter charges being laid, so the stakes of getting farm safety right have never been higher.

Anything is better than nothing, with regards to farm safety. Whilst it isn’t realistic for most people to spend hours endlessly putting together a comprehensive safety system from the outset, getting the basics in place is time very well spent. It could be the difference between being negligent and not.

A first step is to work out the most critical danger areas on your farm, and put standard operating procedures and policies in place. For example, quad bikes are a clear hazard and a lot of the serious injuries that happen on farm are from their incorrect operation.

Dairy Australia has put together a Farm Safety Manual, with policy and standard operating procedure (SOP) for quad and motorbike operation (among many other topics), which you can download off their website at https://thepeopleindairy.org.au/farm-safety/manual/ and can be tailored to suit your situation. Once you have put together the SOP, you can then also use this as part of your induction process for new staff.

OH&S is one of those things we often put on the backburner, but a few hours each month spent putting some processes in place could pay big dividends in the event of an accident.