A Queensland-based cattle company and its director have entered into an enforceable undertaking to spend $200,000 on safety improvements after being charged over a serious crush injury that resulted in a worker’s arm being amputated.

In November 2022, a worker at Vermelha Station suffered a serious crush injury to their arm while manually positioning the fence post for a post driver to hammer into the ground.

NT WorkSafe alleged that the post-driver had been modified, removing built in safety features and the tractor, which was over 10 years old, lacked appropriate labels or marking to differentiate the functions of the various levers which were located together.

It is also alleged that the worker was not provided adequate training or instruction, and a safe system of work was not implemented on the use of the tractor and post-driver.

The enforceable undertaking has committed to:

• Engage a WHS consultancy to assist Vermelha Station and its employees over a period of two years, in addition to annual auditing of safety systems by an external WHS advisor.
• Assist with heat-related stress, fatigue and mental health by upgrading uniforms and personal protective equipment, worker accommodation quarters and communal recreation facilities at Vermelha Station.

• Develop a mobile app aimed at improving worker safety when working in remote or isolated areas.
  o Once developed, the mobile app will be shared with the NT Cattlemen’s Association (NTCA) members for use on other working stations in the Northern Territory.
• Sponsor first aid and WHS training for participants in NTCA programs.
• Sponsor and facilitate a one-day work health and safety workshop to members of the NT Vietnamese Horticultural Association and develop Vietnamese-language resource kits.
• Present at a Vietnamese business community event a presentation on the work health and safety requirements when doing business in the Northern Territory.

The Northern Territory’s WHS regulator, Peggy Cheong, said the proposed safety benefits outlined for workers and the agricultural industry were a key factor in accepting the enforceable undertaking.

“Over the past few years, NT WorkSafe published statistics showing farm hands are the main occupation being seriously injured in the Northern Territory,” she said.

“While a fine from a successful prosecution is a deterrent for companies not to break the work health and safety laws, the money paid is not reinvested back into the industry to improve safety.

“The value of the strategies would be higher than a fine in a successful prosecution and I hope the strategies proposed are met and deliver the intended safety benefits to the workers in the NT’s agriculture industry.”

She said the charges against Vermelha and company director Hoang Diep Nguyen have been withdrawn but can be reinstated if the enforceable undertaking is contravened or not fulfilled in its entirety.

Lindsay Clive Elliott, the Manager of Vermelha Station, was also charged over the incident, and his case is still before the courts.