A farm operator in New South Wales has been found guilty for failing to provide a safe work environment following the death of a contractor during a dingo chase.
Charges were filed against the operator after SafeWork NSW claimed the victim has been exposed to the risk of death or injury by not requiring him to wear a helmet. The defendant argued that at the time of the incident, the victim diverted from mustering sheep to chasing and killing a dingo and that it was not part of mustering work.
The also said wearing a helmet while mustering wasn’t reasonably practicable. They also said the victim was riding dangerously for his own enjoyment.
Judge Scotting, however, said he was not much convinced the victim had been “on frolic of his own” by speeding up to 80kph and hitting the mound to perform a jump for the purpose of enjoyment.
He also was not convinced that it was impractical to wear helmets when mustering and found the defendant failed to require the worker to wear a helmet or give him enough information to make an informed choice to wear a helmet.
The matter will return to court for sentencing soon.
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