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Court Summary - at a glance
- Conduct a risk assessment of the farm site and the tasks carried out on it, including the task of feeding out with a tractor and silage on sloping terrain.
- Record the identified risks within a risk register.
- Ensure that the use of the silage trailer for feeding out was within the capabilities of the tractor.
- Identify safe work procedures for each task together with effective control measures that eliminated or minimised the identified risks, including the procedure relating to the safe loading and operation of the tractor and silage trailer on sloping terrain.
- Make a record of those safe work procedures and control measures.
- Ensure that its workers were properly inducted by way of an induction process to the farm and thereby informed of all applicable safe work procedures and identified risks and control measures including the safe loading and operation of the tractor and silage trailer on sloping terrain.
- Keep a record of the induction for each of its workers.
- Ensure that an appropriately qualified person (namely a qualified engineer) was engaged to certify, monitor and maintain the Roll Over Protection System on the tractor to ensure that it complied with the applicable code of practice.
$43,974.24 for consequential loss (ACC shortfall).
$4,220.43 for consequential loss (funeral costs not covered by ACC).