JBS Australia found guilty after hay bale accident at Caroona Feedlot

JBS Australia was found guilty in the NSW District Court of failing to comply with its health and safety duty, which exposed a female employee to a risk of death or serious injury, after an incident at the Caroona Feedlot, near Quirindi, in 2020.

The court heard the employee, who had been working at the feedlot since 2009, was moisture testing hay bales when two bales, each weighing about 700kg, fell on top of her, trapped her, and resulted in serious injuries.

The hay supplier arrived at the feedlot about 7pm on February 18, 2020, and the next morning the female employee was asked to help with moisture testing.

The employee noticed a stack of two bales which hadn't been tested, which were placed next to a partially constructed stack.

She approached the two bales and tested them.

Two bales fell from the partially constructed stack and landed on top of the employee. Emergency services were called, and SafeWork NSW inspectors attended the site.

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During the court proceedings, lawyers for JBS Australia pressed the woman on whether or not she knew it was unsafe to moisture test bales in the face of a nearby stack.

She accepted during cross-examination that in "hindsight" she had made a mistake and agreed she didn't act in accordance with safety procedures.

The court heard staff members did not have to prove they were competent to carry out moisture testing, but were trained through a buddy system.

Judge Andrew Scotting rejected the defence submission.

"I find that [the employee] had been trained to moisture test bales in accordance with the general practice, which did not involve testing bales at the face of a stack," Judge Scotting said.

"However, that was not the same as instructing her not to test bales at the face because it was dangerous to do so."

He said the employee was unaware of the safety measures the loader operators were required to take when unloading bales from trucks and stacking hay.

"It was reasonable for her to believe that that they were complying with those measures," Judge Scotting said.

During the hearing, the court heard evidence from multiple employees about the process of stacking they hay, moisture testing, and the events which unfolded in the lead up to the incident.

Judge Scotting said the employee who placed the bales near the partially constructed stack put them in a dangerous position.

He said he was satisfied beyond reasonable doubt JBS Australia failed to comply with its health and safety duty, and that failure exposed the woman to a risk of death or serious injury.

Judge Scotting said JBS Australia had failed to undertake adequate risk assessments on the tasks of unloading hay bales, moisture testing hay bales, and stacking hay bales.

He found they had also failed to develop, implement, and enforce a safe work procedure for moisture testing.

Judge Scotting said the female employee's on-the-job training for moisture testing was inadequate.

"I have rejected the proposition that [the employee] made a deliberate decision to test the bales in a manner that she knew to be unsafe or that was contrary to her training," Judge Scotting said.

"I have found that when presented with a novel situation, that she had not been properly trained.

"[The employee] proceeded with the task she had been given without comprehending the danger that she was in."

The court heard she had suffered a head injury, which involved ongoing headaches and symptoms of post traumatic stress disorder.

Judge Scotting found JBS Australia guilty of the charge, and adjourned the matter for sentencing.

Since the incident, JBS Australia has reviewed the systems of work for hay stacking and moisture testing, and developed documented procedures and training programs for both tasks.

SafeWork NSW prosecuted the case.

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