The South Australian Employment Tribunal has convicted and fined Parilla Premium Potatoes $360,000 after the propeller of one of its planes struck an employee’s arm, causing “severe life-changing injuries”.
In September 2023, 40-year-old employee Krunal Shah was asked to board a single-engine Cessna aircraft at its worksite — flown by the company’s managing director and licensed pilot Mark Pye — to inspect a new onion processing line.
In an online judgement, the tribunal found Mr Pye started the Cessna’s engine prior to Mr Shah approaching the aircraft.
Mr Shah approached from the wrong side of the plane and began to walk around the front of the aircraft where he misjudged the diameter of the propeller blades and was “forcefully struck multiple times”, causing “catastrophic injuries”.
Mr Pye “immediately” powered down the aircraft’s engine and provided first aid whilst another employee called emergency services to get Mr Shah flown to Adelaide for emergency surgery.
The tribunal was told Mr Shah suffered “traumatic injuries” to his right arm, with multiple fractures to his forearm and hand as well as partial finger amputations.
‘Inadequate’ safety measures
Following an investigation by SafeWork SA, the company was charged with one offence under the Work Health and Safety Act for having breached its primary safety duty to workers.
Parilla Premium Potatoes is owned by the Pye Group, which employs about 400 people. (Supplied: Renee Pye)
The tribunal judgement delivered last week noted the danger zone around the propeller “was not marked out or delineated in any way on the ground”, and Mr Pye “did not tell Mr Shah that he must not walk in front of the aircraft”.
Deputy president Stephen Lieschke said the only safety control implemented by Mr Pye was a verbal instruction to Mr Shah to approach the aircraft from the rear right-hand side.
“That single instruction was foreseeably wholly inadequate if there was any possibility the propeller could be operating,” Mr Lieschke said.
Mr Lieschke noted the Mallee-based company responded to the offence by “promptly” devising and implementing new hazard controls to prevent an incident from occurring in the future.
The amendments include a passenger boarding zone within the aircraft hangar and the prohibition of hot loading, the practise of onboarding passengers while the aircraft’s engines are running.
The tribunal originally fined the company $600,000, but a 40 per cent reduction was granted due to early guilty pleas and “high levels of remorse”.Â
The maximum penalty for the offence is a fine of $1,500,000.
The company also committed to an independent audit of its current safety system.
‘Significant’ support given to employee
Mr Shah told the tribunal he had received “significant levels of personal and financial support” from his employer and the Pye family, including practical support in his early recovery phase and after he returned to employment.
Mr Shah was also given access to more training and promoted after the offence.
Mr Lieschke noted Parilla offered and provided a “high level of meaningful personal and employment support” to Mr Shah.
“Parilla did not favour self-interest over its victim’s losses, as regularly occurs even after a serious safety offence,” he said.
The company’s personal support included paying the visa and travel expenses of Mr Shah’s parents and brother from India to visit him during recovery.
It also supported Mr Shah’s brother’s goal of migration by sponsoring him as an employee.
Ms Pye stated the company and the Pye family are “extremely sorry” for what happened to Mr Shah. (ABC Rural: Eliza Berlage)
In an affidavit, general manager Renee Pye noted the business took “full accountability” and responsibility for the “safety crime”.
In a statement to the ABC, a Parilla Premium Potatoes spokesperson confirmed Mr Shah remains an employee of the company.
“The safety and well-being of all Parilla Premium Potatoes employees is paramount,” it said.
“All employees have access to safety policies and procedures via the Employment Hero App.”
More news from regional SA