Harvester death remains a mystery

A simple piece of engineering could have prevented a man from being crushed in a potato harvester, a court has been told.

No-one knows exactly how or why Fred Thorby, 74, died in the accident in Horowhenua, but his employer has admitted fault.

Easton Agriculture Ltd admitted it failed to take simple steps to keep its employees safe and has been ordered to pay reparation to Thorby’s family.

Judge Lance Rowe said in the Palmerston North District Court yesterday it was obvious just by looking at photos of the machine that the lack of a guard left workers at risk of serious injury or death.

‘‘Installing a guard was all that needed to be done. We’re talking about a simple barrier to prevent or impede access.’’

Although a fine of $330,000 would usually have been appropriate in the case, the judge decided not to impose it, for reasons that are suppressed.

However, Easton Agriculture will have to pay $25,000 reparation to each of Thorby’s three sons, and $5000 to each of his two brothers.

The company operates a potato and onion farm between the Horowhenua towns of Foxton and Shannon and Thorby worked for the firm for than 30 years before his death on August 11, 2016.

He was driving a tractor to get potatoes out of the ground and into rows before they were fed to cattle. He went out to work alone at 2.30pm, and was found only after company director Jason Easton and a farmhand noticed three hours later he had not returned.

The pair found Thorby in the harvester, which was still running.

They turned it off and, unsuccessfully, tried to free

Thorby.

Emergency services, including the fire service, were needed to free him, and he was pronounced dead at the scene.

‘‘This fatality is a sombre reminder that some of the machines we work with have the potential to kill us,’’ Worksafe spokesman Simon Humphries said after the company was sentenced.

Neither Worksafe nor defence lawyers offered an explanation as to how Thorby came to be crushed.

Investigations found the machine did not have a guard protecting workers from the moving parts – something that went against industry standards.

Thorby working alone with the unguarded harvester left him vulnerable if he suffered from fatigue, a mechanical fault or slipping over, the judge said.

Easton Agriculture did not have any written policy for working with the harvester, but did have regular meetings with staff about procedures on the farm.

There was also a bar attached to the harvester for staff to use when clearing debris from the machine. The bar was hanging from its usual spot when Thorby was found, the judge said. ‘‘We don’t know why Fred Thorby did not use it.’’