Major Cotton Farm Faces Charges Over Fatal Backhoe Accident Involving Estonian Worker

Introduction
One of Australia’s largest cotton-farming operations, P&J Harris and Sons, is now facing prosecution by SafeWork NSW over the fatal accident of a 28-year-old farm worker in December 2022. The worker, identified as an Estonian national, died after being pinned under the cabin of a backhoe that slid into a culvert and overturned at a remote property near Carinda, New South Wales. Nineteen charges have been laid against Peter, Jane, and Jack Harris and their associated farming partnership companies for allegedly failing to comply with work health and safety duties.

This case highlights critical gaps in workplace safety within agricultural operations, especially concerning visa workers who may be vulnerable to exploitation or unsafe practices.

Details of the Incident
The tragic incident occurred when the backhoe operated by the worker slid more than two meters into a culvert, landing on its side. According to SafeWork NSW, the worker was ejected from the machine and subsequently pinned under the cabin. This catastrophic failure raises questions about whether appropriate safety measures were in place, such as rollover protection systems (ROPS) or adequate training for operating heavy machinery.

The accident happened on a remote property located approximately three hours north-west of Dubbo in western New South Wales. Police attended the scene shortly after the incident, which remains under scrutiny as the matter progresses through the NSW Industrial Court.

Legal Proceedings
SafeWork NSW has charged Peter, Jane, and Jack Harris, along with their farming partnership companies, with 19 counts related to alleged non-compliance with work health and safety regulations. These charges stem directly from the December 2022 incident involving the Estonian worker.

A brief of evidence must be served by prosecutors in May, ahead of the next court mention scheduled for June. To date, P&J Harris and Sons have not entered a plea, leaving further developments pending until the legal process unfolds.

In addition to this prosecution, SafeWork NSW is investigating a separate incident involving the drowning of a seasonal worker from Vanuatu in a storage dam on the same property on New Year’s Day 2024. While details remain limited, this second tragedy underscores broader concerns about safety protocols across the Harris family’s properties.

Concerns About Visa Worker Safety
Both incidents involve visa workers, raising alarms about potential vulnerabilities faced by foreign nationals employed in rural industries. Experts suggest these workers may feel pressured to accept substandard conditions due to fears of retaliation or losing their residency status.

The involvement of two distinct yet serious accidents within months of each other calls into question the adequacy of safety training, equipment maintenance, and supervision provided by P&J Harris and Sons. Advocates for migrant workers emphasize the need for greater regulatory oversight to protect individuals working in high-risk environments like agriculture.

Community Reaction and Broader Implications
The deaths of these workers have sparked outrage among local communities and advocacy groups focused on workplace safety. Critics argue that large-scale agricultural enterprises should set examples of best practice rather than becoming symbols of neglect.

As investigations continue, attention turns to how effectively regulators enforce safety standards in remote areas where incidents may otherwise go unnoticed. With seasonal labor playing a crucial role in Australian farming, ensuring safe working conditions becomes paramount—not only for compliance but also for maintaining trust among international workers contributing to the industry.