Company fined over fatal crash caused by fertiliser dust

September 7, 2022
A file image of a judge in a courtroom.

A Bay of Plenty company has been fined over a fatal multi-vehicle crash caused by the spreading of lime dust fertiliser.

Wealleans Bay of Plenty Limited was spreading lime at a dairy farm on February 5, 2020 when the cloud drifted across the Tauranga Eastern Link Road in the wind.

According to a WorkSafe release on Wednesday, Susan Walmsley’s vehicle was engulfed in the lime dust, which reduced visibility to near-zero, before colliding with a car in front of her, and then being struck from behind during the crash.

The 64-year-old died days after the crash in hospital.

"Mrs Walmsley was a treasured wife and mother, as well as a beloved teacher, and our thoughts are with all those who continue to mourn her loss. This was a preventable tragedy, and more should have been done to account for the risk to road users," WorkSafe area investigation manager Paul West said.

Wealleans was sentenced in Tauranga District Court on Wednesday after previously being found guilty in June this year.

According to WorkSafe, a $360,000 fine was imposed, along with emotional harm reparations of $210,000 and consequential loss reparations of $88,649.

It comes after a WorkSafe investigation initially found Wealleans "failed to undertake an appropriate risk assessment and did not implement a safe system of work for spreading fertiliser on the farm – exposing other people to serious injury and death".

"It’s only by luck that there were no further fatalities on the motorway that day. Although the circumstances are uniquely sad, this incident could have happened anywhere in the country so the agriculture sector more widely should take notice," said West.

The maximum penalty the company could have been fined was $1.5 million.

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