Earlier this month, Toll Transport Pty Ltd was convicted and fined $1 million over the death of an employee who was crushed to death while helping load the Tasmanian Achiever at Webb Dock in 2014. The shipping operator pleaded guilty in the Melbourne County Court to one charge under section 21 of the 2004 OHS Act in that it failed to maintain a safe system of work.

The court heard that the company operated a shipping service between Webb Dock in Port Melbourne and Burnie in Tasmania using two ships, the Tasmanian Achiever and the Victorian Alliance.

When loading and unloading ships Toll used a roll on, roll off procedure. This process involves shipping containers being placed onto low flat trailers called MAFIs which are capable of carrying up to 4 x 20 foot shipping containers. When fully loaded, a MAFI can weigh up to 90 tonnes. 

In this instance, a 42-year-old stevedore was working on the deck of the Tasmanian Achiever placing rubber mats for the MAFIs to rest on during transit. He was wearing a high visibility vest and using earplugs. As he worked, a MAFI was pushed up the ramp and positioned by a prime mover operated by a driver. However, the driver did not see the stevedore and ran over him, crushing him under the wheels.

The court heard that Toll had a number of procedures in place to ensure the safety of employees during the moving of MAFIs on to the ships. However, WorkSafe’s investigation found that these were inadequate.

In particular a key component of Tolls safety procedures identified that a fellow stevedore be positioned on the deck to assist with moving mats, directing the prime movers and watching for pedestrians. Evidently, there was no stevedore in said position at the time of the incident.

The injured worker had his left leg amputated by the MAFI and suffered other severe injuries. Colleagues used a forklift to lift the MAFI off him but he died at the scene. 

The $1 million fine is the largest ever handed down by a court in Victoria for a single offence under occupational health and safety laws. 

Don’t risk non-compliance. Contact ISOsafe today to avoid penalties and heavy court costs, call us on: 1300 789 132 or email us at: enquiries@isosafe.com.au.