Toll Transport handed down $1 Million in fines after death of stevedore

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.

Posted on January 22, 2017 by ISOsafe Team and tagged workplace death workplace safety\ stevedore death toll transport safety stevedore safety mafi safety transport prime mover safety ohs injury WHS injury whs non compliant whs fine whs penalty ohs penalty australia ohs laws oh&s laws australia safety and health australia safety forklift occupational health and safety procesuction oh&s oh and s melbourne county court ohs act 2004 ohs act australia webb dock incident shipping service shipping service ohs shipping WHS tasmanian archiever.

What not to do when an OHS Inspector visits

A recent decision made by the Industrial Court acts as a strong deterrent to anyone using intimidating or improper behaviour to hinder SafeWork work health and safety (WHS) inspectors, whilst executing their regulatory duties.

The Industrial Court convicted a Gepps Cross based businessman under section 190 of the Work Health and Safety Act 2012 (SA) for attempting to intimidate a SafeWork SA inspector, imposing a fine of $5 000 plus court costs.

On 4 June 2015 the business owner used offensive and aggressive behaviour towards a SafeWork SA inspector who was visiting his earthmoving equipment maintenance and service business premises in response to a reported complaint about a number of matters including unguarded plant, workplace overcrowding and a lack of work health and safety induction.

When considering the question of a conviction, Presiding Magistrate Lieschke stated that the inspector's position and role when visiting the defendant's business was comparable to that of a police officer, and the court should not afford any lesser level of disapproval of offensive behaviour towards a WHS inspector.

“She (the inspector) was acting as a public officer, conducting her duty to assist in maintaining compliance standards of workplace health and safety in furtherance of the public interest of avoiding, wherever reasonably practicable, personal injury to employees and others who may be impacted by a business's operations,” said Magistrate Lieschke.

“This is the very important context of the inspector's activities. Intimidating such a public officer performing this important work is not acceptable … by anybody,” Magistrate Lieschke said.
SafeWork SA confirms that the inspector was following procedure, and reminds business owners not to view work health safety compliance as an intrusion or something that can be opposed or dismissed.

“The inspector was investigating a complaint and protecting the identity of the complainant and should not have been the subject of aggressive or offensive behaviour,” said SafeWork SA Executive Director, Ms Marie Boland.

“Our inspectors play a very important role in ensuring the health and safety of workers; they are performing a significant public service, and in this case a number of Prohibition and Improvement Notices were subsequently issued to the business owner,” Ms Marie Boland said.

Anyone can report a matter of concern by calling SafeWork – staff, visitors, contractors and the general public. Don’t take the risk; the maximum penalty for this offence is a two-year term of imprisonment plus a $50 000 fine. Contact ISOsafe today to avoid penalties and heavy court costs, call us on: 1300 789 132 or email us at: enquiries@isosafe.com.au

Posted on January 18, 2017 by ISOsafe Team and tagged ohs inspector oh&s inspector whs inspector what to do when an inspector visits what to do when ohs is coming workplace safety inspectors inspector intimidated ohs inspector fines fined by whs inspector what to do when inspector issues PIN PIN provisional improvement notice health and safety inspector what to do when a health and safety inspector visits my workplace inspector a health and safety inspector came to my workplace job safety and role of a health and safety inspector health and safety inspectors.

Fatigue Management: Court awards $1.25M to Queensland coal miner after crash on drive home

A Queensland coal miner has been awarded more than $1 million in damages in a case that has been tipped to change the way mining corporations deal with fatigue in the workplace

The worker suffered brain damage as a result of the crash and has no recollection of the accident or events leading up to it, according to supreme court files

In a judgement handed down by the court, the mining business enterprise BHP Mitsubishi Alliance (BMA), contractor HMP and the labour lease agency Axial did not do enough to manage the workers fatigue

Throughout the hearing, defence legal professionals argued the worker was partly responsible for the crash

The defence lawyers said BMA provided accommodation on the mine site for employees to rest after a 12-hour shift

But the court heard the worker had made the decision to go home, irrespective of how he felt

The worker's barrister stated his client might not have been privy to the extent of his fatigue

The court awarded the overall claim of $1.25 million

"Perhaps many people would be wary of attempting a five-hour drive after completing a fourth consecutive 12-hour night shift. But the statistics … support that this was commonplace among mine workers," the magistrate said in a Supreme Court of Queensland document

"The 2008 study showed that 81 per cent of mine workers drove alone in their cars after finishing their roster"

In the course of the civil trial in July, professor Drew Dawson from CQ University gave evidence about the difficulties for mining companies in drawing up regulations to control fatigue-related crashes

Professor Dawson told the court that since a parliamentary inquiry in 2001, mining companies had attempted to codify and regulate solutions

But he said those rules would often not take into account real-life situations and the latest scientific knowledge

After court, CFMEU Mining and Energy Division president Steve Smyth described the case as a "landmark decision" which could change the way mining companies manage fatigue

"The mines have been having incidents when workers have dozed off, micro-sleeps, but this is a landmark decision because the Supreme Court's actually made a decision and ruled on it and it's going to have the ripple effect and other effects through the industry now," he said

"Industry is going to have to get their heads together and work out how they deal with it, not give it lip service, but give it the appropriate vigilance it requires to get it right"

If you are concerned about fatigue in your workplace contact ISOsafe today on 1300 789 132 to learn more about how we can protect your business. ISOsafe look after employers and business owners - dont risk non-compliance

Posted on January 6, 2017 by ISOsafe Team and tagged fatigue nhvl hvnl fatigue management manage fatigue dangers of fatigue how can i plan for fatigue fatigue in the workplace tired eyes tiredness tired workers drowzy workers how to deal with fatigue fatigue issues workplace fatigue safety and fatigue fatigue laws heavy vehicle laws safety laws driving home law driving home safely traveliing for work travelling for work work drive fatigue travel fatigue oh&s and fatigue fatigue ohs safety health fatigue microsleep micro-sleep court case fatigue.

How to achieve Zerite Lite (formerly SAFcomm) Compliance quickly and easily

Looking for ‎Zerite Lite (formerly SAFcomm) Contractor OHS/WHS Prequalification? - Find everything you need here

We have all the answers when it comes to Zerite Lite accreditation. Call us 1300 789 132

ISOsafe understand Zerite Lite certification can be time consuming and sometimes confusing. We make it easy by doing all the work for you

We will prepare and submit all paperwork to Zerite Lite on your behalf, leaving you to focus on what you do best – running your business

Zerite Lite is a web based OHS/WHS prequalification system, developed so that your business can demonstrate health and safety capabilities to current and potential clients

How does it work:
✓ Our specialists will collect all the necessary information for completion of SAFcomm certification
✓ We complete all questions
✓ We build & upload all safety manuals
✓ We monitor your account and questionnaire to ensure 100% compliance
✓ We guarantee fast submission
✓ We offer worry-free annual maintenance plans
✓ We deliver both print & digital documents for your convenience
✓ Zerite Lite will advise of completion

Our customers have 100% Zerite Lite compliance success

Don’t get left behind. We do all the work saving you time and money. Call the experts today on 1300 789 132 to get a free quote, in five minutes

** SAFcomm/Zerite Lite supplier qualification & management assistance

Posted on December 20, 2016 by ISOsafe Team.