Record WHS fine against shipping company  

14 Dec 2016 

Toll Transport Pty Ltd (Toll) has been fined a record $1m for contraventions of the Occupational Health and Safety Act 2004 (Vic) (Act). This fine was imposed even though the company entered an early plea of guilty is entered.  

Toll operates a commercial shipping service between Webb Dock in Port Melbourne and Burnie in Tasmania. On 20 May 2014, an employee performing stevedoring duties for Toll was killed while working at the Port Melbourne site. The incident occurred during the loading process on the deck of a ship. The deceased was crushed by a trailer carrying 20 foot shipping containers, weighing up to 90 tonnes, being pushed by a prime mover on the deck where he was working. The vision of the driver of the prime mover was restricted and he was unable to see the deceased working in front of him. 

Toll pleaded guilty to one charge under section 21(1) and section 21(2)(a) of the Act, namely, that it failed to provide and maintain a safe system of work in relation to the loading of the deck. 

In examining the level of fine to be imposed, Judge Cannon took into account Toll's early plea of guilty, evidence of remorse and significant community contributions. However, the Judge placed significant weight on specific deterrence in sentencing Toll. Two factors weighed heavily against Toll. Firstly, Toll had a significant history of prior contraventions of health and safety legislation Australia-wide. Secondly, the Judge found that having regard to that history and also its operations at other ports, Toll was on notice as to the risks involved in the work being performed. 

In an attempt to limit the extent of any fine, Toll made submissions about the steps it had taken after the incident to ensure safety, and the costs of taking those steps. Among other things, Toll made improvements to its system of work for loading and unloading including: 

• installing video cameras monitored by deck officers, who are then in radio contact with prime mover drivers; 
• installing radar speed detectors to ensure that the prime movers travel at a prescribed speed limit; and 
• enhancements to its traffic management procedures to include explicit instructions regarding where stevedores are positioned, their roles and the circumstances in which vehicles do not proceed onto the deck. This was in contrast with a system permitting freer movement of personnel. 

In relation to these matters, Judge Cannon said:- 

 “ I accept that the defendant company has gone to a good deal of time and expense since Mr Attard’s death, which is a matter that counts in its favour. On the other hand, it seems to me that the measures are fairly simple, logical and could not be said to be prohibitively expensive, which begs the question as to why such steps had not been taken before Mr Attard’s death. The risk had been well and truly identified, and although some reviews had been conducted, it seems to me that there was a distinct lack of rigour and investment put into minimising the high risk materialising. Such measures should have put in place long before Mr Attard’s death in view of the high level of risk the company knew its workers faced on a daily basis. The remedial measures also serve to highlight the degree to which the defendant fell short of its duty to provide and maintain a safe working environment so far as was reasonably practicable”.