Following the conviction of Toll Transport for an incident where a 36 tonne forklift fell into the sea and exposed the operator to a present risk of drowning, businesses are being reminded to conduct current, detailed and task specific risk assessment and to actually implement identified controls, or else face penalties.
The Tasmanian WHS Regulator highlighted that, in addition to conducting general risk assessments, onsite task-specific risk assessments must be undertaken and must include and reflect “consideration of all work environment factors”, highlighting that the role of the risk assessment is to identify and mitigate the risks associated with the work being done at that time in that place. The risk assessment exists not just to enumerate the process of work in an ‘ideal’ work environment setting that is disconnected from the reality of the day, time and particular environment the work is being done in at the time.
Case Review
In this particular case a worker was using the forklift to lower the loading ramp of a cargo ship. This action was unusual as the ramp was usually lowered via a cable, but the cable had been broken and the forklift was being used as a ‘workaround’ that had been used in the ships last port of call.
The forklift plummeted from the ramp to the sea as the operator jumped to safety.
Toll was charged with and pleaded guilty to breaching sections 21 (“Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces”) and 32 (“Failure to comply with health and safety duty Category 2”) of the State Work Health and Safety Act 2012, following a WorkSafe Tasmania investigation.
Magistrate Leanne Topfler heard Toll should have conducted a risk assessment that considered using alternative equipment to lower the ship’s ramp, and either chocked the front wheels of the forklift or used more appropriate plant.
It also should have ensured the forklift operator was wearing a flotation device, she heard.
These steps proved to be reasonably practicable, with a risk assessment conducted immediately after the incident resulting in the implementation of a safe work method that eliminated the relevant hazards and risks, the Magistrate found.
This method involved using a crane, and eliminated the need for workers to move near the ship’s ramp or the water’s edge until it was safe to do so, the Magistrate heard.
The Magistrate fined Toll $40,000, finding its contravention was “not a flagrant breach of the legislation and the company complied with all subsequent statutory notices and co-operated with the taking of statements”.
She heard that prior to the incident, Toll had a clear requirement for employees to wear flotation devices in the area of the incident, but this was “not ensured” on the relevant occasion.
Here to Help
Safety Highlights are things to consider, implement and watch out for in your business. They are provided as general information for you to consider and do not constitute advice. You should seek further advice on your situation by contacting your legal advisor. ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au , it is free for members. ACAPMA Membership delivers this and more benefits, see; https://acapma.com.au/membership/ for more information.
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