A fine of $40,000 has been handed to Toll Transport after a forklift a worker was operating went into the Burnie harbour.
The company was convicted and sentenced in the Burnie Magistrates Court on Wednesday for failing to comply with workplace health and safety rules.
The incident occurred on December 1, 2020, as workers attempted to operate the loading ramp of a Toll-owned cargo ship that had broken three days earlier.
Unable to operate the ramp normally, the crew tried an alternative process, previously successful in Melbourne, which involved using a forklift truck to guide the ramp as it was lowered to the wharf.
As the forklift operator was attempting to guide the ship’s ramp, the 36-tonne machine slipped and fell into the harbour.
The operator managed to jump out of the cab as the forklift went over the edge and was unharmed.
A subsequent investigation identified Toll had failed to take reasonable steps to ensure the health and safety of the worker, including conducting a risk assessment, chocking the forklift’s front wheels and using a mobile crane instead.
The company also failed to provide the worker with a personal flotation device.
Work Health and Safety Regulator Sam Thompson said the incident could have resulted in serious injuries or even death.
“This prosecution shows that WorkSafe Tasmania takes all incidents seriously, even those where no one is harmed,” he said.
“In this incident, the potential for the forklift driver to be injured or even killed was significant.”
Thompson said that workplaces must complete risk assessments and implement control measures specific to each task.
“That includes ensuring workers are trained and consulted with, especially when doing tasks that are new to them It is not enough to just rely on ‘how it’s been done before’,” he said.
