A Victorian County court this week fined P&O Ports Ltd AUD500,000 (USD369,800) after a worker fell more than eight metres into the hold of a ship and died.
According to WorkSafe Victoria, the fine was the second biggest imposed in Victoria for occupational health and safety offences. Esso Australia Pty Ltd was fined AUD2 million (USD1.48 million) over the Longford gas plant explosion in 1998.
Jeff Gray, 45, a father of three, suffered serious head injuries and died at Appleton Dock, Footscray, after a 20-foot container struck him and knocked him into the hold of the MV Kiribati Chief in June 2003.
P&O pleaded guilty to two charges laid under the Victorian Occupational Health & Safety Act 1985.
WorkSafe executive director John Merritt said P&O had no excuses.
"As the judge said, 'a man is dead'. There is no point having procedures if they are not explained and enforced," he said.
"What we find frequently is that safety improvements are often only made after a tragedy like this one strikes. As in this case, most risks are already known, but if action is not taken the effects can be disastrous and far-reaching.
"[Our] message is simple: Learn from others' mistakes. Identify risks and fix them."
The court was told WorkSafe investigators found several safety failings after the incident.
- P&O had written policies and procedures that identified the risk of crushing and falling during loading. Management or company supervisors failed to enforce them.
- Employees did not receive adequate instruction to ensure measures controlling fall and crushing risks were in place when containers were loaded.
- Gray risked being crushed as the layout of containers on the ship's deck meant he was standing on a 300-400mm wide ledge near the stacked containers.
- No safety barriers were placed around the open cargo hold. No workers wore harnesses to prevent a fall into the ship's hull.
- P&O had ignored concerns about safety issues by elected health and safety representatives on several occasions.
- No meeting was held on the day of the incident to discuss how work was to be performed. WorkSafe found meetings were rarely held.
P&O Ports Ltd employs about 3,500 people and operates in 28 Australian ports. P&O told the court it pleaded guilty early, had made safety improvements after the incident, its officers were remorseful and it had financially helped Gray's family.