Freight company and director fined $400,000 over worker injury

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A freight haulage company and its sole director have been fined a total of $400,000 (and ordered to pay $6500 in costs) over an incident in which a worker suffered serious injuries.

The Company and its Director pleaded guilty to failing to provide and maintain a safe workplace and, by that failure, causing serious harm to a worker, and were fined in the Northam Magistrates Court last week.

The Company was fined $355,000 while The Director was fined $45,000.

In April 2021, an employee of The Company was attempting to load a sea container onto a tilt truck tray by using a winch to drag the container onto the tray. He attached the container to the winch’s wire using chains and connection pieces.

When he attempted to drag the container onto the tilt tray, the chain was overloaded and failed when the sea container jammed against the end of the tilt tray. Part of the chain slung back and struck the worker, resulting in serious injuries.

At the time the worker was assigned to drive tilt tray trucks to cover for another worker, he had not received any formal training or assessment of competency from The Company.

WorkSafe Commissioner Sally North said today the case was a reminder to all employers of the importance of properly training workers.

“The Work Health and Safety legislation provides that a risk-based approach needs to be taken in WA workplaces,” Ms North said.

“All the risks present in a workplace need to be assessed and procedures put into place to minimise or eliminate those risks.

“A crucial component of this approach is to ensure that all workers are provided with training and instruction in the risks, especially when they have not previously performed the task.”

The Magistrate summarised The Company's failures as failure to identify hazards, failure to provide proper training and instruction, failure to establish safe work procedures, failure to ensure plant and equipment was appropriate and maintained and failure to ensure the use of a purpose-built drawbar.

She observed that the company was aware of the significant risk, which was demonstrated by the existence of a safe work procedure at its Newman depot that was not implemented in Perth, where the incident took place.

She also stated that The Director was responsible for the failures as the sole company director.

Detailed information and guidance on keeping workplaces safe is available on the WorkSafe website at www.worksafe.wa.gov.au.

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Source:

Freight Company and Director Fined $400,000 Over Worker Injury - WorkSafe WA, April 2nd 2025