Prosecution Details

Being an employer, did not as far as was practicable provide and maintain a working environment in which its employees were not exposed to hazards and by that contravention caused serious harm to an employee, contrary to sections 19(1) and 19A(2) of the Occupational Safety and Health Act 1984 (WA).

On 13 April 2021, in the course of his employment with RGR Road Haulage Pty Ltd (RGR), a young employee (the victim) was attempting to load a sea container onto a tilt tray truck by using a winch to drag the container onto the tray. He attached the container to the winch’s wire rope using 10mm chains and connection pieces colloquially referred to as ‘pig ears’. He then attempted to drag the container onto the tray of the truck. During this process, the chain was overloaded and failed when the sea container jammed against the end of the tilt tray. The release of force caused part of the chain sling to strike the victim in the groin resulting in a serious injury including the loss of a testicle.

It was the victim’s second attempt at loading a sea container onto the tilt tray truck. Prior to the incident, he had driven rigid body and flatbed trucks for RGR after receiving his Heavy Rigid licence (HR Licence) in December the previous year. However, he had little experience driving or loading the tilt tray truck.

In the weeks before the incident, the victim was advised by RGR’s Operations Manager that he was to accompany a truck driver in the tilt tray truck. This was because the truck driver who usually drove the tilt tray truck, was taking leave and the victim would be required to cover for him in the following days. The victim’s  training on the tilt tray truck comprised one day accompanying the truck driver. During that day, he did not observe a sea container being loaded. The truck driver showed the victim the controls for the tilt tray but did not give him any formal training regarding the hazards or pre-start checks. There was no documented process or content for the training provided by the truck driver to the victim. His training did not include picking up sea containers and he was not formally assessed as being competent to complete the task.  The victim did not receive any formal training as to how to load sea containers onto the tilt tray truck.

At the time the victim was assigned to drive the tilt tray trucks to cover for the truck driver and had not received any formal training or assessment of competency from RGR in relation to loading sea containers. At that stage, he had observed a sea container being unloaded whilst working as a yard hand but had not undertaken the task.

Background

RGR is a freight haulage company with a fleet of approximately 100 vehicles operating out of multiple depots around Western Australia including Perth and Newman. Richard Garrick Rowland is the sole director and secretary of RGR.

At the time of the incident, RGR had one tilt tray truck  based at its Perth Depot the levers for controlling the tilt tray on that truck were located at the rear left hand side near the rear axle and were not able to be operated remotely. The tilt tray truck was also fitted with a 20,000-pound winch (approximately 8.9 tonne), that could be operated using either one of the levers or via a wireless remote. The transportation of sea containers using the tilt tray truck was a regular but modest part of RGR’s business.

Method for loading sea containers onto the tilt tray truck

The usual method used by other employees of RGR to load sea containers was to tilt the tray of the truck down to the ground level using the levers located behind the rear passenger-side wheels of the truck. The cable of the tray mounted winch would then be spooled out via the hand-held remote so the chain slings attached to the winch wire could be connected using the pigs ears.

It was common for sea containers to be stored on gluts (pieces of wood or similar material) that keep the container off the ground and allow the end of the tilt tray to be manoeuvred under the container.

If a sea container was not stored on gluts and was sitting on the ground, the sea container was usually raised by attaching the chains to the container then raising the back of the tilt tray to lift the sea container and allow gluts to be placed underneath. Once gluts were placed underneath the sea container, the back edge of the tilt tray could be manoeuvred under the sea container and the winch could be used to pull the container onto the tray.

Incident

On 12 April 2021, the victim was assigned a job to pick up a sea container from a property in Hazelmere. The customer was a relative of RGR’s office manager and had previously worked as a truck driver for RGR in Port Hedland.

When the victim arrived at the property to collect the sea container, the customer showed the victim how to rig up the pig ears, chains and winch in order to load the container. He then instructed the victim to tilt the tray downwards and underneath the container into the dirt. The customer then advised the victim how to winch the container onto the truck by tilting the tray up then winching in small increments. While the victim was loading the container in this fashion, he was standing at the panel of leavers for the tilt tray while controlling the winch using the remote. Once the container had been loaded, the victim drove back to the depot, where the container was unloaded using a forklift.

At the end of the workday on 12 April 2021, the victim was told that he would be picking up a sea container in York the following day. the usual truck driver for the tilt tray  had been due to return to work that day but had booked off sick. He was given email correspondence containing details for the job.

On Tuesday 13 April 2021, prior to leaving RGR’s Perth Depot, the victim spoke with Rick Rowland. They discussed the task of loading the container. Rick Rowland verbally instructed the victim to use the winch, chain and pig ears that were on the truck. He told the victim to put gluts under the container after he had lifted it with the tilt tray so that he could drive the tilt tray further underneath it. Rick Rowland told the victim that the container is lifted by getting the end of the tray underneath the container then tilting it up.

The victim attended the site in York and met with the owner. He attempted to reverse the tilt tray under the sea container but the soil in front of the container was too hard. The victim then dug under the front of the sea container to get the tray of the truck underneath it. Once he believed the tray was level with the container, he unspooled the winch cable using the remote control and connected the chain sling.

While standing near the tilt tray controls at the rear of the truck, he started winching the container using the remote. The container was jammed against the end of the tilt tray and at some point, the winch overloaded the chain, causing a link to snap. The chains recoiled towards him and he was hit in the groin, and across his leg. He was pushed against the fence and screamed in pain.

The owner who had been a paramedic in the military, administered first aid and called emergency services. The victim was airlifted to hospital where he underwent surgery and one of his testicles was removed.

RGR’s procedures and policies

At the time of the incident, RGR had a safe work procedure for tilt tray trucks (Tilt Tray SWP) operating from RGR’s Newman depot. The Tilt Tray SWP identified a number of potential hazards associated with operation of a tilt tray truck and set out a number of procedural steps to address the hazards. In particular, the Tilt Tray SWP set out a check list which referred to the need to establish an exclusion zone. It also stated that the winch must not be operated in front or behind the load being winched, and if winching a heavy load, the operator must remain in the cab and operate the winch via remote.

That procedure was authorised by RGR’s Newman Depot Manager and was designated as only being for use in RGR’s Newman office.

RGR also had in place a document titled RGR Road Haulage Health, Safety & Management Plan (HSE Management Plan). That document established performance standards for managing the safety and health of personnel and provide a basis for development of specific site procedures. It expressly acknowledged the requirement to have in place an inspection system for slings, restraints and lifting equipment. However, as with the Tilt Tray SWP, the HSE Management Plan was not implemented in RGR’s Perth depot.

Industry guidance

At the time of the incident, the dangers associated with loading sea containers onto tilt tray trucks were known in the road transportation industry. Industry guidance for the safe operation of tilt tray vehicles had been published by WorkSafe (WA) to provide practical advice for duty holders to meet their obligations under the Occupational Safety and Health Act 1984.

The industry guidance published by WorkSafe specifically addressed loading of sea containers onto tilt tray trucks and recommended use of drawbars to eliminate the need to use chains.

Post incident

On 22 April 2021, RGR replaced the 10mm chains on the tilt tray truck with 13mm chains that have a maximum working load limit of 9.2 tonnes if a sling angle of less than 60 degrees is used. The cost of replacing the chains was $452 (exc GST). 

RGR subsequently employed an experienced risk manager who took steps to improve RGR’s systems and documentation. This has included the development and implementation of a safe work procedure in relation to loading and unloading equipment from a tilt tray truck, including the loading of shipping containers. In addition, RGR has developed and implemented a revised pre-use inspection checklist for the tilt tray truck and a formal Verification of Competency process for truck drivers using the tilt tray truck.

RGR has also taken the following measures across the business:

(a)           an employee training and qualification register;

(b)           a wire rope inspection register for tilt tray trucks.

Following the incident, RGR has purchased four commercially available drawbars designed to allow for loading and unloading of sea containers, which can withstand the maximum force generated by the winch and eliminate the need to use chains. These drawbars were purchased from 4 October 2023 at a cost of $7,500 each ($30,000 total).

The offender plead guilty and was convicted.

The Magistrate issued a fine of $355,000  and ordered costs of $6,500 in a sentencing hearing on 19 March 2025