Convicted and fined $500,000 after worker's death

A County Court Judge has strongly criticised a major national employer after the death of a worker who fell more than eight metres into the hold of a ship.

Judge Jeanette Morrish today P&O Ports Ltd and fined it a total of $500,000 saying the company's safety failings were at the upper end of the scale, systematic and flagrant.

It's the second-biggest fine ever imposed in Victoria for Occupational Health and Safety matters since the prosecution of Esso over the Longford gas plant explosion.

Jeff Gray suffered severe head injuries and died at Appleton Dock, Footscray, after he was struck by a 20' container which knocked him into the hold of the MV Kiribati Chief in June 2003.

P&O Ports Ltd pleaded guilty to two charges laid under the Occupational Health and Safety Act 1985.

Judge Morrish convicted and fined the company $200,000 on each of the two charges and imposed a further $50,000 fine on each charge because of prior convictions on workplace health and safety matters in Victoria.

The court was told a number of serious safety failings were found by WorkSafe Victoria investigators after Mr Gray's death.

• P&O Ports Ltd had written policies and procedures in place that identified the risk of crushing and falling during loading. The procedures were not enforced by the company's management or supervisors.
• There was inadequate instruction of employees to ensure measures to control fall and crushing risks were in place when containers were being loaded.
• Mr Gray was at risk of being crushed as the arrangement of containers on the ship's deck left him standing on a ledge 300-400 mm wide next to the stacked containers.
• There were no safety barriers around the open cargo hold. None of the workers were wearing harnesses to prevent them falling into the ship's hull.
• Elected health and safety representatives had raised concerns about safety issues such as the practice of no guard rails around open hatches and no provision of harnesses on a number of occasions with P&O Ports to no avail.
• No 'tool-box' meeting had been held on the day of the incident to discuss how work was to be performed. WorkSafe found they were rarely, if ever, held.
• P&O Ports Ltd which employs around 3500 people and operates in 28 ports around Australia told the court it pleaded guilty at an early stage, safety improvements were made after the incident, its officers were remorseful and that it had financially helped Mr Gray's family.