At Performance Advantage, we understand how vital it is for businesses to adhere to safety regulations, especially when it comes to protecting workers in high-risk environments. Recently, a national transport and logistics company was fined $40,000 for repeatedly failing to comply with its traffic management plan, despite no workplace incident occurring.

Here’s a closer look at the situation and why this case highlights the importance of maintaining strict adherence to safety protocols.

On 14 December 2022, WorkSafe Victoria received an anonymous tip-off from a worker at the company, alerting them to a potential breach of safety involving a forklift unloading a trailer in the workplace’s loading zone. A WorkSafe inspector visited the site, but no immediate offence was found. However, the inspector observed that the company was not following its Traffic Management Plan properly.

The Consequences of Non-Compliance

Despite receiving an improvement notice, the company failed to address the non-compliance within the required timeframe. Over a period of nine months, the inspector revisited the site and found multiple instances where the company continued to disregard its Traffic Management Plan.

This led to the company being charged with a breach of section 26(1) of the Occupational Health and Safety Act 2004 (Vic) for failing to reduce the risk of serious injury or death in areas where forklifts were operating. Specifically, the company was accused of not ensuring a 3-metre exclusion zone between pedestrians and forklifts and failing to enforce pedestrian walkways and truck driver safety zones.

The Outcome

As a result, the company was convicted and ordered to pay a fine of $40,000, as well as additional costs of $4,037. The Court considered the company’s previous fine for a forklift-related incident but also noted that the company had taken remedial action to improve its safety systems. However, the ongoing failure to comply with safety requirements ultimately led to the significant fine.

Key Takeaways for Employers

This case serves as a reminder that non-compliance with workplace safety protocols, especially in high-risk areas such as forklift operations, can lead to severe penalties—even when no incident occurs. The failure to adhere to a Traffic Management Plan not only puts workers at risk but can also result in financial and reputational damage to the business.

At Performance Advantage, we help businesses stay compliant with workplace safety regulations and manage risks effectively. It’s crucial to ensure that your Traffic Management systems are not only in place but are actively enforced and regularly reviewed. If your business is facing challenges with risk management or compliance, we are here to assist in developing solutions tailored to your specific needs.

If you would like to know more, please contact us on 0408 897 079 or at suzanne@performanceadvantage.com.au.