Lessons from Minus 1 Refrigerated Transport’s Prosecution: The Importance of Traffic Management Plans

The recent prosecution of Minus 1 Refrigerated Transport Pty Ltd serves as a stark warning to businesses about the consequences of inadequate traffic management, particularly when previous incidents have highlighted clear risks. The company’s failure to properly design, implement, monitor, and enforce a traffic management plan (TMP) resulted in serious injuries to employees on two separate occasions. This case underscores that repeated safety breaches not only endanger lives but also attract increased scrutiny and enforcement actions from safety regulators.

Overview of the Incident and Prosecution

On June 27, 2023, a forklift driver at Minus 1’s Dandenong South facility accidentally reversed into a yardman, resulting in severe injuries. The yardman, who was responsible for directing vehicles, was struck while walking down the driveway or “apron” area, which was not designated for loading and unloading activities according to the company’s TMP. However, unloading had been happening in this undesignated area frequently, indicating a lack of enforcement of the TMP.

This incident followed an earlier similar incident in January 2022, where a truck driver was also struck by a moving forklift and sustained serious injuries, including four broken ribs and two fractured vertebrae. At the time of the 2023 incident, the 2022 case was still pending prosecution, yet WorkSafe Victoria had already charged Minus 1 for safety failures related to the previous incident. This meant the company was aware of the safety risks but had not sufficiently mitigated them.

In both cases, Minus 1 was charged with failing to maintain a safe work environment under sections 21(1) and 21(2)(a) of the Work Health and Safety Act. For the 2023 incident, the company pleaded guilty and was fined $20,000, plus $4,575 in costs.

Key Lessons for Businesses

The Minus 1 case illustrates critical learnings for businesses regarding traffic management and the importance of upholding safety standards, particularly when dealing with powered mobile plant like forklifts.

1. The Essential Role of a Comprehensive Traffic Management Plan (TMP):

   - A TMP is crucial for any facility where vehicles and pedestrians operate in close proximity. It should clearly define loading and unloading zones, pedestrian walkways, and exclusion zones to prevent incidents.

   - In this case, the absence of a defined forklift exclusion zone and the regular use of an undesignated area for unloading allowed unsafe practices to become normalized. A properly designed TMP would have included clearly marked zones and strictly prohibited loading in undesignated areas.

2. The Importance of Consistent Enforcement and Monitoring:

   - Developing a TMP is only the first step; regular monitoring and strict enforcement are essential to ensure compliance. Minus 1 had a TMP on paper, but it was not consistently applied or enforced, as indicated by ongoing loading in unsafe zones.

   - Businesses should establish regular audits and provide safety personnel with the authority to correct or halt unsafe practices. A TMP is ineffective if workers and management don’t follow it consistently.

3. Addressing Risks Promptly Following Incidents:

   - Following the 2022 incident, Minus 1 was put on notice of the specific hazards associated with inadequate traffic management. However, the company’s failure to take sufficient action to eliminate these risks contributed to the subsequent incident.

   - Employers should immediately address identified risks and review safety protocols following any incident. This demonstrates a proactive approach to WHS and reduces the likelihood of similar incidents recurring.

4. The Significance of Physical Barriers and Exclusion Zones:

   - Implementing physical barriers and exclusion zones between pedestrians and vehicles is a critical element of any TMP in high-traffic environments. In Minus 1’s case, a clearly marked three-meter pedestrian exclusion zone around forklift areas could have prevented the yardman’s injury.

   - Installing barriers, painted lines, and signage are simple yet effective measures that can separate pedestrian and vehicle pathways, drastically reducing the risk of collisions.

5. Impact of Multiple Breaches on Regulatory Scrutiny and Penalties:

   - The repeated nature of these incidents and the lack of adequate corrective action attracted increased scrutiny from WorkSafe Victoria. When a company has a history of similar breaches, regulators are more likely to impose higher penalties and intensify monitoring.

   - Businesses should recognize that multiple WHS breaches demonstrate a failure to learn from past incidents, which can lead to stricter penalties, higher fines, and more frequent regulatory audits.

Steps to Prevent Similar Incidents

To avoid incidents like those at Minus 1 Refrigerated Transport, businesses should prioritize designing, implementing, and continuously monitoring their TMPs. Here’s a step-by-step approach to building and maintaining effective traffic management:

1. Conduct a Comprehensive Risk Assessment:

   - Begin by evaluating the layout of your facility and identifying areas where pedestrian-vehicle interactions could pose risks. Consult workers involved in high-traffic areas for their insights on existing hazards.

   - Regularly update risk assessments to account for any changes in layout, machinery, or processes.

2. Designate Clear Traffic Zones:

   - Create defined loading and unloading areas and pedestrian walkways. Use visible markings, barriers, and signage to indicate exclusion zones.

   - Ensure the TMP includes specific areas where powered mobile plant, such as forklifts, can operate safely without risk to pedestrians.

3. Implement and Enforce Strict Access Controls:

   - Limit access to high-risk areas and ensure only authorized personnel are allowed near loading zones. Provide training on safe practices for those working with or around heavy vehicles.

   - Appoint dedicated safety officers or supervisors to enforce TMP rules consistently and prevent unauthorized activity in restricted areas.

4. Conduct Regular Training and Drills:

   - Train employees on the importance of following TMP protocols, including the designated pathways and exclusion zones. Conduct regular safety drills to reinforce awareness of the TMP.

   - Ensure all new and existing employees are trained on traffic management and informed of any updates to the TMP.

5. Monitor and Review the TMP:

   - Regularly audit and monitor traffic practices to ensure compliance with the TMP. Document any breaches and take immediate corrective actions.

   - Periodically review the TMP, particularly following an incident, to address any weaknesses and prevent future incidents.

6. Foster a Safety-First Culture:

   - Cultivate a safety-conscious workplace where all employees feel empowered to report safety hazards or non-compliance. Recognize and reward adherence to safety practices to reinforce positive behaviour.

The repeated incidents at Minus 1 Refrigerated Transport highlight the dire consequences of inadequate traffic management and failure to enforce safety protocols. This case serves as a warning to businesses that regulatory bodies like WorkSafe will intensify scrutiny and impose penalties when safety failures recur. To protect employees and avoid regulatory penalties, businesses must design, implement, and rigorously enforce traffic management plans. Effective TMPs not only safeguard workers but also demonstrate a commitment to upholding workplace health and safety standards.