Large fine imposed over widespread abattoir problem A major meat processing company's failure to take remedial steps or show contrition after an incident that left a worker paraplegic has resulted in it being fined $95,000 by the NSW Industrial Court. The incident occurred in December 2003 when a livestock driver was delivering cattle to an abattoir. His truck was a double-decker prime mover, and he used a ladder built onto the side to reach the top of the trailer, to view and guide the cattle onto the ramps. While climbing the ladder the driver slipped, falling headfirst more than two metres and sustaining severe spinal injuries resulting in permanent T4 paraplegia. Rockdale Beef Limited, which jointly operated the abattoir, was charged with a breach of s10(1) of the NSW OHS Act (duty of controllers to ensure safe premises). Other parties to the agreement were also charged, however these proceedings were withdrawn on the basis that Rockdale would plead guilty. In the Industrial Court, Justice Frank Marks heard that the driver, who was employed by a transport company, had never undergone a site induction or orientation, nor had he been provided any instruction about unloading cattle by either Rockdale or his employer. The driver was not provided with any type of fall prevention or fall arrest device, and the ladder did not comply with Australian Standard 1657-1992, which required a clearance or foothold of not less than 200mm for ladders in excess of 750mm in height. Justice Marks heard it was standard practice for drivers to climb to the top of the trailers so they could watch and assist the cattle exit the truck. Rockdale's livestock manager gave evidence that the system had been used for about 18 years, with about 2,500 cattle transports visiting the Rockdale property each year. Justice Marks found Rockdale knew that drivers invariably were required to reach the upper deck of the trailer to release cattle and that they used affixed ladders to do so, without restraint devices or other equipment to stop them falling. He heard an alternate system was available at other premises, involving an overhead gantry with harnesses and retractable reels for drivers to use, but while Rockdale argued that drivers resisted using these, "overall upon cross-examination, the effect of that evidence was that it was safer to use the type of system that was in operation at Cargill than not have any system at all, as was the case with this defendant". Rockdale relied on an OHS expert's opinion that the risk should be addressed by modifying existing trailers and the design of new trailers, but the expert agreed in cross-examination that it was possible to introduce a fall restraint system on the unloading ramps. No contrition Determining the appropriate penalty, Justice Marks noted that Rockdale failed to take any active steps to comply with its obligation to render the unloading operation safe. He found the offence was serious, and said that an element of general deterrence was required in the penalty given that the problem was widespread throughout the industry. Justice Marks also took into account that Rockdale had taken no steps of any kind after the incident to improve safety of unloading operations, and it had not indicated any concern for the driver's condition and circumstances. He said these facts reflected a lack of contrition on its part. He fined the company $95,000 out of a maximum $550,000. Inspector Jones v Rockdale Beef Pty Limited [2007] NSWIRComm 275 (14 November 2007)