Penalty for compliance breach over three years ago given to logistics company
Historic dangerous goods compliance breaches have ended up costing logistics provider Mainfreight $88,500.
The fines and legal costs on Mainfreight Distribution were decided in the New South Wales Land and Environment Court last week following a joint Environment Protection Authority (EPA), Roads and Maritime Services (RMS) and NSW Police heavy vehicle compliance operation near Lithgow in November 2011.
The EPA says Mainfreight co-operated throughout its investigations and has subsequently implemented measures to ensure that its obligations under the dangerous goods legislation are complied with.
EPA chief environmental regulator Mark Gifford says it is crucial that all parties involved with loading and transporting dangerous goods ensured compliance with the Dangerous Goods (Road and Rail Transport) Act 2008.
“Everybody from the driver, through to the vehicle owner and the transporter have a responsibility to ensure that dangerous goods are loaded, stored and transported safely and legally,” Gifford adds.
“This is not only a legal requirement but also a social responsibility when flammable and dangerous goods are being transported on public roads.”
EPA officers inspected a truck carrying approximately 3900kg of mixed classes of dangerous goods travelling from Sydney to Bathurst and Orange and found a number of non-compliances.
These included incompatible dangerous goods, unrestrained dangerous goods including 18 200-litre drums of flammable liquids, a failure to placard the load and a failure to have the necessary personal protection equipment and prescribed fire extinguisher.
The truck was prevented from leaving until all of the problems had been corrected and the EPA later took legal action against all three of the involved parties – Mainfreight, which loaded and transported the dangerous goods on to the vehicle, the driver and the vehicle’s owner, NJA Transport.
The driver and owner were convicted in local courts in 2013 and fined $800 and $10,000 respectively.
The company listed to the court measures taken to improve dangerous goods practice and procedures since 2011 including:
- appointment of dangerous goods coordinators in all branches
- annual dangerous goods audits with a view to a more regular audit program
- checklist for all relevant vehicles
- training for 258-374 employees between 2011 and last year with on-line refresher courses from last year
- relevant computer system enhancements; use of external consultants.