| Written by Constance Stickler
Container terminals act as important hubs in the global supply chain, transferring goods between different modes of transport, such as ships, trucks and trains. They are strategically located in major ports worldwide and serve as gateways to regional and international markets.
They are an essential element in the functioning of maritime trade routes. They are designed to handle large volumes of containerised cargo and ensure that goods reach their destination on time.
Key Operations in Container Terminals and Their Safety Hazards
Vessel Operations
Berthing
Efficient and trouble-free berthing operations are essential to the port's main objectives: high terminal throughput and the shortest possible vessel turnaround time.
Improper manoeuvring can lead to collisions between vessels or between a vessel and the dock, which can cause structural damage and leakage. Handling heavy mooring lines can lead to injuries such as slips, trips, and falls. Crushing and more severe injuries are also possible if the lines break under tension.
Lashing and Unlashing
Container lashing and unlashing are critical operations that involve securing containers for transport on board a vessel or tying them off for unloading.
Workers, called lashers, position themselves to access the containers. This usually involves working at heights on the vessel's deck or container stacks, so fall protection, such as harnesses and railings, is essential.
Loading and Unloading
Special cranes, such as ship-to-shore cranes (STS), are used for loading and unloading.
Crane failures or operational errors such as loose or improperly secured containers can cause containers to fall, which can result in serious injury or death.
Yard Operations
Container Storage
Containers are temporarily stored within the terminal area before being loaded onto ships or transferred to the next mode of transport. Incorrect or over-stacking of containers can lead to collapse, endangering workers and damaging equipment.
Moving large vehicles such as RTGs and straddle carriers poses collision risks with other vehicles and pedestrians. Equipment malfunctions can also cause containers to fall or be mishandled, leading to accidents.
Reefer
Handling refrigerated containers poses additional risks: for example, the compressor unit may explode due to loading or refilling with contaminated gas. The plug-in and unplug-in processes are also not without risks. It is hazardous when reefers accidentally connect to the power supply with up to 460 volts moved by CHE, and the power lines break.
Intermodal Transfer
Containers are transferred between different modes of transport, e.g. from ship to truck or train. Transferring containers between different modes of transport can lead to breakdowns if equipment breaks down or is not operated correctly.
Gate Operations
Truck Processing
The terminal gate serves as an entry and exit for trucks. Efficient processing at the gate is crucial to avoid congestion and ensure smooth traffic flow within the terminal. High truck volumes can lead to congestion and increase the risk of accidents and injuries.
Inspection and Security
Containers are inspected for safety reasons and to ensure compliance with customs regulations. Inspectors can be exposed to hazardous materials if containers are not properly sealed or contain dangerous goods that are not adequately documented.
Other Safety Hazards
Equipment Management
Container terminal operations rely on a range of equipment, including cranes, forklifts and transport vehicles, some of which are automated guided. Efficient fleet management and proactive maintenance measures are critical to avoid malfunctions and downtime (see also: unreported container damage).
Stress and Fatigue
Time pressure can lead to rushed operations, increasing the likelihood of errors and accidents. Long shifts and physically demanding work can also fatigue workers and affect their ability to perform tasks safely.
Fires and Explosions
There are many different causes of fires or explosions on terminals. These can occur, for example, with:
- Electrical or machine room fire on lifting equipment
- Dangerous goods such as explosives or highly flammable chemicals
- Cutting through stuck twist locks
- During refueling operations
Noise
The cacophony of metal colliding with metal when containers are moved, beeping trucks and the noise from streets and industry facilities lead to stress and can lead to hearing loss. In addition, it can make it difficult to understand communication and lead to misunderstandings with far-reaching consequences.
Vibrations
Hand-arm and whole-body vibration can damage blood vessels, nerves, muscles, and joints in the hand and arm, as well as lower back pain, disc wear and tear, and spinal injuries.
Workplace Safety
The History of Workplace Safety
Workplace safety is a cornerstone of modern industrial practices. It protects employees' health, well-being, and productivity in various work environments. Its development is rooted in historical challenges and societal changes.
Its origins lie in the Industrial Revolution. Rapid technological advances led to dangerous factory conditions, mine conditions, and construction sites. Worker safety was often given little or no thought. Workers responded by organizing labour movements to demand safer conditions.
This led to the enactment of protective laws such as the Factory Act in Great Britain (1833) and the Factories and Shops Act in Australia (1896).
In the recent past, workplace safety standards have evolved significantly, and they are supported by international organisations such as the International Labour Organisation (ILO) and national agencies. Uniform standards ensure uniformity and effectiveness of safety practices worldwide.
The Importance of Workplace Safety
First and foremost, workplace safety protects the physical and mental health of the people who work there, i.e. human capital. It does this by reducing the incidence of occupational diseases and alleviating psychological stress among employees.
A safe environment promotes higher morale, job satisfaction and productivity and minimises absenteeism and turnover.
Of course, following safety regulations is also critical to regulatory compliance, reducing liability, avoiding fines and protecting the company's reputation. Prioritising safety demonstrates corporate responsibility, improves the public image and attracts investors, customers and top talent.
A key impact of workplace safety is increased operational efficiency. For example, downtime due to accidents, examinations and employee absences is minimised. In addition, costs can be saved through lower insurance premiums, workers' compensation claims and healthcare costs.
Looking to the future, workplace safety will continue to evolve in response to technological advances, demographic changes, and global challenges. It goes beyond legal requirements: it is a moral and strategic imperative.
Workplace Safety in Container Terminals
Worker safety at container terminals is based on historical challenges and modern operational complexities. Practices are adapted to the inherent risks of handling large cargo volumes and operating heavy machinery.
As in other industries, the need to protect its own workers at ports led to the introduction of early safety regulations and worker movements advocating for safer working conditions.
In modern container terminals, worker safety is paramount for several compelling reasons. First, the scale and intensity of operations involving cranes, forklifts, and other heavy equipment require strict safety protocols. Second, tight schedules and high throughput demands require safe working environments with reduced risk of accidents and delays.
Workplace safety also has an impact on the environment. Container terminals are often located near the coast, so water protection is a major concern. For example, preventing the release of hazardous substances protects marine ecosystems and water quality. By prioritising safety, terminals can minimise their environmental footprint and contribute to broader sustainability goals.
Regulatory Framework in Australia
Australia's first occupational health and safety legislation was the Factories and Shops Act 1896. This act was a significant step towards improving working conditions and safety standards, particularly in industrial settings such as factories and workshops.
The Factories and Shops Act's key provisions included requirements for adequate ventilation, sanitation and fire safety provisions, but it also included regulations on the operation of machinery, working hours and the employment of children.
The latest extensions to the act include, among other things, 88 new penalty notices for existing offences, an increase of all existing penalty notice amounts by 24% (effective from 1 July 2024) and enables the WHS Regulator to ensure prohibited asbestos is removed permanently from workplaces (effective from 19 August 2024).
The introduction of this act reflected broader social movements and concerns for worker welfare in the late 19th century and paralleled similar developments in other industrialised nations at the time. Over the following decades, occupational health and safety laws continued to be refined and expanded. Today, a comprehensive regulatory framework exists with various state and federal laws, including the Work Health and Safety Act 2011.
Key Regulatory Bodies of WHS Australia
Safe Work Australia
Safe Work Australia is a key national policy body dedicated to improving workplace safety and health and workers' compensation in Australia.
It was created under the Safe Work Australia Act 2008 and incorporated on 1 July 2009. Its creation was part of a broader initiative to harmonise workplace safety laws across Australia to ensure consistent safety standards.
Safe Work Australia plays a critical role in developing national workplace safety and workers' compensation policies. In addition to model legislation and regulations covering general workplace safety issues, Safe Work Australia also provided critical guidance and resources to help businesses manage WHS risks associated with the COVID-19 pandemic.
There is also a National Return to Work Strategy 2020–2030 designed to improve return-to-work outcomes for injured workers. It aims to ensure that all workers have access to the support they need to recover and return to a safe and sustainable world of work.
October is designated as the National Safe Work Month to raise awareness of WHS and encourage all Australians to prioritise workplace safety.
The collection and analysis of WHS data is continually improving. Safe Work Australia publishes comprehensive reports on workplace injury and illness trends, providing valuable insights for policy development and safety improvements.
Australian Maritime Safety Authority (AMSA)
The AMSA is a statutory authority established on 1 January 1991 under the Australian Maritime Safety Authority Act 1990 to ensure safe navigation, protect the marine environment, and provide services to assist in maritime safety and navigation.
The establishment of the AMSA consolidated various safety and regulatory functions previously administered by several disparate authorities to streamline maritime administration.
The primary purpose of the AMSA includes:
To promote maritime safety:
- Ship safety standards (including design, construction, equipment and operation)
- Inspections and audits around safety compliance (see also: Container damage checklist)
- Safety certifications for ships and crew
To prevent and combat pollution of Australian waters from ships:
- Preventing and responding to marine pollution
- Enforcing international conventions and national laws relating to marine pollution
- Managing the National Maritime Environmental Emergency Plan (for example, oil spills)
Providing a national search and rescue service for the maritime and aviation sectors:
- Operating the Joint Rescue Coordination Centre (JRCC) Australia (responses to marine and aviation accidents)
- Cooperating with other national and international agencies
- Maintaining navigational aids (lighthouses, buoys and beacons)
Managing and enforcing the laws that govern maritime traffic in Australia:
- Safety information (including weather and navigational warnings)
- Australian Ship Reporting System (AUSREP; monitoring of ship movements)
Regulatory Framework in New Zealand
Workplace health and safety efforts in New Zealand have been marked by significant legislative developments and a growing awareness of the importance of protecting workers.
One of the first pieces of legislation was the Factories Act 1894, which regulated factory working conditions, focusing on hygiene, ventilation, and working hours. Ten years later, the Coal Mines Act 1905 was introduced to improve safety standards in the hazardous coal mining industry.
Over the years, the early laws have been revised and expanded to include more types of workers, with an essential focus on preventing work-related illnesses.
In the early 1990s, a groundbreaking law was passed, the Health and Safety in Employment Act 1992. It imposed extensive duties on employers to ensure the safety of employees, contractors, and others.
Key Regulatory Bodies of WHS New Zealand
WorkSafe New Zealand
WorkSafe New Zealand was established in December 2013 in response to recommendations from the independent Workplace Health and Safety Taskforce, convened following the Pike River Mine disaster in 2010. This identified significant deficiencies in the country's health and safety framework and highlighted the need for a dedicated regulator to monitor and enforce safety standards.
WorkSafe New Zealand is responsible for monitoring and enforcing compliance with health and safety laws, including inspections and audits. If breaches are found, WorkSafe has the power to take enforcement action, including issuing improvement notices, prohibition notices and, in serious cases, prosecuting offenders.
There is also a strong commitment to education and engagement through guidance, information and resources to help businesses and workers understand their health and safety obligations and best practices.
Data collection and analysis are also important. Through incidents, injuries and illnesses occurring in workplaces, trends and emerging risks were identified and translated into strategies and actions. A key focus is promoting mental health through initiatives to reduce stress, bullying, and harassment in the workplace.
Maritime New Zealand
Maritime New Zealand's mandate is to ensure safe, secure, and clean waters in New Zealand, including the health and safety of maritime workers. It operates under the Maritime Transport Act 1994 and the Health and Safety at Work Act 2015.
Its main tasks are to develop and enforce maritime safety regulations, such as standards for vessels, safe operating practices and seafarer certification. It carries out inspections and audits and has the power to prosecute breaches.
Again, there is a strong focus on education and advice to promote a safety culture in the industry. Maritime accidents and their contributing factors are investigated, and the results are used to improve regulations and practices. Among the various workplace safety initiatives, one is focused on fatigue management.
Key Regulations and Standards of WHS Australia
Work Health and Safety (WHS) Act 2011 (Australia)
The WHS Act 2011 is an essential piece of legislation designed to ensure the health and safety of workers in Australia.
For example, it advocates inclusive practices such as representation, consultation, collaboration and conflict resolution as integral components of effective health and safety management. In addition, the act encourages the active participation of unions and employers' organisations in improving workplace health and safety practices.
One aim is to create awareness and competence in workplace safety, which is achieved, among other things, through disseminating advice, information, education, and training.
The legislation ensures compliance by all parties through rigorous enforcement and oversight. It also creates a framework that encourages continuous improvement and sets progressively higher standards for workplace health and safety practices.
Key Provisions
The act sets out the duty of care of everyone involved, from persons conducting a business or undertaking (PCBU) and managers to employees and visitors. PCBUs must provide and maintain a safe working environment, which must be supported by managers. Everyone must exercise due care for their own safety and that of others.
PCBUs must consult with other PCBUs and their employees to work with all those affected by a safety measure.
Workers can elect health and safety representatives (HSRs) and committees (HSCs) to represent them on health and safety matters.
HSRs have a range of powers and functions, including the ability to inspect workplaces, investigate complaints, accompany inspectors and order work to cease where there is an imminent threat to health or safety.
HSCs are designed to facilitate cooperation between the PCBU and workers in initiating, developing and implementing measures to ensure health and safety in the workplace.
The WHS act also sets out processes for resolving health and safety issues where a problem cannot be resolved through consultation. These include standard procedures but also the possible involvement of an inspector to assist.
The law provides for the appointment of inspectors with extensive powers. They can enter workplaces, inspect and examine everything, question people and demand the production of documents.
The penalties for non-compliance with the law are significant and include fines and prison sentences that reflect the seriousness of the violations.
When health and safety risks arise, PCBUs must ensure that they are eliminated or minimised as much as possible. The required actions include identifying hazards, assessing risks and implementing control measures to manage the risks.
So, the Occupational Health and Safety Act 2011 creates a comprehensive framework for managing health and safety risks in the workplace. It emphasises the importance of consultation, collaboration and coordination between PCBUs, workers and other stakeholders. The act ensures that everyone in the workplace has a role in maintaining a safe and healthy working environment and provides enforcement and compliance mechanisms to maintain these standards.
Workplace Manslaughter Legislation in Victoria, Australia
The workplace manslaughter legislation in Victoria, Australia, came into effect on 1 July 2020. This legislation represents a significant step towards holding individuals and organisations accountable for workplace deaths caused by negligent conduct.
What are the key points of the legislation?
Definition of Workplace Manslaughter
Workplace manslaughter occurs when a person (either an individual or a legal entity) negligently causes the death of an employee or another person while working for the individual or legal entity. This includes deaths that occur due to the negligent management or control of a workplace by the accused, where the negligence breaches a duty of care owed by the accused to the victim.
Who can be held liable?
The law applies to individuals such as employers, directors and officers of a legal entity. They have a duty to ensure the safety of employees or other persons affected by a job being carried out. It also applies to entities (such as companies or organisations) that have due diligence obligations towards persons affected by the conduct of their business or project.
What are the penalties?
Workplace manslaughter carries severe penalties. Those found guilty can face up to 25 years in prison, and entities can be fined up to $16.5 million (as of July 2022). These relatively high penalties reflect the seriousness of the crime and serve as a deterrent to negligent behaviour.
What is the purpose of the law?
It is intended to ensure that employers and those in control of workplaces prioritise safety to prevent fatalities. The focus shifts from reactive measures to proactive safety practices.
Prevention
Employers and duty holders are encouraged to regularly review their workplace health and safety practices and implement robust safety management systems, appropriate training, and risk assessments.
The introduction of this law reflects the commitment to improving safety standards in the workplace. The severe penalties for individuals and organisations aim to promote a culture of safety.
Impact of the Act on AUSTRALIAN Container Terminals
The legislation obviously impacts container terminals in Victoria. These are high-risk environments due to the presence of heavy machinery, hazardous materials and a complex operational setup involving numerous workers and contractors.
Terminal operators, contractors, and other parties are responsible for managing and controlling workplace safety. They have an increased duty of care for the health and safety of workers, visitors, and others at the port.
Container terminals often engage numerous contractors and subcontractors for various services. The legislation extends the duty of care to these contractors and requires terminal operators to ensure that all parties involved in their operations maintain high safety standards. Contracts with contractors must include clear safety expectations, requirements to adhere to safety protocols and mechanisms to monitor and enforce safety standards.
The state's workplace safety regulator, WorkSafe Victoria, has the power to investigate incidents, prosecute offenders and ensure compliance with safety laws. Inspections and audits can be conducted to evaluate container terminal safety practices and identify improvement areas.
Key features and differentiators
The up to 25 years imprisonment and $16.5 million fines are among the harshest penalties in Australia.
The law applies not only to employers and businesses but also to senior managers (such as company directors and officers), who are held personally liable for breaches. This is a relatively strict approach compared to some jurisdictions where businesses face penalties, but individuals may not be held to the same extent.
Unlike some jurisdictions where proof of intent or recklessness is required, Victorian legislation focuses on negligence. This means that it is sufficient to prove that an individual did not take reasonable steps to prevent a death, making prosecution easier.
The legislation's introduction represents a cultural shift towards prioritising workplace safety and holding individuals accountable. It encourages organisations to adopt comprehensive safety practices and promotes a culture of responsibility and vigilance.
Under the new legislation, WorkSafe Victoria, the regulator, has increased powers to investigate workplace deaths and prosecute perpetrators, ensuring strict enforcement and compliance.
While other Australian states and territories have workplace health and safety laws, the penalties and scope of workplace manslaughter legislation in Victoria are significantly more stringent. For example, the Australian Capital Territory (ACT) also has workplace manslaughter laws, but the penalties are less rigorous compared to those in Victoria.
Key Regulations and Standards of WHS New Zealand
Health and Safety at Work Act 2015
It is New Zealand's primary workplace health and safety law, enacted in response to the Pike River Mine disaster. Among the key provisions is the concept of "all practicable steps". This refers to the measures an employer (or other duty-bearer) can reasonably take to ensure health and safety. In doing so, practicable steps must be taken, taking into account:
- The nature and severity of the hazard or risk.
- The current state of knowledge about the hazard or risk and how it can be controlled.
- The availability and suitability of options for eliminating or reducing the hazard or risk.
- The cost of implementing control measures about the risk present.
However, "all practicable steps" does not mean that employers must take all possible measures, but those that are appropriate in the circumstances, taking into account the factors mentioned above.
Health and Safety at Work (General Risk and Workplace Management) Regulations 2016
This regulation supplements the 2015 Act referenced above. It sets out detailed requirements for managing health and safety risks in different working environments.
Key aspects of the regulation include specific duties for PCBUs to identify and manage risks. This includes conducting thorough risk assessments, implementing control measures and regularly reviewing and maintaining these measures. The regulation covers a wide range of hazards, such as dangerous substances, noise and manual handling, and sets out mandatory procedures for managing them.
Worker participation is also emphasised, and they must be involved in health and safety processes, including providing advice on risk management and developing safety procedures.
Impact of Regulations on NZL Container Terminals
In response to ongoing safety concerns, including the tragic deaths of two dockworkers in 2022, the New Zealand Government has expanded the role of Maritime New Zealand (Maritime NZ) to include onshore port operations. This change, which will take effect from 1 July 2024, aims to streamline health and safety oversight by making Maritime NZ the primary regulator for 13 major ports, including key container terminals such as the Ports of Auckland, Tauranga and Lyttelton.
Two initiatives specifically targeting ports are:
Ports tool
The Ports Tool is an online platform developed by WorkSafe New Zealand. It is designed to help port operators and workers manage health and safety risks more effectively.
With a primary focus on risk management, the tool provides guidelines and checklists to assist its users in systematically assessing hazards and implementing appropriate control measures.
Best practice examples and case studies from other ports and terminals enable users to learn from real-world scenarios and implement security strategies that have proven successful elsewhere.
Port Sector Insights Picture and Action Plan
One component of the action plan is providing a comprehensive overview of the port sector's current health and safety landscape. This includes data on accident rates, common hazards and risk factors specific to port operations.
Based on industry data, incident reports and feedback from port workers and operators, the areas where safety improvements are most urgently needed are identified, and appropriate strategies and intervention measures are described to address them.
Takeaway
The mix of heavy machinery, hazardous materials and high-traffic conditions is predestined for incidents and health risks. In high-risk sectors such as container terminals, it is immediately apparent why comprehensive precautions must be taken to protect the safety of all those involved.
Since the late 19th century, legislators have increasingly recognised the importance of promoting workplace health and safety. A large number of laws, regulations, and initiatives have been introduced, often initially locally and regionally, then consolidated as national or even international regulations.
Now, WHS Australia's focus is increasingly on the PCUB's responsibility to emphasize and strengthen proactive approaches. By threatening draconian penalties, they are encouraged to do everything in their power to ensure the health and safety of the people under their responsibility.
Delve into one of our core topics: Port Automation
Sources:
(1) https://www.worksafe.vic.gov.au/victorias-new-workplace-manslaughter-offences
(2) https://www.hsa.ie/eng/your_industry/docks/hazards_in_ports_and_docks/container_terminals/
(3) https://spiresafety.com.au/what-is-whs-and-why-is-it-important-in-australia/
Author
Conny Stickler, Marketing Manager Logistics
Constance Stickler holds a master's degree in political science, German language and history. She spent most of her professional career as a project and marketing manager in different industries. Her passion is usability, and she's captivated by the potential of today's digital tools. They seem to unlock endless possibilities, each one more intriguing than the last. Constance writes about automation, sustainability and safety in maritime logistics.
