Silk Contract Logistics Pty Ltd (the defendant) conducts a logistics and warehousing business. On 13 February 2014, a 20 tonne shipping container was delivered to the defendantís Tullamarine warehouse. The container was required to be opened so that it could be unloaded by forklift.

The defendantís procedure for opening containers required the use of restraining straps to prevent the doors from fully opening and permitted controlled access to the containers in case of goods having shifted during transit, but the procedure was not maintained at the workplace. There was a risk of serious injury or death from impact by falling objects if a restraining strap or rope was not used.

The delivery driver opened the container without using restraining straps or ropes. As he opened the left door, part of the load had shifted. A pallet weighing approximately 350kg struck the delivery driver from height, causing a fractured skull and cheekbone, bruising on the brain, cuts above his left eye, air pockets in the lung and a suspected fractured rib.

The defendant pleaded guilty and was without conviction sentenced to pay a fine of $60,000 and to pay costs of $6,125. (Melbourne Magistrates Court).

Court: Magistrates' Court
Fine: $60,000.00
Costs: $6,125.00
Published: 09/10/2015

Source: Worksafe Vic