A session at a recent LSS client workshop focused on how to manage Chain of Responsibility (COR) for container activities, especially involving overseas suppliers.
Partner at Holding Redlich, Nathan Cecil, provided an overview of a recent prosecution of a furniture importer (Futurewood) in relation to the transport of a sealed container by road from an Australian port, having arrived from China. The container was not fully loaded. The load within was not properly restrained. Potentially due to a shift in the load, the truck rolled as it was rounding a bend. The container landed on a car, killing the motorist.
The action, brought on by the NSW Roads & Maritime Services (RMS), resulted in Futurewood being fined 90% of the maximum fine for failing to meet Australian Load Restraint Guide performance standards.
The Court had some things to say about what should be in place:
- Each party should understand their load restraint and COR obligations
- There should be a focus on safety, not product damage, unloading ease or other commercial considerations
- There should be discussion on load restraint requirements e.g. Dunnage bags. Discussion needs to involved properly qualified people
- Information on Australian load restraint requirements should be provided to suppliers, including overseas suppliers
- Contracts should include appropriate wording to require proper COR management
- No supplier should be used if they cannot/will not comply
Containers and the LSS COR System
The LSS COR System provides appropriate measures to address these requirements
- Load restraint systems can be defined and included in the on-line client COR projects
- Overseas suppliers can be included in client COR projects, through which they can
- Understand their load restraint and COR responsibilities in Australia
- Confirm their level of compliance with these responsibilities through the on-line self-audit
- Client loading/unloading sites can monitor compliance with COR responsibilities through their mobile “LSS Site Inspector” unloading inspections and can log any non-conformances through their on-line “LSS Incident Management System” for review and follow-up
For further information or assistance please contact on (03) 5984 49895 or email firstname.lastname@example.org