AB Oxford was fined $175,000 by the Victorian County Court, the company’s second conviction under the Occupational Health and Safety Act.

In December 2002 AB Oxford was convicted and fined $50,000 for offences relating to the safety of its workplace and systems.

The 2005, claim was brought by members of Stephen Peluso’s family, after the 39 year old was struck and killed by an overstacked forklift.

“He left for work that morning and never came back,” Mr Peluso’s brother Peter Peluso said.

“What a horrible thing for us to think about day after day. The most gut wrenching part is that what happened was completely avoidable.

“While nothing will bring Stephen back to us, we want all employers to learn from what AB Oxford did.’’

The settlement follows criminal prosecution of the logistics, transport and cold storage company for the poor safety standards that led to Mr Peluso’s death.

In his finding, Judge Michael Bourke observed that the tragedy occurred “in the context of a pressing backlog”, and noted such urgencies remained “a likely recurring factor in a workplace such as this one.”

In the incident that claimed Mr Peluso’s life, Judge Bourke acknowledged that the critical failing of over-stacking boxes reduced visibility at the intersection between a forklift lane and a pedestrian walkway.

The problem had previously been brought to the attention of the company.