|Offender||Wytona Pty Ltd|
|Trading Name||Sun City Bakeries|
|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||GN2008/09||7 May 2007||8th May 2009||3.131(1)(a) 3.132(2)(a)||1.16(2)(b)(ii)||$15,000.00||8th May 2009|
|Description of Breach(es)||
Being a responsible person at a workplace failed to ensure that a commercial vehicle driver who without a relief driver drove a vehicle that formed the whole or part of the workplace drove that vehicle in accordance with regulation 3.132(2)(a) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984; contrary to Regulations 3.131(1)(a), 3.132(2)(a) and 1.16(2)(b)(ii) of the Regulations.
The accused operates a bakery in Geraldton
The accused delivers its bread to locations in Geraldton and the Pilbara. Its drivers deliver bread to Carnarvon, Minyilla, Nanutarra, Karratha, Roebourne, Whim Creek, Port Hedland and South Hedland.
During each trip the drivers completed a record of their driving time and breaks. When they returned to Geraldton the drivers gave their trip sheets to the accused.
As a result of a complaint to WorkSafe a WorkSafe Senior Inspector on 7 May 2007 stopped a driver, who was the employee of the accused instructed to deliver the accused's bread to the Pilbara that day, in Port Hedland. The Inspector issued a prohibition notice to the accused which prohibited the driver from driving without the breaks required by the Occupational Safety and Health Regulations 1996 (Osh Act). In particular the requirement that he not drive for more than 17 hours in any 24 hours period without a break of at least 7 hours. If the driver was not stopped he would not have had the required break from driving.
|Court||Geraldton Magistrate's Court|
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