Prosecution Details

Charge 1

Being a responsible person at a workplace failed to ensure that a commercial driver who was required to drive a commercial vehicle, that formed whole or part of the workplace, (without a relief driver) drove that vehicle in accordance with regulation 3.132(2)(a) of the Occupational Safety and Health Regulations made under the Occupational Safety and Health Act 1984; contrary to regulation 3.131(1)(a), 3.132(2)(a) and 1.16 of the Occupational Safety and Health Regulations 1996.

Charge 2

Being a responsible person at a workplace failed to ensure that a commercial vehicle driver who was required to drive a commercial vehicle that formed the whole or part of the workplace was certified by a medical practitioner as fit to drive the vehicle; contrary to regulations 3.131(1)(b) and 1.16 of the Occupational Safety and Health Regulations 1996.

Charge 3

Being a responsible person at a workplace failed to ensure that a record in accordance with sub regulation 3.134(2) was established and kept current in respect of the work time, breaks from driving, and non-work time of commercial drivers required to drive a commercial vehicle that formed the whole or part of the workplace; contrary to regulations 3.134(1) and 1.16 of the Occupational Safety and Health Regulations 1996.

Charge 1 - Regulation 3.131(1)(a), 3.132(2)(a) and 1.16
The accused operated a transport business.

Two WorkSafe Inspectors carried out a fatigue assessment with a commercial driver on 1 August 2006. The commercial driver was employed by the accused and working for the accused as a commercial vehicle driver at the relevant time as a solo driver. At the time of the fatigue assessment he had not completed his trip sheets.

The assessment found that he had failed to have a continuous period of 7 hours of non work in the last 24 hours. He had driven 1600 kilometres at that stage with another 600 kilometres still to go to reach his destination at Broome. The driver left for the trip from the accused's yard in Forrestfield.

Trip sheets for the driver were obtained on 11 August 2006. The work regime indicated in those sheets did not allow him to have the required 7 hour continuous non work time break.

The accused did not have an effective system in place to monitor and control fatigue management of its drivers.

Charge 2 - Regulation 3.131(1)(b) and 1.16
A second person was employed by the accused and working for the accused as a commercial vehicle driver at the relevant time as a solo driver. He drove as a commercial driver for the accused and more particularly between 21 July 2006 and 18 August 2006.

He had been medically certified as fit to drive a commercial vehicle on 18 August 2006. There was no medical assessment in place for the relevant period (prior to 18 August 2006).

The accused did not ensure that the driver was certified by a medical practitioner as fit to drive a commercial vehicle.

Charge 3 - Regulation 3.134(1) and 1.16
The accused employed five drivers at the relevant times as commercial vehicle drivers.

Fatigue sheets (trip sheets) were inaccurate and had activities that were defined as work time not recorded.

The accused did not provide to the Inspectors all of the records that were requested by the Inspectors.

Plead Guilty

Please note that the charges have a global fine. While a penalty is imposed on each charge it is for the global fine and not a separate amount for each charge.