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Prosecution Details

Offender Wytona Pty Ltd
Trading Name t/a Sun City Bakeries

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 GN3259/2010 30 July 2007 - 15 September 2007 16th December 2010 3.131(1)(a) 3.132(2)(a) 1.16(2)(b)(ii) $60,000.00 (Global) 16th December 2010
2 GN3260/2010 30 July 2007 - 15 September 2007 16th December 2010 3.131(1)(a) 3.132(2)(a) 1.16(2)(b)(ii) $60,000.00 (Global) 16th December 2010
Description of Breach(es)

Charge 1 - 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 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 1996 made under the Occupational Safety and Health Act1984; 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 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 1996 made under the Occupational Safety and Health Act1984; Contrary to regulation 3.131(1)(a), 3.132 (2) (a)  and 1.16 of the Occupational Safety and Health Regulations 1996

Background Details

The accused trades as Sun City Bakeries and is situated in an industrial area of Geraldton.  The Bakery supplies bread and other like products to the local area and Karratha and Port Hedland.

The accused had Commercial Vehicles driven by Commerical Vehicle Drivers on the material dates.  

Charge 1 -  Between 30 July 2007 to 15 September 2007 a Commercial Vehicle Driver drove Commercial Vehicle with gross vehicle mass greater than 4.5 tonnes. He drove Commercial vehicles for the accused at least 14 times without taking the required 7 hour break of non work time after 17 hours of work time.

Charge 2 -  Between 30 July 2007 to 15 September 2007 a Commercial Vehicle Driver drove Commercial Vehicle with gross vehicle mass greater than 4.5 tonnes. He drove Commercial vehicles for the accused numerous times without taking the required 7 hour break of non work time after 17 hours of work time.

It was practicable for the Accused to but the accused did not:

 a) Ensure drivers knew how long they could drive without a continuous break of 7 hours of non-work time after 17 hours of work time; and/or

 b) Satisfy itself that the drivers understood the requirement for a continuous 7 hours of non-work time after 17 hours of work-time; and/or

c) Allow the drivers enough time in their schedule to have a continuous 7 hours of non-work time after 17 hours of work time; and/or

d) Have an effective system to check, monitor and control the driver's compliance with the Occupational Safety and Health Regulations 1996; and/or

e) Provide a relief driver.

A schedule provided to the drivers for their driving was by the drivers own account unworkable and when concerns were raised they were ignored by the company and its management.

There are two previous convictions record for Wytona Pty Ltd

 




Outcome Summary

This matter with 2 charges was heard with another prosecution of Wytona Pty Ltd with 6charges.  The Accused was convicted on all 8 charges.  A glogal penalty of $60,000.00 for all 8 charges. Costs for this matter was $2500.00 and costs for the first matter $3035.54

Court Magistrates Court of Western Australia - Geraldton
Costs $2500.00 (Global)
Notes

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.

Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.

Offences committed prior to 1 January 2005, while of limited comparative relevance, can be accessed via the following link.