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Prosecution Details

Offender Gary Alexander Egberts

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 GN3778/10 11 September 2007 to 02 February 2008 10th October 2011 1.16(2)(a)(i) $2,000.00 10th October 2011
2 GN3779/10 11 September 2007 to 02 February 2008 10th October 2011 1.16(2)(a)(i) $2,000.00 10th October 2011
Description of Breach(es)

Charge 4 - The accused was a manager of Wytona Pty Ltd (a body corporate) when Wytona Pty Ltd was guilty of an offence under the Occupational Safety and Health Regulations 1996, 3.131(1)(a), 3.132(2)(a) and that offence occurred with the consent of connivance of, and/or was attributable to the neglect of the Accused: contrary to sections 55(1) of the Occupational Safety and Health Act 1984.  

Offence - 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 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 5 - The accused was a manager of Wytona Pty Ltd (a body corporate) when Wytona Pty Ltd was guilty of an offence under the Occupational Safety and Health Regulations 1996, 3.131(1)(b), and that offence occurred with the consent of connivance of, and/or was attributable to the neglect of the Accused: contrary to sections 55(1) of the Occupational Safety and Health Act 1984.  

Offence - 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.  

Background Details

Wytona Pty Ltd traded as Sun City Bakeries and was situated in an industrial area of Geraldton.  Gary Egberts was the General Manager and was responsible for the management of the drivers and had the authority to make changes to driver's schedules.  The bakery supplied bread and other like products to the local area, Karratha and Port Hedland.   Wytona had commercial vehicles which were driven by employed commercial vehicle drivers.

Charge 4 - Facts

Between 21 January 2008 to 23 January 2008 a commercial vehicle driver drove a commercial vehicle with gross vehicle mass greater than 4.5 tonnes.  He drove commercial vehicles for the accused without taking the required 7 hour break of non work time after 17 hours of work time.

It was practicable for Wytona to do but Wytona 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 requirements 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.

The accused at no time brought to the driver's attention that he was breaching fatigue regulations. 

The schedule provided to the drivers had internal inconsistencies and didn't provide sufficient time to do certain deliveries, which meant that the schedule did not allow for the drivers to have the required breaks.

The accused did not effectively manage compliance with the Occupational Safety and Health Regulations 1996.

While the accused was manager, similar instances occurred that he was aware of.  Those instances were:

  • 30 July 2007 to 15 September 2007, Commerical vehicle driver 1
  • 30 July 2007 to 15 September 2007, commercial vehicle driver 2
  • 26 November 2007 to 26 January 2008, commercial vehicle driver 3
  • 29 November 2007 to 15 January 2008, commercial vehicle driver 4
  • 26 November 2007 to 02 February 2008, commercial vehicle 1.

CHARGE 5 - Facts

The offence occurred in the period 11 September 2007 to 13 September 2007.  A commercial vehicle driver drove a vehicle for the accused during the above period without a medical certificate.  Wytona Pty Ltd had been issued previously with improvement notices for similar breaches.  The accused was aware of the improvement notice but did not ensure all the drivers had medical certificates prior to driving.

After this incident a further driver drove without a medical certificate in the period of 10 January 2008 to 21 January 2008.




Outcome Summary

The Accused entered a late guilty plea to two charges.

Court Magistrates Court of Western Australia - Geraldton
Costs $8000.00

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