Prosecution Details

Charge 1-8 - 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; Contrary to regulation 3.131(1)(a), 3.132(2)(a) and 1.16 of the Occupational Safety and Health Regulations 1996.

Charge 9 - 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.

The Accused carries on a commercial freight haulage business from 10 Barker Street Belmont and employed several drivers ("the drivers"). As part of their employment they were required to drive vehicles with a gross vehicle mass in excess of 4.5 tonne and fell within the definition of a commercial vehicle provided for by the Occupational Safety and Health Regulations 1996 ("the regulations"). These vehicles formed all or part of the workplace for the drivers.  Each of these drivers worked for the Accused for more than 10 hours twice a week or worked for the Accused more than 60 hours in any one week. Freight was delivered to destinations as far away as Karratha from Perth.

The Accused did not set trip schedules but rather left it to its drivers to regulate their own driving. The Accused required trip sheets to be recorded by the drivers and returned to the Accused at the conclusion of each trip. These drivers exceeded the amount of work time permissible without having a break of at least 7 consecutive hours of work time as required of the drivers by reg 3.132 of the regulations. It was practicable in every situation for the drivers to have complied with reg 3.132.

These hours were recorded on trip sheets signed by the drivers and submitted to the Accused by the drivers or in driver's diaries. At no time were any of the drivers disciplined or informed by the Accused that their driving exceeded the permissible hours stipulated by reg 3.132. In this fashion the Accused failed to ensure that drivers complied with the permissible working hours stipulated by reg 3.132.

At least one of the vehicles driven by the drivers was fitted with a GPS tracking system which enabled the Accused to track and be aware of the movements of the vehicle. This facility also indicated whether the engine was engaged. Instead of using this facility to ensure the driver was complying with the terms of reg 3.132 the Accused used this facility to track his movements, demanding that the driver deliver the freight he was hauling within a certain time, forcing the driver to depart from the requirements of reg 3.132.

At all material times one of the other drivers did not hold a medical certificate certifying him as fit to drive a commercial vehicle. The Accused was aware of this. However, despite this knowledge the Accused permitted this driver to drive for it prior to his obtaining the requisite medical certificate.

The Accused changed plea to guilty and was convicted on 9 charges.

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.