Prosecution Details

Charges 1-9, 12, 14-21

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 (and who drove 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 regulations 3.131(1)(a) and 3.132(2)(a) of the Occupational Safety and Health Regulations 1996.

Charge 10

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 that vehicle: contrary to regulations 3.131(1)(b) of the Occupational Safety and Health Regulations 1996.

Charge 11 & 13

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

The Accused is a West Australian general freight carrier company, which at all material times had a head office at 17 Andrew Foord Way, Picton. This location was used as the Accused's main depot where they receive freight and forward that freight.

At all material times

a)       Drivers 1,2,3,4,5 and 6  were commercial vehicle drivers employed by the Accused (“the drivers”);
b)       save for Driver 7 on 6 February 2014, all the above drivers operated as solo drivers (that is, they did not drive with a relief driver); and
c)       as part of their employment the drivers were required to drive commercial vehicles with a gross vehicle mass in excess of 4.5 tonnes.

On 23 May 2014 WorkSafe Inspectors conducted fatigue assessments at the Northam Road Train Assembly Area. One of the vehicles stopped during the operation was being driven by Driver 6. It was determined that Driver 6 had failed to have seven continuous hours of non-work time during the past 24 hours. Consequently, Driver 6 was issued an Improvement Notice.

Following this operation, WorkSafe conducted an audit of work hours for several of the Accused's employees. The audit revealed that several of the Accused's employees had failed on various occasions to take adequate breaks from driving within a 72 hour period as well as other breaches alleged below.

CHARGES 1, 4, 5 and 6 – DRIVER 1

Driver 1's daily driving hours was recorded on weekly time sheets (“Driver 1's weekly sheets”) and daily fatigue sheets (“Driver 1's fatigue sheets”).

CHARGE 1: 8-11 JANUARY 2014

On 8 January 2014 at 6am Driver 1 commenced a 72 hour period of driving that ended on 11 January 2014 at 6am.

Driver 1's weekly sheets and fatigue sheets show that he had a six hour break on 8 January 2014 (Day 1), a five and a half hour break on 9 January 2014 (Day 2) and a fourteen and a half hour break on 10 January 2014 (Day 3).

Thus, during the 72 hour period commencing at 6am on 8 January 2014, Driver 1 failed to have three separate breaks of seven consecutive hours.

CHARGE 4: 17-20 FEBRUARY 2014.

On 17 February 2014 at 9am Driver 1 commenced a 72 hour period of driving that ended on 20 February 2014 at 9am.

Driver 1's weekly sheets and fatigue sheets show that he had a four and a half hour break on 17 February 2014 (Day 1), a five and a half hour break on 18 February 2014 (Day 2) and a ten and a half hour break on 19 February 2014 (Day 3).

Thus, during the 72 hour period commencing at 9am on 17 February 2014, Driver 1 failed to have three separate breaks of seven consecutive hours.

CHARGE 5: 22-25 APRIL 2014

On 22 April 2014 at 6am Driver 1 commenced a 72 hour period of driving that ended on 25 April 2014 at 6am.

Driver 1's weekly sheets and fatigue sheets show that he had a four and a half hour break on 22 April 2014 (Day 1), a seven hour break on 23 April 2014 (Day 2) and an eleven hour break on 24 April 2014 (Day 3).

Thus, during the 72 hour period commencing at 6am on 22 April 2014,Driver 1 failed to have three separate breaks of seven consecutive hours.

CHARGE 6: 19-22 MAY 2014

On 19 May 2014 at 6am Driver 1 commenced a 72 hour period of driving that ended on 22 May 2014 at 6am.

Driver 1's weekly sheets and fatigue sheets show that he had a three and a half hour break on 19 May 2014 (Day 1), a ten hour break on 20 May 2014 (Day 2) and a seven hour break on 21 May 2014 (Day 3).

Thus, during the 72 hour period commencing at 6am on 19 May 2014, Driver 1 failed to have three separate breaks of seven consecutive hours.

CHARGES 2 & 3 – DRIVER 2

CHARGE 2: 12-15 MARCH 2014

Driver 2’s daily driving hours was recorded on weekly time sheets (“Driver 2’s weekly sheets”).

On 12 March 2014 at 5am, Driver 2 commenced a 72 hour period of driving that ended on 15 March 2014 at 5am.

Driver 2’s weekly sheets show that he had a seven hour break on 12 March 2014 (Day 1), a six hour break on 13 March 2014 (Day 2) and a seventeen hour break on 14 March 2014 (Day 3).

Thus, during the 72 hour period commencing at 5am on 12 March 2014, Driver 2 failed to have three separate breaks of seven consecutive hours.

CHARGE 3: 14-17 APRIL 2014

Driver 2’s daily driving hours was recorded on daily fatigue sheets (“Driver 2’s fatigue sheets”).

On 14 April 2014 at 6am Driver 2 commenced a 72 hour period of driving that ended on 17 April 2014 at 6am.

Driver 2’s fatigue sheets show that he had a four hour break on 14 April 2014 (Day 1), a thirteen hour break on 15 April 2014 (Day 2) and a nine hour on 16 April 2014 (Day 3).

Thus, during the 72 hour period commencing at 6am on 14 April 2014, Driver 2 failed to have three separate breaks of seven consecutive hours.

CHARGES 7, 8, 9 and 10 – DRIVER 3

Driver 3's daily driving hours was recorded on weekly time sheets (“Driver 3's weekly sheets”) and daily fatigue sheets (“Driver 3’s fatigue sheets”).

CHARGE 7: 7-10 FEBRUARY 2014

On 7 February 2014 at 3:30am Driver 3 commenced driving as a solo commercial vehicle driver.

Driver 3's weekly sheets and fatigue sheets show that he worked as a solo driver for eighteen hours on 7 February 2014.

Thus, during the 72 hour period commencing 7 February 2014 at 3:30am Driver 3 worked more than 17 hours in a single shift.

CHARGE 8: 26 FEBRUARY 2014 - 1 MARCH 2014

On 26 February 2014 at 4am Driver 3 commenced a 72 hour period of driving that ended on 1 March 2014 at 4am.

Driver 3's weekly sheets and fatigue sheets show that he had a five hour break on 26 February 2014 (Day 1), a six and a half hour break on 27 February 2014 (Day 2) and an eight and a half hour break on 28 February 2014 (Day 3).

Thus, during the 72 hour period commencing at 4am on 26 February 2014, Driver 3 failed to have three separate breaks of seven consecutive hours.

CHARGE 9: 7-10 MAY 2014

On 7 May 2014 at 1:30am Driver 3 commenced a 72 hour period of driving that ended on 10 May 2014 at 1:30am.

Driver 3's weekly sheets and fatigue sheets show that he worked as a solo driver for seventeen and a half hours on 7 May 2014 (Day 1).

Thus, during the 72 hour period commencing at 1.30am on 7 May 2014, Driver 3 worked more than 17 hours in a single shift.

CHARGE 10: 8 JANUARY 2014 - 19 AUGUST 2014

Driver 3 was certified by a medical practitioner as fit to drive up until 21 May 2013.

From 22 May 2013 to 19 August 2014 Driver 3 was not certified by a medical practitioner as fit to drive a commercial vehicle.

WorkSafe did not receive certification that Driver 3 as fit to drive a commercial vehicle until 25 August 2014.

Thus, relevantly between 8 January 2014 and 19 August 2014 the Accused failed to ensure that Driver 3 was certified by a medical practitioner as fit to drive a commercial vehicle. 

CHARGES 11-13 & 21 – DRIVER 4

Driver 4's daily driving hours were recorded on weekly time sheets (“Driver 4's weekly sheets”) and daily fatigue sheets (“Driver 4's fatigue sheets”).

CHARGE 21: 9-12 FEBRUARY 2014

On 9 February 2014 at 4:30am Driver 4 commenced a 72 hour period of driving that ended on 12 February 2014 at 4:30am.

Driver 4's weekly sheets and fatigue sheets show that he took a break between shifts of seven and a quarter hours on 9 February 2014 (Day 1), nine and a half hours on 10 February 2014 (Day 2) and five hours on 11 February (Day 3).

Thus, during the 72 hour period commencing at 4:30am on 9 February 2014 Driver 4 incurred less than 27 hours of non-work time.

CHARGE 11: 3-6 MARCH 2014

During the relevant period the Accused failed to implement a system to accurately record the work time, breaks from driving, and non-work time of the commercial vehicle drivers it employed.

In particular, the Accused failed to ensure Driver 4 completed the 'active'/'non-active' portion of his fatigue sheet between 3 March 2014 and 6 March 2014.

CHARGE 12: 6-20 APRIL 2014 (14 DAYS)

Driver 4's weekly sheets and fatigue sheets show that between 6 April 2014 and 19 April 2014, he worked as follows:

a)       6 April 2014 (Day 1): 4:30am – 8:30pm (16hrs work) (8hr break between shifts);

b)       7 April 2014 (Day 2): 4:30am – 8:30pm (16hrs work) (7.5hr break between shifts);

c)       8 April 2014 (Day 3): 4:00am – 8:30pm (16.5hrs work) (8hr break between shifts);

d)       9 April 2014 (Day 4): 4:30am – 9:30pm (17hrs work) (7.5hr break between shifts);

e)       10 April 2014 (Day 5): 5am – 9pm (16hrs work) (9hr break between shifts);

f)        11 April 2014 (Day 6): 6am – 6pm (12hrs work);

g)       12 April 2014 (Day 7): No work hours recorded;

h)       13 April 2014 (Day 8): 4:30am – 9:30pm (17hrs work) (7hr break between shifts);

i)         14 April 2014 (Day 9): 4:30am – 9:30pm (17hrs work) (7hr break between shifts);

j)         15 April 2014 (Day 10): 4:30am – 9:30pm (17hrs work) (7hr break between shifts);

k)       16 April 2014 (Day 11): 4:30am – 9pm (16.5hrs work) (8hr break between shifts);

l)         17 April 2014 (Day 12): 5am – 4:30pm (11.5hrs work) (12.5hr break between shifts);

m)     18 April 2014 (Day 13): 5am – 12pm: (7hrs work) (16.5hr break between shifts);

n)       19 April 2014 (Day 14): No work hours recorded.

Driver 4's weekly sheets and fatigue sheets show that that during the 72 hour period commencing at 4:30am on 6 April 2014 and finishing at 4:30am on 9 April 2014 he incurred less than 27 hours of non-work time.

Alternatively, Driver 4's weekly sheets and fatigue sheets show that that during the 72 hour period commencing at 4:30am on 13 April 2014 and finishing at 4:30am on 16 April 2014 he incurred less than 27 hours of non-work time.

CHARGE 13: 28 APRIL 2014 – 1 MAY 2014

During the relevant period the Accused failed to implement a system to accurately record the work time, breaks from driving, and non-work time of the commercial vehicle drivers it employed.

In particular, the Accused failed to ensure Driver 4 provided a daily fatigue sheet for 30 April 2014 or properly record start and finish times on 29 April 2014.

CHARGES 14-16 – DRIVER 5

Driver 5's daily driving hours was recorded on weekly time sheets (“Driver 5's weekly sheets”) and daily fatigue sheets (“Driver 5's fatigue sheets”).

CHARGE 14: 15-18 APRIL 2014

On 15 April 2014 at 3am Driver 5 commenced a 72 hour period of driving that ended on 18 April 2014 at 3am.

Driver 5's weekly sheets and fatigue sheets show that he worked as a solo driver for eighteen and a half hours on 15 April 2014 (Day 1).

Additionally, Driver 5's weekly sheets and fatigue sheets show that he worked as a solo driver for eighteen and a half hours on 16 April 2014 (Day 2).

Thus, during the 72 hour period commencing at 3am on 15 April 2014, Driver 5 worked more than 17 hours in a single shift.

CHARGE 15: 15-18 MAY 2014

On 15 May 2014 at 3am Driver 5 commenced a 72 hour period of driving that ended on 18 May 2014 at 3am.

Driver 5's weekly sheets and fatigue sheets show that he worked for he worked as a solo driver for eighteen hours on 15 May 2014 (Day 1).

Additionally, Driver 5's weekly sheets and fatigue sheets show that he worked for he worked as a solo driver for eighteen hours on 16 May 2014 (Day 2).

Thus, during the 72 hour period commencing at 3am on 15 May 2014, Driver 5 worked more than 17 hours in a single shift.

CHARGE 16: 26-29 MAY 2014

On 26 May 2014 at 3.30am Driver 5 commenced a 72 hour period of driving that ended on 29 May 2014 at 3.30am.

Driver 5's weekly sheets and fatigue sheets show that he worked as a solo driver for eighteen and a half hours on 26 May 2014 (Day 1).

Additionally, Driver 5's weekly sheets and fatigue sheets show that he worked as a solo driver for seventeen and a half hours on 28 May 2014 (Day 3).

Thus, during the 72 hour period commencing at 3.30am on 26 May 2014,Driver 5 worked more than 17 hours in a single shift.

CHARGES 17-20 – DRIVER 6

Driver 6's daily driving hours was recorded on weekly time sheets (“Driver 6's weekly sheets”) and daily fatigue sheets (“Driver 6's fatigue sheets”).

CHARGE 17: 14-17 APRIL 2014

On 14 April 2014 at 7am Driver 6 commenced a 72 hour period of driving that ended on 17 April 2014 at 7am.

Driver 6's weekly sheets and fatigue sheets show that he took a break between shifts of four and a half hours on 14 April 2014 (Day 1), fourteen and a half hours on 15 April 2014 (Day 2) and sixteen hours on 16 April 2014 (Day 3).

Thus during the 72 hour period commencing at 7am on 14 April 2014, Driver 6 failed to have three separate breaks of seven consecutive hours.

CHARGE 18: 7-10 MAY 2014

On 7 May 2014 at 5am Driver 6 commenced a 72 hour period of driving that ended on 10 May 2014 at 5am.

Driver 6's weekly sheets and fatigue sheets show that he took a break between shifts of nine hours on 7 May 2014 (Day 1), five and three quarter hours on 8 May 2014 (Day 2) and nine hours on 9 May 2014 (Day 3).

Thus during the 72 hour period commencing at 5am on 7 May 2014, Driver 6 failed to have three separate breaks of seven consecutive hours.

CHARGE 19: 18-21 MAY 2014

On 18 May 2014 at 11am Driver 6 commenced a 72 hour period of driving that ended on 21 May 2014 at 11am.

Driver 6's weekly sheets and fatigue sheets show that he took a break between shifts of five hours on 18 May 2014 (Day 1), twelve hours on 19 May 2014 (Day 2) and thirteen and a half hours on 20 May 2014 (Day 3).

Thus during the 72 hour period commencing at 11am on 18 May 2014, Driver 6 failed to have three separate breaks of seven consecutive hours.

CHARGE 20: 8-21 JUNE 2014

Driver 6's weekly sheets and fatigue sheets show that between 8 June 2014 and 21 June 2014, he worked as follows:

a)       8 June 2014 (Day 1): 12:30pm – 6pm (5.5hrs yard work) (10hr break between shifts);

b)       9 June 2014 (Day 2): 4am – 6pm (14hrs work) (7hr break between shifts);

c)       10 June 2014 (Day 3): 1am – 2:30pm (15.5hrs work) (7hr break between shifts);

d)       11 June 2014 (Day 4): 9:30pm (10th) – 2:30pm (17hrs work) (15.5hr break between shifts);

e)       12 June 2014 (Day 5):  6am – 8:30pm (14.5hrs work) (7hr break between shifts);

f)        13 June 2014 (Day 6): 3:30am – 6pm (14.5hrs work) (11hr break between shifts);

g)       14 June 2014 (Day 7): 5am – 10pm (17hrs work between shifts);

h)       15 June 2014 (Day 8): No work hours recorded;

i)         16 June 2014 (Day 9): 3:30am – 1am (21.5hrs work [including a 7hr break]) (7hr break between shifts);

j)         17 June 2014 (Day 10): 8am – 11pm (15hrs work) (9:30hr break between shifts);

k)       18 June 2014 (Day 11): 8:30am – 6:45pm (10.25hrs work) (17.25hr break between shifts);

l)         19 June 2014 (Day 12): 12pm – 12am (12hrs work) (7hr break between shifts);

m)     20 June 2014 (Day 13): 7am – 8pm: (11hrs work) (7hr break between shifts); and

n)       21 June 2014 (Day 14): 3am – 4pm (11hrs work between shifts).

Thus in the 14 day period commencing 8 June 2014 at 12.30pm, Driver 6 failed to have at least 2 periods of 24 consecutive hours non-work time.

The Accused entered a guilty plea and was convicted on 10 April 2017. The Magistrate fined the Accused a global fine of $15,000 for 21  charges and ordered costs of $867.50.