Prosecution Details

Charges: 1-9 The Accused, 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 each commercial vehicle driver who is required to drive a commercial vehicle that forms the whole or part of the workplace; Contrary to regulation 3.134(1) of the Occupational Safety and Health Regulations 1996.

Charges 10- 15 The Accused, 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 regulation 3.131(1)(a) and 3.132(2)(a) of the Occupational Safety and Health Regulations 1996.

The Accused is a South Australian based transport company, which carries on a commercial haulage transport business, primarily between an Adelaide depot in Regency Park and their Western Australian depot operating at 103, Kurnall Road, Welshpool.

The accused employed commercial vehicle drivers (“the drivers”).  These drivers operated as solo drivers (that is, they did not drive with a relief driver); and as part of their employment the drivers were required to drive commercial vehicles with a gross vehicle mass in excess of 4.5 tonnes.

A multi-agency operation involving Main Roads, WA Police and WorkSafe was conducted in Northam in January/February 2015 (“the Northam operation”). Such an operation stopped and recorded sightings of several of the Accused's trucks and commercial vehicle drivers.

Subsequent investigations of the Accused and in particular, their records, revealed that the Accused is failing to implement a system to accurately record the work time, breaks from driving and non-work time of many of their commercial vehicle drivers.

Charge 1 – Driver 1

Driver 1’s daily driving hours was recorded on both National Driver Work Diary Daily Sheets and Western Australia Fatigue Sheets (“Driver 1’s diary sheets”).

On 17 February 2015, Driver 1's diary sheets indicate that he was driving east from the Accused's depot in Welshpool towards South Australia.

At 9:10pm on 17 February 2015, Driver 1's diary sheet shows he was headed towards Caiguna, having apparently stopped in Coolgardie around 5pm. 

This record is false, as on 17 February 2015, at 9:10pm, Driver 1's truck was observed during the Northam operation by a Main Roads Inspector.

Data obtained from the Safe-T-Cam unit within the Department of Planning, Transport and Infrastructure based in South Australia, indicates that Driver 1's truck was sighted in South Australia during the early hours on the morning on the 19 February 2015. This is accurately reflected on Driver 1's records for the 19 February 2015. However, taking into account his sighting in Northam at 9:10pm on 17 February 2015 means Driver 1 travelled nearly 2600kms in just over 32 hours.

Charge 2 – Driver 2  

Driver 2's daily driving hours was recorded on National Driver Work Diary Daily Sheets (“Driver 2's diary sheets”). 

On 17 February 2015, Driver 2's diary sheets indicate that he was driving west from the Accused's depot in South Australia. 

At 11:30pm on 17 February 2015, Driver 2's diary sheet shows he was driving, somewhere around the Balladonia locality.

This record is false, as on 17 February 2015, at 11:30pm, Driver 2's truck was observed during the Northam operation by a Main Roads employee.

Driver 2's records don't indicate he reached as far west as Northam during his trip.

Charge 3 – Driver 3

Driver 3's daily driving hours was recorded on National Driver Work Diary Daily Sheets (“Driver 3's diary sheets”). 

On 18 February 2015, Driver 3's diary sheets indicate that he was driving west from the Accused's depot in South Australia. 

At 4:50am ACDT on 18 February 2015, Driver 3's diary sheet shows he is east of Southern Cross.

This record is false, as on 18 February 2015, at 2:20am WST (4:50am ACDT) Driver 3 was stopped in his vehicle during the Northam operation by WA Police.

Driver 3's records don’t indicate he reached as far west as Northam until 8am ACDT (which is 5:30am WST)

Charge 4 – Driver 4

Driver 4's daily driving hours was recorded on National Driver Work Diary Daily Sheets (“Driver 4's diary sheets”). 

On the days preceding 16 February 2015, Driver 4's diary sheets indicate that he was driving west from the Accused's depot in South Australia.  On 16 February 2015, Driver 4's diary sheets indicate that he was resting in Kalgoorlie for most of the morning until 1:00pm ACDT.

This record is false, as on 16 February 2015, at 10:40am WST, (1:10pm ACDT) Driver 4's truck was observed during the Northam operation by a Main Roads Inspector.

Driver 4's records don’t indicate he reached as far west as Northam at all during that trip.

Charge 5 – Driver 5

Driver 5's daily driving hours was recorded on National Driver Work Diary Daily Sheets (“Driver 5's diary sheets”). 

On 20 February 2015, Driver 5's diary sheets indicate that he was driving west from the Accused's depot in South Australia. 

At 1:23am WST on 20 February 2015, Driver 5's diary sheet shows he is east of Balladonia.

This record is false, as on 20 February 2015, at 1:23am WST, Driver 5 was stopped in his vehicle during the Northam operation by WA Police.

Driver 5's records don’t indicate he reached as far west as Northam until 6:30pm on the evening of the 20 February 2015.

Charge 6 – Driver 6

Driver 6's daily driving hours was recorded on National Driver Work Diary Daily Sheets (“Driver 6's diary sheets”). 

On 17 February 2015, Driver 6's diary sheets indicate that he was driving east towards South Australia. 

At 7:52pm ACDT on 17 February 2015, Driver 6's diary sheet shows he heading east from Southern Cross towards Norseman.

This record is false, as on 17 February 2015, at 5:22pm WST (7:52pm ACDT) Driver 6 was stopped in his vehicle during the Northam operation by WA Police.

Driver 6's records don't indicate that he passed through Northam at all that day. 

Charge 7 – Driver 7

Driver 7's daily driving hours was recorded on National Driver Work Diary Daily Sheets (“Driver 7's diary sheets”). 

On 18 February 2015, Driver 7's diary sheets indicate that he was driving west from the Accused's depot in South Australia.

At 1:15am ACDT on 19 February 2015, Driver 7's diary sheet shows he is resting in Coolgardie.

This record is false, as on 18 February 2015, at 10:45pm WST (1:15am ACDT on 19 February 2015) Driver 7's truck was observed during the Northam operation by a Main Roads Inspector.

Driver 7's records don’t indicate he reached as far west as Northam at all during that trip.

Charge 8 – Driver 8

Driver 8's daily driving hours were recorded on Week Trip Sheets (“Driver 8's trip sheets”). 

At 10:25pm WST on 20 February 2015, Driver 8's trip sheet shows he is not working.

This record is false, as on 20 February 2015, at 10:25pm WST, Driver 8 was stopped in his vehicle during the Northam operation by WA Police.

After being stopped by Police, Driver 8 was drug tested by WA Police and ordered not to continue to drive.

Charge 9 – Driver 9

Driver 9's daily driving hours was recorded on National Driver Work Diary Daily Sheets (“Driver 9's diary sheets”). 

At 10:40pm WST on 18 February 2015, Driver 9's truck was observed during the Northam operation by a Main Roads employee.

After several formal requests by WorkSafe dated 13 March, 1 May and 27 October 2015, no record has been provided of Driver 8's work time, breaks from driving and non-work time on 18 February 2015.

When asked why no record had been kept for Driver 8's driving on this day, an employee, who was given authority to speak on behalf of the Accused, stated that the records may have been "misfiled."

Charge 10-15 – Driver 10

Driver 10's daily driving hours were recorded on both National Driver Work Diary Daily Sheets and Western Australia Fatigue Sheets (“Driver 10’s diary sheets”).

Charge 10

In relation to charge 10, Driver 10 was driving between the headquarters of the Accused at 103 Kurnell Road Welshpool and Eucla.  Driver 10’s diary sheets show he worked between 8:00pm on 13 January 2015 and 2:30pm on 14 January 2015 without a 7 hour consecutive break. This is a period of 18.5 hours. Driver 10  took a total of 3 hours of breaks during this 18.5 hour period.

Charge 11

In relation to charge 11, Driver 10 was driving between the headquarters of the Accused at 103 Kurnell Road Welshpool and Eucla. Driver 10’s diary sheets show he worked between 8:30pm on 20 January 2015 and 3:00pm on 21 January 2015 without a 7 hour consecutive break. This is a period of 18.5 hours. Driver 10 took a total of 3 hours of breaks during this 18.5 hour period.

Charge 12

In relation to charge 12, Driver 10 was driving between the headquarters of the Accused at 103 Kurnell Road Welshpool and Eucla.  Driver 10’s diary sheets show he worked between 4:00pm on 3 February 2015 and 11:00am on 4 February 2015 without a 7 hour consecutive break. This is a period of 19 hours. Driver 10 took a total of 3 hours of breaks during this 19 hour period.

Charge 13

In relation to charge 13, Driver 10  was driving between the headquarters of the Accused at 103 Kurnell Road Welshpool and Eucla.  Driver 10’s diary sheets show he worked between 4:30pm on 10 February 2015 and 11:00am on 11 February 2015 without a 7 hour consecutive break. This is a period of 18.5 hours. Driver 10 took a total of 3 hours of breaks during this 18.5 hour period.

Charge 14

In relation to charge 14, Driver 10 was driving between Border Village and the headquarters of the Accused at 103 Kurnell Road Welshpool and Eucla.  Driver 10’s diary sheets show he worked between 9:15am on 21 February 2015 and 3:00am on 22 February 2015 without a 7 hour consecutive break. This is a period of 17.75 hours. Driver 10 took a total of 3.75 hours of breaks during this 17.75 hour period.

Charge 15

In relation to charge 15, Driver 10 was driving between the headquarters of the Accused at 103 Kurnell Road Welshpool and Eucla.  Driver 10’s diary sheets show he worked between 3:30pm on 24 February 2015 and 10:00am on 25 February 2015 without a 7 hour consecutive break. This is a period of 18.5 hours. Driver 10 took a total of 3 hours of breaks during this 18.5 hour period.

The Accused entered a guilty plea on 25 July 2016 and was convicted.  Initial sentencing was conducted on 8 December 2016 with the Magistrate fining a global fine of $9000 for 9 charges under regulation 3.134 and a global fine of $18,000 for 6 charges under regulation 3.131(1)(a).  WorkSafe successfully appealed the penalties in 2017. The Hon. Justice Fiannaca concluded that the original fines were manifestly inadequate and substituted global fines of $30,000, for the 9 charges, and $28,000 for the 6 charges.  Costs of $3000 were awarded to the State for the appeal.