Prosecution Details

21 x Charges: 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)(b)(i) of the Occupational Safety and Health Regulations 1996; Contrary to regulation 3.131(1)(a), and 3.132(2)(b) of the Occupational Safety and Health Regulations 1996 (WA)

3 x Charges: Being a responsible person at a workplace, failed to ensure that a record in accordance with regulation 3.134(2) was established and kept current in respect of the 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 regulation 3.134(1) of the Occupational Safety and Health Regulations 1996 (WA)

JSS Logistics Pty. Ltd. ACN 134 369 761 (JSS) is a transport services company primarily transporting machinery and portable buildings and operated out of two depots located in Karratha and Perth (Hazelmere).

JSS employed approximately 26 commercial vehicle drivers across the two depots. The breaches relate to 10 of the commercial vehicle drivers (“Drivers”). Each Driver was employed by the Accused as a multi-class Truck Driver and drove without a relief driver.

The commercial vehicles along with two depots formed the workplace.

JSS had two co-directors and also employed other staff being a Branch Manager, Operations manager, Assistant Branch Manager, Transport and Logistics Manager and an Accounts Assistant.   Each depot had a Branch Logistics Manager/ Operations Manager.

Drivers Fatigue Management

In January 2019, WorkSafe Inspectors commenced an investigation relating to JSS’s fatigue management and focused on fatigue records for the period September 2018 to December 2018 (“the Audit Period”).

The Accused’s fatigue management included requiring Drivers to complete a Fatigue Sheet / Daily Job Sheet (“Fatigue Sheet”) for each shift worked.  The Fatigue Sheet recorded Drivers’ hours of work time, breaks less than 30 minutes, and non-work time / breaks longer than 30 minutes.

Time recorded as ‘Short breaks (less than 30 minutes)’ on the Fatigue Sheet is work time for the purposes of regulations 3.132 and 3.134.

At the end of each shift, Drivers provided their Fatigue Sheets to Office Staff.  Office Staff used the hours and job details in the Fatigue Sheets to pay the Drivers.  Office Staff also used the Fatigue Sheets to complete the Fatigue Sheet Checks spreadsheet (“Fatigue Spreadsheet”). Each depot had its own Fatigue Spreadsheet.

The Fatigue Spreadsheet provided a running tally of the hours of work for each Driver, as well as days off. The Fatigue Spreadsheet was updated when daily job sheets and fatigue sheets became available and was accessible to all Office Staff, including the Directors.

GPS Systems / CCTV

The Accused had two different GPS systems attached to the Commercial Vehicles.  Office Staff, including the Directors, had access to the GPS information. The Director had access to the GPS Tracker systems on his mobile phone, including to see where drivers were but had no ability to run any trip reports from his phone.

The purpose of having the GPS systems was primarily for the safety of the drivers of the vehicles, but was also used for fatigue and pay discrepancies.  The GPS system would record stationary and moving times of the vehicles. By logging into the system, a report of those times could be retrieved. This data could be checked against the Driver’s Fatigue Sheet.

Both depots also had CCTV cameras in various locations. However, the cameras were not located in the truck parking lots. The Director had remote access to the cameras on his mobile phone and iPad but no ability to playback any footage. He could see if someone was coming or going late, or leaving early.

The day to day running of the business and office duties was the Branch Manager’s responsibility. The Director would occasionally accept jobs and would make decisions as to allocation of jobs and hours of Drivers independent of the Branch Manager

Breaches

Twenty one breaches occurred where JSS failed to ensure that a commercial vehicle driver drove that vehicle in accordance with regulation 3.132(2)(b)(i).  Each Driver failed so far as was practicable to take the required amount of breaks and periods of non-work time.

Three breaches occurred where JSS failed to ensure that a record in accordance with regulation 3.134(2) was established and kept current in respect of the work time, breaks from driving, and non-worktime of a commercial vehicle driver.

The Offender plead guilty to 24 charges on 2 May 2022.

The Magistrate fined the Offender on the 16 June 2022. 21 Breaches = $80,000

3 x breaches = $9000 and ordered Costs $6807.