Prosecution Details

Charges 1 and 2: Being a responsible person at a workplace failed to ensure that a commercial vehicle driver who was required to drive a vehicle that formed the whole or part of the workplace, drove in accordance with regulation 3.132(2)(a); namely by failing to ensure that the commercial vehicle driver had each period of 7 consecutive hours of non-work time separated from the next by not more than 17 hours; contrary to Regulations 3.131(1)(a) and 1.16 of the Regulations.

Charges 3 and 4: Being a responsible person at a workplace failed to ensure that a commercial vehicle driver who was required to drive a 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 Regulations.

The accused is a medium sized trucking company operating out of premises located at 40 Wellard St, Bibra Lake. Much of the work conducted by Cockburn Transport consists of the hauling of road trains and B-Double combinations over long distances with destinations in the eastern states and Northern Territory. The accused employs a number of commercial vehicle drivers.

The accused controls trip schedules and the allocation of work to drivers. The accused collected daily trip sheets from drivers.

EXCESSIVE HOURS

On 27 October 2005 a WorkSafe WA Inspector attended the accused's premises in Bibra Lake and inspected driver trip records which record details of times and journeys undertaken by commercial drivers who work for the accused. One of the records examined documented a trip to the eastern state that commercial driver A made in August -September 2005. The truck driven by the driver on this trip had a gross vehicle mass over 4.5 tonnes. The circumstances of charges 1 and 2 relate to this driver's return journey to Perth.

Charge 1

On 31 August 2005 Driver A commenced work at 0700 and worked until midnight, having only 3 short breaks, of 2 hours or less duration, during that time. He then rested until 0300 on 1 September 2005 before commencing work again. He then worked until 1800, having only 2 short breaks, again of only 2 hours or less duration. He then had a break from driving overnight, commerncing work again at 0600 on 2 September. He then drove until 2000 later that day, having only 1 break of 1 hour in duration. Similarly to the previous day, the driver then had a break from driving overnight, recommencing on 3 September at 0600 and driving again all day.

Thus in the 72 hours commencing on 31 August 2005 at 0700 Driver A did not have each period of 7 consecutive hours of nonwork time separated from the next by no more than 17 hours as required by regulation 3.132(2)(a) of the occupational safety and health regulations. Rather, a period of some 35.5 hours elapsed after 0700 on 31 August 2005 before the driver had a period of seven consecutive hours of nonwork time. The driver's total driving time during this period was 49 hours.

Charge 2

On 4 September 2005 Driver A commenced work at 0600 and worked through until 0500 the following morning (5 September 2005) having only two short breaks, two hours or less in duration, during that time. He then then had another short break of 2 hours before commencing work again at 0700 on 5 September. He then worked continuously, having no breaks, until 2200. He then had a break from driving overnight, commencing work again at 0600 the next day (6 September). Similarly to the previous day, he then worked continuously until 0100 on 7 September 2005. Driver A then had a break until 0700 on 7 September 2005 when he recommenced work.

Thus in the 72 hours commencing on 4 September 2005 at 0600 Driver A did not have each period of 7 consecutive hours of nonwork time separated from the next by no more than 17 hours as required by regulation 3.132(2)(a) of the occupational safety and health regulations. Rather, a period of some 40 hours elapsed after 0600 on 4 September 2005 before Driver A had a period of seven consecutive hours of nonwork time. The drivers' total driving time during this period was 53.5 hours.

While Driver A provided his trip sheet records to the accused, the accused did not have any auditing system in place whereby the accused could became aware of the excessive hours driven by the driver. Driver A was neither cautioned nor counselled by the accused in relation to the excessive hours he drove.

The accused has previously been made aware of its obligation to ensure that proper fatigue management measures are taken by its drivers through Improvement Notices issued to the accused in relation to fatigue management matters in July 2004 and again in March 2005.

The accused could have ensured, through proper trip scheduling, time allowed for trips, instruction and/or training of drivers and having procedures in place with appropriate internal enforcement of those procedures, that the commercial vehicle drivers working for the accused drove in accordance with the operational standards contained in the Occupational Safety and Health Regulations.

MEDICAL CERTIFICATES

Charge 3

Driver A drove a commercial vehicle for the accused, having been assigned that task by the accused. At that time, Driver A's medical fitness to drive a commercial vehicle had not been certified by a medical practitioner. Driver A was subsequently assessed by a medical practitioner on 17 January 2006.

Charge 4

Commencing on 10 January 2006, Driver B drove a commercial vehicle for the accused, having been assigned that task by the accused. At that time, Driver B's medical fitness to drive a commercial vehicle had not been certified by a medical practitioner. Driver B was subsequently assessed by a medical practitioner on 17 January 2006.

Pleaded Guilty