Prosecution Details
Offender | N.R. & N.J. Gardiner & Sons Pty Ltd |
Charges
Charge | Charge Number | Offence Date | Date Convicted | Regulation | Section | Penalty Provision | Penalty Imposed | Date Sentenced |
---|---|---|---|---|---|---|---|---|
1 | M11640/09 | Between 21 July and 4 October 2006 | 2nd October 2009 | 3.131(1)(a) 3.132(2)(a) | 1.16(2)(b)(i) | $5,000.00 (Global) | 2nd October 2009 | |
2 | MI11641/09 | Between 21 July and 4 October 2006 | 2nd October 2009 | 3.131(1)(b) | 1.16(2)(b)(i) | $5,000.00 (Global) | 2nd October 2009 | |
3 | MI11642/09 | Between 21 July and 4 October 2006 | 2nd October 2009 | 3.134(1) | 1.16(2)(b)(i) | $5,000.00 (Global) | 2nd October 2009 |
Description of Breach(es) | Charge 1 Being a responsible person at a workplace failed to ensure that a commercial 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 made under the Occupational Safety and Health Act 1984; contrary to regulation 3.131(1)(a), 3.132(2)(a) and 1.16 of the Occupational Safety and Health Regulations 1996.
Charge 2 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.
Charge 3 Being a responsible person at a workplace failed to ensure that a record in accordance with sub regulation 3.134(2) was established and kept current in respect of the work time, breaks from driving, and non-work time of commercial drivers required to drive a commercial vehicle that formed the whole or part of the workplace; contrary to regulations 3.134(1) and 1.16 of the Occupational Safety and Health Regulations 1996. |
Background Details |
Charge 1 - Regulation 3.131(1)(a), 3.132(2)(a) and 1.16 Two WorkSafe Inspectors carried out a fatigue assessment with a commercial driver on 1 August 2006. The commercial driver was employed by the accused and working for the accused as a commercial vehicle driver at the relevant time as a solo driver. At the time of the fatigue assessment he had not completed his trip sheets. The assessment found that he had failed to have a continuous period of 7 hours of non work in the last 24 hours. He had driven 1600 kilometres at that stage with another 600 kilometres still to go to reach his destination at Broome. The driver left for the trip from the accused's yard in Forrestfield. Trip sheets for the driver were obtained on 11 August 2006. The work regime indicated in those sheets did not allow him to have the required 7 hour continuous non work time break. The accused did not have an effective system in place to monitor and control fatigue management of its drivers. Charge 2 - Regulation 3.131(1)(b) and 1.16 He had been medically certified as fit to drive a commercial vehicle on 18 August 2006. There was no medical assessment in place for the relevant period (prior to 18 August 2006). The accused did not ensure that the driver was certified by a medical practitioner as fit to drive a commercial vehicle. Charge 3 - Regulation 3.134(1) and 1.16 Fatigue sheets (trip sheets) were inaccurate and had activities that were defined as work time not recorded. The accused did not provide to the Inspectors all of the records that were requested by the Inspectors. |
Outcome Summary | Plead Guilty |
Court | Magistrates Court of Western Australia - Midland |
Costs | $1,500 (Global) |
Notes | 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. |
Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.
Offences committed prior to 1 January 2005, while of limited comparative relevance, can be accessed via the following link.