Company and Director Charged Over Fatigued Driver's Death

The following is an abridgement of an article originally appearing on the WorkSafe Victoria website:

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WorkSafe has charged Keysborough-based warehousing and logistics company along with its sole director following the tragic death of a delivery driver in August 2022. The incident occurred when the driver lost control of his vehicle. At the time, the driver was 12 hours into his shift delivering baked goods across Victoria's northern regions. The delivery van drifted into the path of an oncoming truck at Kialla West, resulting in a fatal collision.

Background of the Incident: The driver had been on a long shift, working tirelessly to complete his delivery route. As fatigue set in, his reaction times would have slowed, and lapses in attention would likely have become more frequent. Despite these evident dangers, no adequate measures were in place to ensure he received necessary rest breaks and time away from the vehicle.

Charges Filed: The company and its director have each been charged under section 32 of the Occupational Health and Safety (OHS) Act. This section pertains to recklessly engaging in conduct that places another person at a workplace in danger of serious injury. The charges allege that both the company and director failed to mitigate the known risks associated with fatigue.

In addition, three further charges were brought under section 21(1) of the OHS Act for failing to provide a safe workplace. The company also faces three charges under section 23(1) of the OHS Act for not ensuring that persons other than employees were protected from health and safety risks.

WorkSafe's investigation revealed significant lapses in the company’s safety protocols. It is alleged that it failed to:

• Implement and maintain safe systems of work.
• Provide essential information, instruction, and training related to fatigue management.
• Offer necessary supervision to ensure the safety of workers and others affected by their operations.

These failures are attributed to neglect, for which the director faces an additional six charges under section 144(1) of the OHS Act. This section holds company officers accountable for failing to take reasonable care to ensure the company complies with its health and safety obligations..

Implications for Workplace Safety: This case serves as a reminder that employers have a legal and moral responsibility to ensure that their workers are not exposed to unnecessary risks, including those related to fatigue.

Key Takeaways for Employers:

• Implement Safe Work Systems
• Provide Adequate Training
• Monitor and Supervise
• Enforce Rest Breaks

It is a requirement for all employers to take proactive measures in managing fatigue and other health and safety risks to protect their workers and others who may be affected by their operations.