A company director is facing five years jail time, personal fines of $330K and business penalties of $3.6M for failing to ensure a truck driver took adequate breaks.
Following the death of a truck driver who fell asleep and drifted into oncoming after 12 hours of driving work the employer business is facing $3,698,400 in penalties, while its sole director is facing a jail sentence of up to five years and a penalty of $332,856 for failing the duty to ‘not recklessly endanger persons at workplaces’ under the VIC OHS Act (which is modelled in most other State and Territory jurisdictions).
WorkSafe VIC are alleging that the employer (and the director) recklessly endangered the worker by failing to ensure he took adequate stationary rest breaks, and spent an adequate amount of time out of his vehicle, to reduce the risk of him experiencing slower reaction times and lapses in attention, or falling asleep at the wheel.
The allegation includes a focus that the employer failed to not provide adequate health and safety information, instructions and training, and did not provide appropriate supervision in relation to fatigue management.
Learnings for all businesses
It is vital for businesses to assess the risks and hazards at the workplace and to put into place controls and systems to mitigate those risks. However, it is simply insufficient to stop at implementing systems of controls. What is required, at the bare minimum, is for the employee use of those systems to be monitored and enforced, so that all staff go home safe. Failure to meet this minimum standard comes with serious repercussions for the business and its officers.
Here to help
ACAPMA members are reminded that they can access the advice support resources and representation of the ACAPMA Employment Professionals on this issue, or indeed any other employment issue, via employment@acapma.com.au.
HR Highlights are things to consider, implement and watch out for in your business. They are provided as general advice and you should seek further advice on your situation by contacting the ACAPMA Employment Professionals via employment@acapma.co.au its free for members. Click here to apply for ACAPMA Membership.
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