Transport company fined $35,000 over lack of rest breaks
Issue Date: - Wednesday, 23 July 2008
A transport company has been fined $35,000 for failing to ensure its commercial vehicle drivers took legally required rest breaks.
Mitchell West Pty Ltd – now known as Mitchell Corp - pleaded guilty to 16 charges on July 15 and was fined in the Kalgoorlie Magistrates Court yesterday.
WorkSafe inspectors visited the company’s Kalgoorlie depot in April 2005 as a follow-up to a roadblock exercise held that February.
When the inspectors examined the trip sheets for the month of March, they found that a manager had checked the timesheets for accuracy and signed them.
The employer did not tell the drivers their trip sheets showed that they had not taken the rest breaks required by law, nor were the drivers told they had to take these rest breaks.
WorkSafe WA Commissioner Nina Lyhne said today that the case was a further reminder of the importance of adequate rest breaks for commercial vehicle drivers.
“It is crucial that the commercial transport industry recognises that fatigue is a significant occupational safety and health issue and that the human body has limitations and adequate sleep and rest is essential to safely undertake long-distance driving,” Ms Lyhne said.
“A comprehensive code of practice for the management of fatigue has been in operation in WA since 1998, and regulations governing the management of fatigue have been in place since 2003.
“We’ve generally been pleased with the gradual increase in compliance over the past five years, but we will continue to be vigilant in the commercial transport sector.
“Subsequent to the offences involved in this case, the company involved did tell its drivers that they had to take the legally required rest breaks when driving their vehicles.
“WorkSafe takes the issue of commercial vehicle driver fatigue very seriously, and will continue to take enforcement action against any employer who does not comply with the fatigue laws.”
Further information on fatigue management can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.worksafe.wa.gov.au. Copies of the code of practice can be purchased from WorkSafe for $3.30 per copy, or downloaded at no charge from the website.