Prosecution Details

In summary form, between the 7th day of January 2004 and the 9th day of February 2004 Leslie Charles Bonner T/A L.C. Bonners Transport being a responsible person at a workplace failed to ensure that commercial vehicle drivers who were required to drive a commercial vehicle that formed the whole or part of the workplace drove in accordance with regulation 3.132(2)(a) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984; contrary to Regulation 3.131(1)(a) of the Regulations.

The defendant operates a transport business specializing in the transport of animal feed, grain and fertilizer. The defendant employs a number of commercial vehicle drivers as defined in regulations 3.130 of the Occupational Safety and Health Regulations.
On 22 February 2004 WorkSafe inspectors visited the defendant's business premises at Maddington. When the inspectors examined trip records relating to a number of commercial drivers during January and February 2004 it was found that hours being worked by the commercial vehicle drivers exceeded the maximum work times specified in the Occupational Safety and Health Regulations and insufficient breaks were being taken by drivers. The charges preferred are a representative selection of the breaches identified (which were in the region of 100 instances of commercial vehicle drivers failing to drive in accordance with regulation 3.132(2)(a) of the Occupational Safety and Health Regulations). The trip records accurately reflected the work times and non-work times of the drivers involved.

The defendant controls trip schedules and the allocation of work to drivers. The defendant collected daily trip sheets from drivers and at all relevant times had knowledge of the work times and break times of the drivers.

[1] On 8 January 2004 a commercial vehicle driver employed by the defendant, commenced work at 0700 and worked until 2200. He then had a break of 8 ½ hours before commencing work on 9 January 2004 at 0620. The driver then worked until 0250 on 10 January 2004 (a period of approximately 21 hours) with only short breaks totalling 2 hours. The driver then had a break of just over 3 hours before commencing work again on 10 January 2004 at 0600. The driver then worked until 1700 on 10 January 2004 (a period of 11 hours). Thus the driver did not have each period of 7 consecutive hours of non-work 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.

[2] On 27 January 2004 a commercial vehicle driver employed by the defendant, commenced work at 0530 and worked until 1830 (a period of 13 hours). The driver then had a break of 11 hours before commencing work on 28 January at 0530. That day the driver worked for 19 with only 3 breaks of ½ hour each before finishing work at midnight. After 4 hours break the driver commenced working on 29 January 2004 at 0400 and worked for 15 hours, taking two 30-minute breaks before finishing at 1900. On 30 January 2004 after the driver had had 8 hours break he commenced work at 0300 finishing at 1730 (a period of 14 ½ hours). Regulation 3.130 provides that 'work time' includes a break from driving or incidental work lasting less than 30 minutes. Thus the driver had only 25 ½ hours non-work time in the 72 hours when he was required to have had at least 27 hours non-work time.

[3] On 27 January 2004 a commercial vehicle driver employed by the defendant, having had at least 7 consecutive hours of non-work time, commenced work at 0200 and worked until 1945 (a period of 17 ¾ hours). The driver then had a break of 8 ¼ hours before commencing work on 28 January at 0400. That day the driver worked for 15 ¾ hours, finishing at 1945. After 7 ¾ hours break the driver commenced working on 29 January 2004 at 0330 and worked for 16 ¼ hours, finishing at 1945. On 30 January 2004 the driver commenced work at 0345. Thus the driver had worked for longer than 17 hours before having one of the three 7 consecutive hours non-work time that he was required to have in 72 hours.

[4] On 5 February 2004 a commercial vehicle driver employed by the defendant, having had at least 7 consecutive hours of non-work time, commenced work at 0500 and worked until 2200 (a period of 18 hours). The driver then had a break of 8 ½ hours before commencing work on 6 February at 0630. That day the driver worked for 18 ½ hours, finishing at 2200. After 7 ½ hours break the driver commenced working on 7 February 2004 at 0530 and worked for 19 hours, finishing at 0030 on 8 February 2004. Thus the driver worked for longer than 17 hours before having 7 consecutive hours non-work time that he was required to have three times within the 72-hour period.

[5] On 19 January 2004 a commercial vehicle driver employed by the defendant, commenced work at 0500 and worked until midnight (a period of 19 hours) with some short breaks and a break of 2 hours at 1730 until 2130. The driver then had a break of 5 consecutive hours before commencing work on 20 January 2004 at 0500. That day the driver worked for 19 hours minus some short breaks and a break of 1 hour between 1830 and 1930, finishing at midnight. After 5 hours break the driver commenced working on 21 January 2004 at 0500 and worked for 19 hours minus some short breaks and a 1 1/2 hour break at 1830, finishing at midnight. On 22 January 2004 after the driver had had 6 hours break he commenced work at 0600. In that 72-hour period the driver did not have any periods of non-work time that were at least 7 consecutive hours.

[6] On 27 January 2004 a commercial vehicle driver employed by the defendant, commenced work at 0430 and worked until 2030 with only one half hour break (a period of 15 1/2 hours). The driver then had a break of 8 1/2 hours before commencing work on 28 January at 0500. That day the driver worked until 2200 taking only one 1/2 hour break (a period of 16 1/2 hours work time). After 8 hours break the driver commenced working on 29 January 2004 at 0600 and worked for 14 1/4 hours without any breaks finishing at 2015. On 30 January 2004 after the driver had had 7 3/4 hours break he commenced work at 0400 finishing at 1815 (a period of 14 1/4 hours). Regulation 3.130 provides that 'work time' includes a break from driving or incidental work lasting less than 30 minutes. Thus the driver had only 25 1/4 hours non-work time in the 72 hours when he was required to have had at least 27 hours non-work time.

It was practicable for the defendant to have ensured, through proper trip scheduling, time allowed for trips, instruction and/or training of drivers and procedures in place with appropriate internal enforcement of those procedures, that the commercial vehicle drivers working for him drove in accordance with the operation standards contained within the Occupational Safety and Health Regulations.