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Prosecution Details

Defendant Western Australian Government Railways Commission
Trading Name Westrail
Section 19(1)(a)
Regulation Not applicable
Offence Date Friday, 9 February 1990
Description of Breach(es)

Section 19(1)(a) of the Occupational Health, Safety and Welfare Act 1984 - the employer failed to provide a safety system of work where employees were not exposed to hazards.

Background Details

An accident occurred on 9 February 1990, which resulted in the death of an employee, when the truck he was driving crashed into a tree on the out-skirts of Bindoon.

The employee was returning to his home base in Kewdale after attending two derailments, one in Northam and the other in Calingiri, which had entailed a prolonged period of overtime without an adequate break for sleep.

The truck the employee was driving drifted across the crown of the road and crossed over onto the opposite verge. The truck then crashed into a tree. The force of the collision completely destroyed the vehicle cab. The employee had been thrown out of the vehicle and his injuries proved to be fatal.

The defendant pleaded guilty.

Outcome Summary convicted
Conviction Date 26 Sep 1990
Court Perth Court of Petty Sessions
Fine $15,000
Costs $78.70
Charge Number unknown