|Defendant||Thornett Nominees Pty Ltd|
|Trading Name||Global Transport Logistics|
|Regulation|| 3.131(1)(b),  3.133|
|Offence Date||Between 10/9/2004 and 8/12/2004|
|Description of Breach(es)||
 Between 10 September 2004 and 8 December 2004 at Myaree THORNETT NOMINEES PTY LTD T/A GLOBAL TRANSPORT LOGISTICS, being an employer failed to ensure that its commercial vehicle drivers who were required to drive commercial vehicles that formed the whole or part of the workplace were certified by a medial practitioner as fit to drive the vehicle; contrary to regulation 3.131(1)(b) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Regulations 1984.
 Between 10 September 2004 and 8 December 2004 at Myaree THORNETT NOMINEES PTY LTD T/A GLOBAL TRANSPORT LOGISTICS, being an employer failed to ensure that a driver fatigue management plan was developed by a competent person for every commercial vehicle driver that was required to drive a commercial vehicle that formed the whole or part of the workplace; contrary to regulation 3.133 of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Regulations 1984.
The accused operates a transport business under the name Global Transport Logistics that is involved in the transport of containers to and from the Fremantle wharf. The accused operates out of premises in Myaree and employs 7 or 8 commercial vehicle drivers who drive more than 60 hours per week. The accused owns commercial vehicles that the commercial vehicle drivers operate in the course of their work so that the commercial vehicles form the whole or part of their workplace.
In April 2004 a WorkSafe Inspector became aware that the accused did not have any fatigue management plan as required by regulation 3.133 of the Occupational Safety and Health Regulations 1996 and did not ensure all drivers had been certified as medically fit as required by regulation 3.131(1)(b) of the Regulations. The accused was issued with improvement notices to remedy those two matters. The Inspector provided information concerning these matters in order to assist the accused to comply with the notices. The accused did not comply with the notices.
The inspector again visited the premises in August 2004 and in order to give the accused another chance to comply he issued more improvement notices relating to accused's failure to have a fatigue management plan and failure to ensure drivers were certified as medically fit, requiring compliance by 10 September 2004. At this time the inspector also provided the accused with a letter warning it that a failure to remedy the contraventions could result in prosecution action being taken. By 8 December 2004 the accused still did not have a fatigue management plan and had not ensured its drivers were certified as medically fit.
In a record of interview given by the accused's managing director he stated that business had been in a state of rapid growth and simply had not had time to remedy these contraventions. He also stated that since 8 December 2004 the accused had taken action to remedy the contraventions.
The accused pleaded guilty.
|Conviction Date||30 Aug 2005|
|Court||Magistrates Court of WA - Fremantle|
|Charge Number|| 5806/05,  5807/05|