Issue Date:  -  Wednesday, 29 September 2004

Fine in commercial driver fatigue case brings warning

The first successful prosecution under WA’s new laws on commercial vehicle driver fatigue has prompted a reminder to the transport industry.

Leslie Charles Bonner, trading as LC Bonners Transport, was fined $10,000 in the Perth Court of Petty Sessions last week after pleading guilty to six charges of failing to ensure that commercial vehicle drivers employed by him complied with the regulations covering hours of work.

WorkSafe inspectors visited Mr Bonner’s Maddington premises in February to examine trip records and found that the hours being worked by commercial vehicle drivers exceeded the maximum work times specified in the Occupational Safety and Health Regulations.

WorkSafe WA Commissioner Nina Lyhne said today that excessive working hours and inadequate breaks by commercial vehicle drivers could have tragic consequences, and the transport industry should take note that breaches of this type would not be tolerated.

“There is no doubt that fatigue is a significant occupational safety and health issue, and trucks in particular can become lethal when under the control of someone who, due to the effects of fatigue, is unable to fully concentrate on the job at hand,” Ms Lyhne said.

“Research shows that an alarming 30 per cent of rural crashes can be attributed to fatigue, and it is estimated that 25 per cent of fatal truck crashes are due to fatigue.

“A comprehensive code of practice for the management of fatigue has been in operation in WA since 1998, and regulations governing fatigue management for commercial vehicle drivers have been in place since July 2003.

“Transport operators should be familiar with the rules by now so there is no excuse to flout them, and inspectors will be coming down hard on those who put all road users at risk by allowing drivers to work long hours and risk fatigue.”

WorkSafe inspectors – along with the WA Police and Main Roads Heavy Vehicle Section – regularly conduct road blocks on the main heavy transport routes in WA to check trip records and ascertain that companies have fatigue management plans in place.

 “An enormous amount of effort and consultation has gone into fatigue management for commercial vehicle drivers over the past few years, and it is disappointing when we need to prosecute because an employer is not playing by the rules,” Ms Lyhne said.

“The working relationship that has been forged between WorkSafe, the WA Police and Main Roads Heavy Vehicle Section is proving to be extremely effective, and we aim to further develop it in an effort to gain a greater level of safety on WA roads.

“We have seen some horrific traffic crashes involving commercial vehicles over the years, and nobody wants to see that sort of tragedy happening as a result of fatigue when it is entirely preventable.

“The message needs to get across loud and clear that driver fatigue is a very serious issue, and this first prosecution should serve as a warning to employers that we will not hesitate to take action against anyone who disregards the laws.”

Further information on fatigue can be obtained by telephoning WorkSafe on 9327 8777 or on the website at www.safetyline.wa.gov.au.