
The Safety Regulator has charged a Director and his business with recklessly endangering a fatigued delivery driver who was killed in a car accident after 12 hours into a shift delivering goods to various locations.
The Safety Regulator alleged the Director and his business failed to ensure the driver:
was provided with adequate health and safety information, instructions and training;
was provided with proper supervision in relation to fatigue management;
took adequate stationary rest breaks; and
spent an adequate amount of time out of his vehicle, to reduce the risk of him experiencing slower reaction times and lapses in attention, or falling asleep at the wheel.
Our Take
This is a serious issue. The Director could be jailed for up to five years and fined up to 1,800 penalty units (equating to $332,856 at the time of the fatality), while his company faces a maximum fine of 20,000 penalty units ($3,698,400).
Fatigue is one of the key ‘known’ psychosocial hazards as set out by Safe Work Australia and just one of the contributing factors for burnout. It deserves better attention than workplaces are currently giving it - particularly where is known that regular hours are in excess of 8 to 10 hours per day, and the working environment is particularly dangerous (driving has a high risk in itself).
Action Items
obtain up-to-date knowledge on fatigue related risk
get a genuine understanding of how fatigue impacts on your business operations;
monitor fatigue related issues
provide appropriate resourcing
assess your fatigue related tasks and implement appropriate control measures
train your front line managers and workers on how to effectively manage fatigue;
audit and review regularly
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