Charges Over Fatigued Driver

Chain of Responsibility laws cover rules for designated heavy vehicles eg semi-trailers, and workplace safety laws are used to enforce safety for smaller vehicles.

In August 2022, a delivery driver, engaged by a logistics company, was 12 hours into a shift delivering goods to various locations when his van drifted into the path of an oncoming vehicle. The delivery driver died in the accident.

It is alleged that the delivery driver was fatigued and likely fell asleep at the wheel.

WorkSafe Vic have charged the logistics firm and it’s sole director with breaches of the OHS Act including; S.21 employer’s general duty of care, and S.32 recklessly exposing a person to serious injury or death.

It has been asserted the logistics company did not ensure; the driver took adequate stationary rest breaks, or spent adequate time out of the vehicle, and this created the risk of slower reaction times and lapses of attention, or falling asleep at the wheel.

Businesses involved in deliveries or trucking need to ensure drivers comply with prescribed rest breaks, and company rules to ensure safe operation.