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Safety at Work - when driver fatigue is the employer's respnsibility. |
A recent court case extends an employer's workplace beyond what it has been commonly thought to be. The case also found that that the director of a trucking company was personally liable under health and safety legislation for a fatigue-induced accident that resulted in one of its drivers being killed. |
With estimates that 17 per cent of fatal crashes in NSW involve heavy trucks, though they only make up around two per cent of registered vehicles, the case has far-reaching implications for companies in the transport industry and their obligation to effectively manage the risks of driver fatigue. |
Apart from examining the system of work for breaches of safety regulations, a second issue in the case was the legal definition of 'place of work'. The judge noted that place of work included any vehicle, and he rejected the notion that the employer's place of work be limited to a fixed geographical location such as a central office. He concluded that the company's trucks, wherever they may be, including the one being driven at the time of the accident, were places where the company's work was performed. |
The case sends warnings to all employers in the transport industry, and emphasises that they must take an active role in the promotion and maintenance of safety as it relates to fatigue. Contact Peter McNamara if you have concerns about your legal obligations over workplace safety. |
peter.mcnamara@cmlawyers.com.au
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