Victorian company and its director facing charges in connection with the death of a fatigued driver

Victorian Company and Its Director Facing Charges in Connection With the Death of a Fatigued Driver

WorkSafe has charged Keysborough-based warehousing and logistics company and its director following the death of a fatigued driver in August 2022. Victoria's regulator alleges systemic failures in managing worker fatigue contributed directly to the fatal incident.

The employee had been working for 12 hours continuously, transporting baked goods to different destinations in the northern region of Victoria. Unfortunately, his delivery van veered into the lane of an approaching truck at Kialla West.

Charges Under Victoria's OHS Act

Both the logistics company and its director have been charged under section 32 of the OHS Act for reckless behavior that endangered the safety of another individual in the workplace, potentially causing serious injury. This provision of Victoria's OHS legislation carries significant penalties for organisations found to have disregarded worker safety obligations.

WorkSafe alleges that both parties failed to reduce the risk of slower reaction times, lapses in attention or falling asleep by ensuring the worker took adequate stationary rest breaks and time out of a vehicle. Fatigue management remains a critical health and safety concern across Australia's transport and logistics sectors, where long-haul driving schedules can compromise both driver wellbeing and public safety.

Why Fatigue Management Matters for Worker Safety

This case highlights broader obligations facing employers under Victorian OHS law regarding driver safety and rest breaks. Companies operating vehicle fleets must demonstrate active management of fatigue-related risks rather than relying on workers to self-regulate their own limits.

Employers seeking guidance on managing fatigue-related risks should review documented safe work method statements and workplace health policies to ensure compliance obligations are met consistently across their operations.

Similar enforcement actions demonstrate WorkSafe's ongoing commitment to holding organisations accountable, as seen in cases involving a Victorian company facing charges over a worker's death and a separate case where a health service faced charges over a patient's death.

For more information, visit the WorkSafe Victoria website.