Company and director charged over delivery driver's fatigue death
25 July 2024•BlueSafe Team•Source: WorkSafe VIC
Onkar Group Pty Ltd and director Maninder Singh Nagi face charges over the death of a delivery driver whose van drifted into an oncoming truck's path at Kialla West. WorkSafe alleges failures to manage the worker's fatigue.
The worker had been delivering baked goods across Victoria's north and was 12 hours into his shift when the collision occurred.
The company and Nagi, 48, each face a charge under section 32 of the Occupational Health and Safety Act of recklessly engaging in conduct that placed another person at a workplace in danger of serious injury.
It is alleged they failed to ensure the worker had adequate stationary rest breaks and time outside the vehicle to reduce the risks of slower reactions, lapses in attention or falling asleep.
Onkar Group also faces three charges under section 21(1) of the OHS Act relating to an alleged failure to provide a safe workplace, and three under section 23(1) relating to risks to people other than employees.
WorkSafe alleges the company did not provide and maintain safe systems of work or provide the necessary information, instruction, training and supervision for fatigue management.
Nagi faces six additional charges under section 144(1) of the OHS Act. It is alleged the company's breaches were attributable to his failure to take reasonable care as director.
A filing hearing is listed at the Shepparton Magistrates' Court for 2 August 2024.
How Blue Safe can help: Our free WHS self-check can help you review your business's approach to workplace health and safety and identify areas for closer attention, including fatigue management. Take the free WHS self-check