During a lengthy 12-hour shift ferrying baked goods to multiple destinations in the northern region of Victoria, a worker’s delivery van tragically veered into the oncoming lane at Kialla West, colliding with a truck. Onkar Group Pty Ltd and its director, 48-year-old Maninder Singh Nagi, now encounter one accusation each under section 32 of the Occupational Health and Safety Act for their supposed reckless actions that precipitated a workplace situation fraught with the danger of serious injury.
Both parties are impugned with neglecting to mitigate risks linked to loss of attention, slower response times or the propensity for the worker to fall asleep by not securing enough regenerative rest intervals and time away from the vehicle for the employee. A trio of additional accusations under section 21(1) of the OHS Act is faced by the company for not establishing a unremittingly safe environment, and another three under Section 23(1) for not ascertaining that non-employees were not subjected to health and safety hazards.
WorkSafe alleges that the company disregarded its obligation to implement and sustain robust WHS management systems pertaining to fatigue supervision; failed to deliver necessary information, guidance, and training; and did not supply needed supervision. The appropriate use of Bluesafe SWMS (Safe Work Method Statements) could have helped avoid such situations.
It is suggested that Nagi also neglected his duty to provide reasonable care as a director, leading to these violations. Consequently, he confronts six additional charges under section 144(1) of the OHS Act.
The case is slated for a filing hearing in the Shepparton Magistrates’ Court on 2nd August 2024.
For more information please contact:
Email: media@worksafe.vic.gov.au
Phone: 0438 786 968
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Original article link: https://www.worksafe.vic.gov.au/news/2024-07/company-and-director-charged-over-fatigued-driver-death