Company and director charged over fatigued driver death

The worker was 12 hours into a shift delivering baked goods to various locations in Victoria's north when his delivery van drifted into the path of an oncoming truck at Kialla West.

Onkar Group Pty Ltd and director Maninder Singh Nagi, 48, face one charge each under section 32 of the Occupational Health and Safety Act for recklessly engaging in conduct that placed another person at a workplace in danger of serious injury.

It is alleged both 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.

The company faces a further three charges under section 21(1) of the OHS Act for failing to provide a safe workplace and three charges under section 23(1) of the OHS Act for failing to ensure persons other than employees were not exposed to health and safety risks.

WorkSafe alleges the company failed to provide and maintain safe systems of work; failed to provide necessary information, instruction and training; and failed to provide necessary supervision in relation to fatigue management.

It is alleged those breaches were attributable to Nagi's failure to take reasonable care as director, for which he faces a further six charges under section 144(1) of the OHS Act.

The matter is listed for a filing hearing in the Shepparton Magistrates' Court on 2 August 2024.