Could your business survive a $1.43 million fine – and the loss of a life on your watch?

A recent WorkSafe Victoria prosecution has sent a powerful message to Australian employers… failing to manage workplace fatigue can have tragic – and extremely costly – consequences.

A Keysborough warehousing and logistics company and its sole director were convicted and fined a total of $1.43 million after a fatigued delivery driver was killed in a crash. The driver, 12 hours into his shift, drifted into the path of an oncoming truck. WorkSafe’s investigation found the company had failed to provide essential information, instruction, and training on fatigue management, and did not ensure workers received necessary rest breaks or supervision1.

Why Fatigue Management Is a Legal and Moral Imperative

This case is not an isolated incident. In 2024 alone, Victorian employers faced over $13 million in fines for workplace safety breaches, with transport, warehousing, and logistics among the highest-risk sectors2. Courts are increasingly holding both companies and individual directors personally accountable for failing to protect workers from known risks – including fatigue.

Fatigue is More than Just Feeling Tired

Fatigue is a state of physical and mental exhaustion that affects judgment, slows reaction times, and increases the risk of errors and accidents. For drivers and machine operators, the consequences can be fatal. That’s why it’s vital for workplaces to educate employees on how to recognise, manage, and confidently speak up about fatigue – before it leads to harm.

What Does the Law Require?

Under the Occupational Health and Safety Act, employers must:

- Provide information, instruction, and training on fatigue risks
- Supervise and monitor workers to ensure safe work hours and adequate rest
- Implement systems to identify, assess, and control fatigue risks
- Take all reasonably practicable steps to protect both employees and others affected by their operations3

Directors and officers must also exercise due diligence to ensure their company complies with these obligations.

Key Steps to Protect your People and Business

- Review Work Schedules
  Avoid excessively long shifts and ensure adequate breaks.
- Educate Your Workforce
  Provide training on the signs, risks, and management of fatigue.
  Register your interest for face-to-face or onsite fatigue management training tailored to your organisation.
- Monitor and Intervene
  Use technology and supervision to identify fatigue before it leads to harm.
- Foster a Safety Culture
  Lead from the top, encourage workers to take adequate breaks and speak up if they feel fatigued, and act promptly on concerns.

Safety is a Shared Responsibility

While employers must lead with strong systems and oversight, employees also have a legal and moral duty to follow fatigue management protocols, speak up when unfit for work, and prioritise safety over convenience. A 2023 prosecution by the Office of the National Rail Safety Regulator (ONRSR) highlighted this clearly – a Protection Officer was fined $50,000 for repeatedly breaching fatigue rules – knowingly working back-to-back shifts and exceeding maximum hours, despite prior warnings.

The court found his actions endangered not only his own life but also the lives of other track workers who relied on him for their safety. The case underscores that individual accountability matters⁴.

How Alcolizer Technology Can Help

We help organisations take proactive steps to manage risk and safeguard their teams – so that at any moment, your business is doing everything “reasonably practicable” to protect your people.

Our team lives and breathes drug and alcohol testing. We bring decades of experience, industry-leading technology, and a relentless focus on your outcomes – not just your obligations. We tailor every solution to your unique risks, workforce, and operational realities. Our customised solutions can include:

- Face-to-face training 
  In fatigue management, drug & alcohol awareness, reasonable suspicion (“for cause”) testing and customised training programs
- Nationally recognised training
  HLTPAT005 – Collect specimens for drugs of abuse testing
- Certified drug and alcohol testing solutions
  Compliant with Australian and New Zealand Standards
- 24/7 nationwide onsite testing
  Delivering rapid, reliable services 365 days of the year
- Data analytics and integrated reporting
  For actionable insights to support compliance and continuous improvement
- Comprehensive support
  Including service, calibration, and ongoing technical assistance
- Policy, procedure, and toxicology consulting
  Expert guidance tailored to your workplace needs

True safety comes from leadership, training, and a commitment to continuous improvement. If you’d like to review your fatigue management or risk controls, our team is here to help.

Get in touch with our team who can tailor a session to your workforce’s needs.

Don’t Wait for a Tragedy or a Prosecution to Act

Make fatigue management a priority – because every worker deserves to get home safely.

For more information on fatigue management, drug and alcohol testing or to discuss how Alcolizer Technology can support your safety goals, register your interest online.

Source
(1) Company and director fined $1.43 million after fatigued driver’s fatal crash – WorkSafe Victoria
(2) Employers cop $13.3 million for safety breaches in 2024 – WorkSafe Victoria
(3) Work-related fatigue: A guide for employers – WorkSafe Victoria
(4) Repeat Offender Cops Fatigue Conviction