Prosecution summaries
Defendant:
Allan Anthony Scari
Trading Name:
Not applicable
Description of Breach(es)
Section: 47(1)(d) and 54
Breach(es):
Provided to an inspector information that was false or misleading in a material particular, contrary to sections 47(1)(d) and 54 of the Occupational Safety and Health Act 1984.
Background Details:
The accused is employed by a medium sized trucking company as a Transport Operations Manager. The majority of the company's business concerns the hauling of road trains and B Double combinations over long distances, with destinations in the eastern states and Northern Territory.
Prior to 18 January 2006 a WorkSafe Inspector attended the company's premises at Bibra Lake, for purposes related to the performance of his duties under the Occupational Safety and Health Act 1984. In particular, the Inspector was conducting an investigation into the safe management of fatigue amongst drivers engaged by the company. In the course of his investigations, the Inspector obtained a statement from a driver engaged by the company. This statement was obtained in late October 2005. Amongst other things, the driver stated that he had not, while driving for the company, ever been asked for a medical certificate to drive trucks.
On 18 January 2006, the accused provided documents to the Inspector purporting to be a medical certificate and accompanying examination notes in respect of an examination of the driver conducted by a medical practitioner on 6 June 2005. The purpose of the examination and certificate was to establish and certify the driver's fitness to drive a commercial vehicle. Later inquiries made of the relevant medical practitioner by the Inspector revealed that the examination to which the certificate and examination notes relate in fact took place on 17 January 2006. No medical examination of the driver was conducted on 6 June 2005.
Subsequently, the Inspector and another WorkSafe Inspector attended the premises of the company on 7 February 2006 and spoke with the accused. At this time the accused admitted that he had altered the date on the medical certificate in an effort to prevent his employer from getting into trouble with WorkSafe for allowing the driver to drive a commercial vehicle when he had not been certified as medically fit to do so.
The accused pleaded guilty.
Charge Details:
Convicted on Tuesday, September 12, 2006 at Magistrates Court of Western Australia - Fremantle.
Fine(s): $2000
Costs: $320.70