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Skodel Newsletter
Logistics Group Collapses Following
$1.43M Fatigue-Related Fine
Transport & Logistics · Fatigue & Job Demands · Case Study
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In August 2022, a 27-year-old delivery driver died after his van drifted into the path of an oncoming truck near Shepparton, Victoria.
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He was 12 hours into an overnight shift, the 17th consecutive night on the same 796-kilometre run.
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WorkSafe Victoria found the employer had no adequate system to manage fatigue. The company was convicted and fined $1.43 million.
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The company has since collapsed into liquidation, leaving creditors more than $2 million out of pocket.
Transport & Logistics is ranked 4th highest for workforce strain in Skodel's cross-industry benchmark.
Skodel Case Analysis
What Happened
The Facts
Onkar Group (Bakeology) · Wangaratta County Court · 2025
01The driver completed 17 consecutive overnight shifts on a 796 km delivery run, most exceeding 12 hours, without adequate rest breaks.
02At the time of the collision, he was 12 hours into his shift. His van drifted into oncoming traffic at Kialla West, south of Shepparton.
03WorkSafe Victoria found no system existed to limit hours, mandate rest breaks, or provide fatigue awareness training to the driver.
04Company director Maninder Singh Nagi was personally convicted for failing to exercise reasonable care as an officer of the business.
05An adverse publicity order was issued, requiring the company to publicise the offence, consequences, and penalty in an industry publication.
Skodel Case Analysis
Legal Outcomes
Penalties Imposed
Guilty pleas entered across five charges under the OHS Act
Company: Reckless endangerment
$1.1M
Recklessly placing a worker at risk of serious injury
Company: Aggregate
$250K
Failing to provide a safe workplace and protect non-employees
Director: Personal fine
$80K
Officer liability for attributable OHS contraventions
Total exposure
$1.43M
Plus adverse publicity order and reputational consequences
Officer liability. Psychosocial risk is not just an HR and HSEQ issue. Where a director's failure to act is directly attributable to the harm, personal conviction follows.
Skodel Case Analysis
Hazards & Risk Factors
Psychosocial Hazards at Play
Based on WorkSafe Victoria recommendations and case facts
01
Excessive Job Demands17 consecutive nights · most shifts exceeding 12 hours · 796 km runs
High
02
FatigueNo rest break system, no hour limits, no recovery time between shifts
High
03
Poor SupportNo fatigue training provided and no mechanism to raise concerns
Mod-High
Transport & Logistics in the Benchmark
Government & Regulation52.3%
Animal Welfare40.7%
Healthcare31.6%
Transport & Logistics22.6%
Education18.4%
Construction Services18.3%
Disability & Social Services13.8%
22.6% of Transport & Logistics workers in our dataset report sustained strain, higher than Education and Construction.
Skodel Case Analysis
Employer Obligations
What Employers Must Have in Place
Obligations identified by WorkSafe Victoria as reasonably practicable controls
Scheduling Controls
No more than 10 hours in any 11-hour period without a minimum 15-minute continuous rest break
No more than 12 hours in any 24-hour period without at least 7 continuous hours stationary rest
No more than 72 hours in any 7-day period without a minimum 24 continuous hours stationary rest
No more than 144 hours in any 14-day period without two consecutive nights off (10pm to 8am)
Training & Communication
Provide workers with information on the causes, signs, and symptoms of fatigue
Deliver instruction and training on fatigue prevention, including the need for continuous rest periods
Systemic Controls
Develop and implement written fatigue policies covering maximum daily hours, average weekly hours, time of day, and work-related travel
Control overtime, shift-swapping, and on-call duties through formal scheduling systems
Enable staff to speak up about fatigue without fear of consequences. WorkSafe Victoria identified this as a required control, one that depends on actively building psychological safety within the organisation.
Skodel Cross-Industry Benchmark
Control Effectiveness
The Skodel Signal
Measuring whether this control is effective
WorkSafe Victoria identified psychological safety to speak up as a required control. Skodel measures this directly. Across our cross-industry benchmark, 15% of workers disagreed or strongly disagreed with the statement:
"I feel safe and supported to speak up"
15% disagree
This measure scored reasonably well relative to others in the dataset. Where WorkSafe Victoria has identified psychological safety to speak up as a required control, it may be useful for your organisation to track this measure as part of monitoring whether that control is effective in practice.
Assessing psychosocial risk in your workforce
Skodel supports organisations in assessing psychosocial risks and monitoring control effectiveness without it becoming burdensome. View a sample Skodel psychosocial risk report to see how it works in practice.
View Sample Report →skodel.com · Psychosocial Risk Management
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