A warehousing and logistics company and its director has been charged over a fatigued driver death.

WorkSafe Victoria has charged a Victorian warehousing and logistics company, Onkar Group Pty Ltd, along with its sole director, Maninder Singh Nagi, 48, following the death of a delivery driver in August 2022. 

The driver was twelve hours into his shift, delivering baked goods to various locations in Victoria's north, when his van veered into the path of an oncoming truck at Kialla West.

Both Onkar Group and Nagi face charges under section 32 of the Occupational Health and Safety Act for recklessly engaging in conduct that placed another person in danger of serious injury at a workplace. 

It is alleged that they failed to mitigate the risks associated with fatigue, such as slower reaction times, lapses in attention, or falling asleep, by not ensuring the worker took adequate stationary rest breaks and time out of the vehicle.

Additionally, Onkar Group faces 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 that persons other than employees were not exposed to health and safety risks. 

WorkSafe Victoria alleges that the company did not provide and maintain safe systems of work, necessary information, instruction and training, and adequate supervision concerning fatigue management.

Nagi, as the director, is also facing six charges under section 144(1) of the OHS Act for failing to take reasonable care in his role, contributing to the alleged breaches by the company. 

The case is scheduled for a filing hearing at the Shepparton Magistrates' Court on 2 August 2024.