Sleepy judges and truck drivers in the spotlight

An Australian Exhibitions and Conferences product story

Edited by the Engineeringtalk editorial team Sep 13, 2005

Uproar over a judge's courtroom sleepiness and new legislation tackling fatigue in the trucking industry show both blue and white collar workers are at risk when it comes to workplace fatigue.

The uproar over Justice Ian Dodd's courtroom sleepiness and new legislation tackling fatigue in the trucking industry show both blue- and white-collar workers are at risk when it comes to workplace fatigue, according to speakers at The Safety Conference.

An entire stream will be dedicated to sleep safety at The Safety Conference, which is sponsored by WorkCover NSW and runs from October 26-28 at the Sydney Showground, Australia.

Hosted by the Safety Institute of Australia, the conference will bring together eight speakers to discuss fatigue's legal implications, health impacts and latest treatment research.

Speaker Ron Grunstein of the Woolcock Institute of Medical Research said it was time sleepiness was taken seriously by Australians.

"Historically, public sleepiness has often been seen as synonymous with 'sloth' or laziness, rather than being considered a medical symptom or sign of workplace danger," Mr Grunstein said.

Citing the Daily Telegraph's pursuit of sleep apnoea sufferer Judge Dodd as an example, Mr Grunstein said the community was "increasingly taking a punitive view towards workplace sleepiness without proper examination of the causes or investment in strategies to manage this safety risk".

A second speaker from the Woodcock Institute of Medical Research, Naomi Rogers, will tell delegates at The Safety Conference of the latest alternatives for fatigue management, including melatonin, stimulants, napping and high-tech drowsiness detection devices.

Ms Rogers said devices currently being researched measure eye blinks or monitor brain waves to warn of sleepiness.

Many of the devices are being tested in the trucking industry, where sleep is one of the most dangerous workplace hazards.

According to the NSW Road Traffic Authority, about 8 per cent of heavy truck fatal crashes involve a fatigued driver.

In response, new NSW regulations due to come into effect from 1 March 2006 will make fatigue management plans compulsory and include formal responsibilities for large consignors.

Deacons lawyers, Michael Tooma and Holly Howison, will analyse the obligations under the legislation for delegates at The Safety Conference practical tips for compliance.

Mr Tooma said the Occupational Health and Safety Amendment (Long Distance Truck Driver Fatigue) Regulation 2005 was "definitely prosecutable".

"The regulation's provisions are most likely to be used as a benchmark".

"The OHS Act has always been broad enough to capture consignees and consignors but this adds to the armoury of tools for inspectors," he said.

"I expect that when it comes into effect in March next year, there will be a flood of activity from the regulator to test enforcement, including prohibition and improvement notices, with a test case involving a consignor and consignee".

Ian Blume, of WorkCover's Retail, Wholesale, Transport and Storage Team, said the regulator would do all it could to assist consignors and consignees come to terms with the new requirements before taking any action.

"The regulation will clarify what needs to be done on behalf of the consignor and consignee," he said.

"The drivers have an obligation to cooperate with the employer and also have obligations under the road traffic legislation".

Hosted by the Safety Institute of Australia, The Safety Conference is expected to draw around 1000 safety professionals as delegates from Wednesday 26 to Friday 28 October at Southee Complex, Sydney Showground, Sydney Olympic Park, Australia.

It will run in conjunction with The Safety Show, which is also sponsored by WorkCover NSW.