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Hot off the press! Just released from OHS Alert. The NSW WCC President has confirmed a journey fatality was compensable because the incident was caused by the deceased woman's work-related fatigue.

The judge rejected the employer's claim, on appeal, that there was no evidence the worker was tired or fatigued at the time of her death.

He found it was "consistent with every day human experience" that someone who worked 60 hours over five consecutive night shifts would be "tired or suffering from some measure of fatigue".

It was argued that given the worker's long working hours in the days prior to her death, and the absence of any braking on the road at the accident scene, it was more probable than not that she fell asleep at the wheel.

The judge said he was "comfortably satisfied" work-related fatigue had a "real and substantial connection" to her death, under s10(3A) of the State Workers Compensation Act 1987.

He went on to say that the evidence showed the worker was new to working night shifts, had worked long hours in the previous five days, and complained to her parents that she was struggling with getting used to working at night.

"That evidence, coupled with the otherwise unexplained veering of her vehicle to the incorrect side of the roadway was more probable than not that the accident was caused by the deceased falling asleep at the wheel of her car due to work-related fatigue," he said in dismissing the employer's appeal.

For more information about this ruling visit Namoi Cotton Co-Operative Ltd v Stephen Easterman (as administrator of the estate of Zara Lee Easterman) [2015] NSWWCCPD 29 (4 May 2015)

Lessons for us?

• Shift patterns are crucial and some research has been done in this area. Make sure you have your WHS policy on shift management reviewed to ensure your employees are getting enough rest between shifts.
• This sets a precedent on the causal link to workplace fatigue and getting to/from work. Even if you don’t have shifts, any work place where employees are working excessive hours should be reviewed and strategies in place for workplace wellbeing initiatives.
• Flexibility in the workplace where people can work from home when they are doing long hours can avoid the trip in the car.
• Remind people in your workplace about the need to rest between shifts and don't be tempted to put people on double shift if resources are tight.
• Establishing a wellness program that encourages activity and exercise keeps people fit enough to maintain working longer hours or shift work.
• Educate your employees on how to manage shift work and the impact it can have on your wellbeing. That means how to structure meals, prepare for sleep when it's light outside, importance of exercise and managing a changing shift pattern.

For any help with managing your work place fatigue issues or you want to put in place some wellness programs, please call us on 1300 663 155 or email us.