Chain of Responsibility ISSUES AND RESPONSIBILITIES Managers and
Chain of Responsibility ISSUES AND RESPONSIBILITIES Managers and Supervisors
Co. R Legislation n 2008 – Legislation enacted n Compliance & Enforcement (C&E) Framework n National Approach to Issues n Fatigue n Mass, Dimension and Load Restraint n Speeding Compliance n Dangerous Goods n Road Transport (General) Act n Responsible Person concept
Responsible Person n Road Transport (General) Act – Section 20 n Responsible Person Defined as n Owner of a vehicle n Driver of a vehicle n A person who loads goods n A person who controls or directly influences the loading or operation of a vehicle or combination n Agent, employee or employer of any other person named n We are all in the “Chain of Responsibility”
Reasonable Steps Defence n Must not cause by act or omission, the driver of a regulated heavy vehicle; n To drive whilst impaired by fatigue n Drive whilst in breach of work/rest hours n Drive in breach of another law n We need to be able to demonstrate that our business practices, actions and procedures are such that we do not cause the above. n Documentary evidence
Reasonable Steps Defence n Everyone needs to be aware of their responsibilities n Minimum requirements document has been developed to assist n Intranet>>Logistics>>Heavy Vehicle Driver Fatigue n On Parramatta common drive you will find Co. R documents including fact sheets, regulations, presentations n L: LogisticsCo. R
Work / Rest definitions n A driver’s WORK time is: n The time a driver spends driving a heavy vehicle; and n Any other time spent performing tasks related to the operation of a heavy vehicle, eg: n Loading or unloading the vehicle; n Inspecting, servicing or repairing the vehicle; n Cleaning or refuelling the vehicle; n Recording information or completing paperwork relating to the vehicle; n Helping with or supervising any of the above.
Work / Rest definitions REST time is any period that is not work. Rest time is counted in 15 minute blocks and is always rounded down, e. g. a period less than 15 minutes does not count as rest, whilst a period between 15 minutes and 30 minutes is counted as 15 minutes rest, etc. n Rest breaks can be taken: n At suitable locations on the job site, at the driver’s base or at the side of the road; n In the truck (even in the driver’s seat) with the engine running when this is necessary to rotate the barrel or to run a/c; n If the vehicle is stationary for at least 15 minutes, the driver may record the period as a rest break; n When waiting to load or unload. n
Drivers Hours – Standard Hours
Drivers Hours – BFM
Reasonable Steps Defence n MANAGERS/SUPERVISORS OF DRIVERS: n Managers and Supervisors of truck drivers must: n Ensure new drivers are sufficiently trained on fatigue issues; n Ensure Work and Rest limits are adhered to; n Make alternative arrangements for any driver who cannot complete a load, or return from a load within his legal Work limits; n Act as “Record Keeper” for company drivers: n Ensure Work and Rest is being documented daily (Work Diary or Daily Log Sheet) n Ensure Work and Rest limits are not breached n Retain documentation for a minimum 3 years n Ensure LOD’s comply with fatigue rules n Check documentation by sampling periodically: n At regular meetings; and n Randomly.
Speed Compliance n Do not encourage or allow speeding by drivers. n Drivers should be recording all times on their log sheets as well as kilometres travelled to each delivery or site. This becomes a reasonable step defence for the driver and yourself as average speed can be proven. n Just as average speed cameras as used to fine drivers, average speed can become a reasonable steps defence.
Mass Compliance Do not accept any incoming delivery if the truck exceeds it’s mass limits or dimension limits. You have committed a breach and encouraged the driver or transport company to commit a breach. Accepting such a load rewards the driver or transport company as they are usually paid by delivered quantity. Do not allow a docket to be issued if an out going truck exceeds its mass or dimension limits. If a tipper’s tarp cannot close then the load exceeds that truck’s dimension limits. If a truck is overloaded the driver must partially discharge or tip enough material so that the load is within the legal limit for that vehicle.
Load Restraint n Do not allow any truck to be loaded or accept any load if that truck’s load restraint system appears unsafe or unsuitable for the proposed load, e. g. the tarping system appears damaged, inoperative or missing; or the load restraints are broken, damaged or missing.
Fitness For Duty n Drivers must report for work fit, ready and willing to work. n All drivers must take their required rest breaks. n If a driver reports that he needs to take a short break than that must be allowed. Do not refuse any driver request for a short break. n If a driver is regularly taking more short breaks than other drivers on the same work then that becomes grounds for counselling to find why the driver is tired. Reasons could include family problems, medical issues or lifestyle issues. The reason needs to be managed.
Other Parties in Supply Chain The Co. R regulations extend the scope of liability to those parties who know or ought to know that their actions or inactions may, cause, encourage or contribute to any breach and therefore bear a level of responsibility for any such breach. If a customer tells a driver to hurry back because he wants his next load quicker he has committed a breach – he has encouraged that driver to speed. If you hear a customer say, or are told a customer has said, anything that may cause or encourage a driver to speed, not take rest breaks or overload a truck, and you don’t take corrective action then you have committed a breach through your inactions.
Other Parties in Supply Chain A customer who extends his order, or places an order, without reasonable notice has committed a breach in that he should have known that his action may, cause, encourage or contribute to a driver breaching his work and rest hour restriction. If you hear a customer say, or are told a customer has said, anything that may cause or encourage a driver to speed, not take rest breaks or overload a truck, and you don’t take corrective action then you have committed a breach through your inactions.
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