Document

Report
CHAIN OF RESPONSIBILITY
& FATIGUE REGULATIONS
PRESENTER: PAUL QUILLIGAN
Drill 2012 Adelaide
“Drilling into the Future”
CHAIN OF RESPONSIBILITY
• The Chain of Responsibility
means that all parties in the
supply chain share the
responsibility to manage
driver fatigue
• You need to cooperate and
consult with each other to
address fatigue risks
• Everyone achieves this by
taking ‘reasonable steps’ to
prevent fatigue
Drill 2012 Adelaide
“Drilling into the Future”
YOU are responsible.
It doesn’t matter what
your job title is!
WHAT ARE REASONABLE STEPS
• Regularly identify and assess the risks associated
with your activities;
• Manage those risks
• Eliminate the risk or
• Minimise the likelihood of the risk occurring
Drill 2012 Adelaide
“Drilling into the Future”
CHAIN OF RESPONSIBILITY
operators
receivers
consigners
consignees
distribution centres
schedulers
rosterers
loaders
unloaders
management
Drill 2012 Adelaide
“Drilling into the Future”
WHAT LEGISLATION MAKES
PROVISON FOR CHAIN OF
RESPONSIBILITY
•The term “chain of responsibility encompasses three separate
and different pieces of legislation under the provisions of the
 Transport Operations (Road Use Management ) Act 1995
Section 57B – mass, dimension and load security.
 Transport Operations (Road Use Management – Fatigue
Management) Regulation 1998 – fatigue related offences
Transport Operations (Road Use Management - Dangerous
Goods) Regulation 1998 – dangerous goods offences.
Drill 2012 Adelaide
“Drilling into the Future”
DRIVERS CANNOT BE
ROSTERED ON FOR MORE
THAN 6 DAYS WITHOUT A 24
HOUR CONTINUOUS BREAK
UNDER STANDARD HOURS
Drill 2012 Adelaide
“Drilling into the Future”
HEAVY VEHICLE OPERATING HOURS
Standard Hours
 12 hours driving in 24 / 72 hrs P/wk / 144 P/Fnight.
7 hrs continuous rest in 24 - 4 ‘nights’ rest in F/night
BFM – Letter from employer in cab
 Up to 14 hours driving in 24 / 72 hrs P/wk / 144 P/Fnight.
7 hrs continuous rest in 24 / 24 in 84hrs / 4 ‘nights’ in
F/night
36 hour rule – night work / long work
AFM – copy of Approval Certificate in cab
 Outer Limits each state – operator to propose own safety
management system with linked work hours - Industry
Panel to approve submission.
Drill 2012 Adelaide
“Drilling into the Future”
Under section 48(2) and the
Schedule 1 (Table 1) of the
Transport Operations ( Road Use
Management – Fatigue
Management) Regulation 2008 (‘the
Regulation’), such a driver must in
any period of seven days have a
minimum rest time of 24 hours.
Drill 2012 Adelaide
“Drilling into the Future”
INFRINGEMENT TABLE
Infringeable offences – guiding principles
•
Strict liability offences – generally, these offences are considered suitable to be
made infringeable because there is no requirement to prove a mental element
and their enforcement is relatively straightforward.
• Offences that contain an exception, proviso, excuse or qualification – These
offences are inherently more complex and include extra elements that need to
be proved and may be contested in a court. These offences are not suitable for
infringement.
• Offences requiring proof of intention , subjectivity – These offences are
generally not suitable to be made infringeable as they require an assessment
of behaviour against objective standards. They require proof of a state of
mind.
Minor, Substantial, Critical & Severe Offences
Not every level of offence is infringeable. Minor and Substantial risk offences
should attract infringement. Critical and Severe risk offences will automatically be
prosecuted.
Drill 2012 Adelaide
“Drilling into the Future”
CHAIN OF RESPONSIBILITY
• Further Liability Provisions for Extended
Liability Offences
57B. (1) This section only applies –
(a) for an extended liability offence
• Fatigue
• Weight of loads
• Over-dimensional
• Load restraint
• Dangerous Goods
• Speeding
Drill 2012 Adelaide
“Drilling into the Future”
COMPLIANCE & ENFORCEMENT
LEGISLATION
Authorities can enter a Heavy Vehicle place of business during working hours or anytime
in relation to death, injury or damage
FINES:
•
•
•
•
•
Breaches of the C&E act – from $5,000 for individuals – from $30,000 for companies
False or misleading statements - $10,050 MAX PENALTY
Providing false or misleading documents- $10,050 MAX PENALTY
Obstructing Authorised Officers - $8,050 MAX PENALTY
Courts can impose fines of 3 times the commercial advantage a company has gained from their
actions
DEFENCES TO ACT
•
•
•
•
•
Reasonable influence to prevent
Reasonable steps defense
Reasonable diligence to prevent
Not in a position to influence the conduct of the driver or person in control
Industry Codes of Practice
Having no knowledge of the offence is NO defense
•
Authorities will target – Codes of Practice & their treatment of concessions to Operators
If you promise to Do & DON’T – Authorities will take away your concessions!!
Drill 2012 Adelaide
“Drilling into the Future”
WHO ARE TRANSPORT
COMPLIANCE SOLUTIONS?
•Queensland owned and based company,
•Extensively involved in the development and implementation of alternative
compliance schemes such as the National Heavy Vehicle Accreditation
Scheme;
•We understand the unique requirements of the transport industry
•We have the systems, experience and knowledge to assist operations
regardless of fleet size or operation.
•Have been involved in the transport industry at all levels, for more than 30
years,
•We are an industry leader in the development and implementation of
systems designed to meet State and Federal compliance requirements within
the transport logistical chain.
•We provide a complete service, working with you to ensure that your
compliance requirements are met and that the users can clearly understand
and operate the system without concern.
•We can assist you to establish a basic system or design, develop
•and implement a system tailored to your business requirements.
Drill 2012 Adelaide
“Drilling into the Future”
NHVAS IMPLEMENTATION
SUPPORT
• Our implementation support includes;
•
• A detailed and comprehensive Policy and Procedure Manual which
will form the nucleus of the Accreditation Administration function.
• Scheme induction training for all persons that will operate under or
administer the documentation and Internal Review process.
• Support for the accreditation administration staff, when required to
conduct Internal Reviews or Quarterly Compliance Review process.
• A customer assistance ‘Help Function’ to assist with the smooth
transition into the Accreditation Scheme;
Drill 2012 Adelaide
“Drilling into the Future”
THANK YOU
QUESTIONS?
Drill 2012 Adelaide
“Drilling into the Future”

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