drill 2012 adelaide “drilling into the future” chain of responsibility & fatigue regulations...

Drill 2012 Adelaide“Drilling into the Future”

CHAIN OF RESPONSIBILITY & FATIGUE REGULATIONS

PRESENTER: PAUL QUILLIGAN


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

YOU are responsible.It doesn’t matter whatyour 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


CHAIN OF RESPONSIBILITYoperatorsreceiversconsignersconsigneesdistribution centresschedulersrosterersloaders unloadersmanagement


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.


DRIVERS CANNOT BE ROSTERED ON FOR MORE

THAN 6 DAYS WITHOUT A 24 HOUR CONTINUOUS BREAK UNDER STANDARD HOURS


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.


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.


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 OffencesNot every level of offence is infringeable. Minor and Substantial risk offences should attract infringement. Critical and Severe risk offences will automatically be prosecuted.


CHAIN OF RESPONSIBILITY• Further Liability Provisions for Extended Liability

Offences57B. (1) This section only applies –

(a) for an extended liability offence• Fatigue • Weight of loads• Over-dimensional• Load restraint• Dangerous Goods• Speeding


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!!


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.


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;


THANK YOU

QUESTIONS?

drill 2012 adelaide “drilling into the future” chain of responsibility & fatigue regulations...

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