Chain of Responsibility – What are the ‘reasonable steps’ I should be taking?
The National Heavy Vehicle Regulator (NHVR) recently stated in their March 2017 ‘Chain of Responsibility- Your role’ booklet the following:
“Our road laws generally address the actions of drivers and operators, but breaches of these laws are often caused by other parties in the transport supply chain.
Under chain of responsibility (CoR), all parties who have control or influence over the transport task are deemed responsible for complying with and for breaches of these laws. All parties must take reasonable steps to prevent breaches of mass, dimension, loading, speed and fatigue laws. In 2018 this will expand to include vehicle standards and maintenance.
Under the Heavy Vehicle National Law (HVNL), multiple parties may be responsible for offences committed in heavy vehicle operations. A person may be a party in the supply chain in more than one way and legal liability can apply to their actions, inactions and demands.”
So what are the ‘reasonable steps’ I should be taking?
Again the NHVR states:
Here are some reasonable steps that you can take.
Build systems that identify, assess and control risks
- Assess and identify clearly the responsibilities of all parties in your supply chain under CoR
- Develop systems to manage fatigue
- Maintain your heavy vehicle
- Check your vehicle dimensions and weights
- Include compliance and assurance conditions in commercial arrangements
- Seek legal advice on CoR obligations
- Work with your supply chain partners to eliminate risks
- Question requests that may cause breaches of the law.
Adopt better freight moving practices
- Establish and adhere to safe policies, procedures and workplace practices
- Ensure proper packing, placing and securing of loads
- Adopt safer loading and unloading procedures
- Ensure vehicles and drivers do not speed
- Train staff and partners on their CoR obligations.
How Australian Onsite Training can help you meet your CoR obligations.
Australian Onsite Training offers the Nationally Accredited Unit of Competency: TLIF0001 Apply chain of responsibility legislation, regulations and workplace procedures. Our aim is to provide up-to-date information on the duties and responsibilities of each party in the supply chain. This year I have delivered the course to mining, construction, project management, manufacturing, warehousing and transport companies. The training is designed to inform and assist. In each session I have enjoyed discussing with people how the Heavy Vehicle National Law applies to their specific role / job.
Please email me at peter@aotraining.com.au if you have any questions / enquiries or visit www.australianonsitetraining.com.au
Chain of Responsibility- I’m just a Consignor / Consignee How am I Responsible?
Under the current HVNL (Heavy Vehicle National Law) all parties who have control or influence over a transport task are deemed responsible for complying with Chain of Responsibility (CoR) obligations.
As a consignor/consignee you influence or control transport-related activities.
As a consignor / consignee some of your CoR obligations include:
- Ensuring loads do not exceed mass or dimension limits and are appropriately restrained.
- Operators carrying freight containers have a valid and accurate container weight declaration.
Your delivery requirements must not require or encourage drivers:
- Exceed the speed limit
- Drive while impaired by fatigue
- Exceed regulated driving hours
- Fail the minimum rest requirements
- Consult with other parties to the chain to identify risks and issues that may contribute to breaches of the HVNL.
The National Heavy Vehicle Regulator (NHVR) suggests the following steps that can be taken if you notice a Chain of Responsibility (CoR) issue.
- Stop the activity to ensure everyone is safe
- Immediately review the activity to assess the risk and install a control measure
- Record and report the issue
- Install systems or practices to detect and prevent potential breaches
- Consult with drivers and supply chain partners to design ways of ensuring safety and dealing with issues
- Implement a system to regularly identify, assess, and control all activities that may cause a HVNL breach
- Review contracts and agreements to ensure they do not demand or encourage unlawful behaviour
- Say ‘no’ to anything that is unsafe or may lead to a breach of the HVNL
- Only deal with companies able to demonstrate safe and compliant practices
- Install a record-keeping system, and retain documents and records for three years.
Example
Acme Paint Pty Ltd (consignor) has asked for a delivery to be picked up at 2:00pm from their distribution centre for delivery to Bob’s Hardware Supplies (consignee). The journey takes approximately 2 hours and is a regular delivery. AusOnsite Transport (Driver/ Owner-Driver) David arrives at Acme Paint at the agreed time of 2pm only to be told:
Acme Paint Warehouse Manager: “Sorry mate John is sick today and we are really busy. Could you park up and wait for a bit….”
David: “How long?”
Acme Paint Warehouse Manager: “As soon as we can. It’s really, really busy.”
2 hours pass…… Bob’s Hardware (consignee) are on the phone. AusOnsite Transport are on the phone. David is coming to the end of his allowable regulated driving hours. Acme Paint Pty Ltd REALLY wants the delivery made today.
This is just one situation where the consignor / consignee may contribute to breaches of the HVNL.
It is important to ensure that everyone in the supply chain has an understanding of their CoR duties.
Peter Strandly- CEO Australian Onsite Training m.0411 961 342
Why do Chain of Responsibility Training?
Published on June 26, 2017
We have had many enquiries recently that ask, “Do I need to do Chain of Responsibility training?”
The National Heavy Vehicle Regulator (NHVR) website states:
“If you consign, pack, load or receive goods as part of your business, you could be held legally liable for breaches of the Heavy Vehicle National Law (HVNL) even though you have no direct role in driving or operating a heavy vehicle. In addition, corporate entities, directors, partners and managers are accountable for the actions of people under their control. This is the Chain of Responsibility (COR).”
If you’re asking: What is the NHVR? What is the HVNL? What is CoR? and your job / role is part of a supply chain that uses heavy vehicles over 4.5 tonnes gross vehicle mass, it is advisable that you learn the duties of your role and what ‘reasonable steps’ you should be taking to ensure that you are meeting your obligations under the HVNL. (The Heavy Vehicle National Law (HVNL) and regulations commenced in the Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania and Victoria on 10 February 2014).
We provide a 1 day Nationally Accredited course that helps people in a variety of roles to understand their obligations under the HVNL.
I will leave you with a few comments that I have heard during the sessions.
- When was THAT the law?
- I didn’t know that.
- Really?
- We don’t do that.
- I love paperwork! (That’s actually not true but we discuss the paperwork that must be done)
Australian Onsite Training (RTO.45056) has National training dates in July or can come to your worksite.