Chain of Responsibility: you’re legally responsible

Published on July 01, 2020 

 

When most people think of road safety, the usual concepts of fatigue and driving under the influence spring to mind. But for any business conducting ‘transport activities’, there are some very specific requirements and regulations that assist in upholding safety on our roads. The National Heavy Vehicle Regulator (NHVR) is the regulatory body responsible for ensuring heavy vehicles over 4.5 tonnes comply with these regulations—and central to ensuring safety across the supply chain is the Chain of Responsibility (CoR).

Understanding CoR and why it is important could save your business in more ways than one

The CoR legislation encompasses requirements around standards for heavy vehicles, speed and fatigue management and mass, dimensions and loading. In an effort to bring CoR requirements into line with Australian Workplace Health and Safety provisions, changes to the Heavy Vehicle National Law (HVNL) / CoR legislation have introduced a number of new safety duties.

All parties in the supply chain may now have a duty to do what is ‘reasonably practicable’ to ensure the safety of their ‘transport activities’, and are legally required to minimise hazards, harm and loss in their workplace.

As an executive officer it is essential that you have conducted your ‘due diligence’ and have safety systems, procedures and training in place for your company. Case studies have shown that your business could also be liable for the actions of a 3^rd party vehicle / business you engage with. Without conducting due diligence, you leave your company (and yourself!) exposed to prosecution or heavy fines.

To understand how this CoR legislation can have an impact on your business, let’s consider a case currently before the courts. A Victorian trucking company and its director have been accused of failing to meet the company’s due diligence regarding fatigue management. The NHVR was notified of concerns through its confidential reporting line and proceeded to investigate the allegations. As a director it is essential to understand the current safety duties of the business and ensure that you have conducted thorough due diligence to limit exposure and provide a safe workplace.

The HVNL states that following parties in the Chain:

• an employer of a driver
• a prime contractor for the driver – if the vehicle’s driver is self-employed
• an operator of the vehicle
• a scheduler for the vehicle
• a loading manager for any goods in the vehicle
• a loader and/or unloader of a vehicle
• a consignor of any goods for transport by the vehicle
• a consignee of any goods in the vehicle
• a loader and/or unloader of any goods in the vehicle.

For many employees / companies, it can be easy to forget that these ‘parties’ may not match your ‘Job Title’. However, in performing your job role you may undertake many ‘transport activities’ that clearly put you in the ‘chain’. From your decision makers to your frontline staff there is a ‘shared responsibility to ensure compliance—and if you carry out more than one task in the CoR, your responsibility covers each task. The NHVR provides easy-to-follow information and checklists for these different roles, which can help to inform your employees about their role in CoR. But if you own or manage a business that uses trucks in any capacity, the best way to protect your business and ensure you are upholding compliance is to seek professional advice and assistance. This is particularly important if you have recently hired new employees, or your business structure, employee roles or responsibilities have changed.

 

CoR training online or onsite to suit each business

Chain of Responsibility training is an effective and important tool that will help you to understand the categories of risk relevant for your business to and give you the skills to fulfil your due diligence. One-day Chain of Responsibility training—either online (via live video conferencing) or onsite—that is customised to your business, will assist you to begin to fulfil your due diligence obligations and help build a safer workplace.

CoR training is not just part of what Australian Onsite Training does—it’s their specialty. They provide clear content and superior knowledge to deliver CoR training with context personalised for your business. Context is key when providing up-to-date information, and Australian Onsite Training delivers the Nationally Accredited Unit of Competency TLIF0001 – Apply chain of responsibility legislation, regulations and workplace procedures course taking into consideration your relevant state or territory laws and regulations, as well as your company specifics. Whether you need to complete CoR training online (via live video conferencing) or prefer to undertake onsite, training face-to-face training, you will be building a compliance system to help protect your company against potential prosecution and hefty penalties.

Making time for training can sometimes feel a little like your grandmother telling you to put on your jumper before heading outside into the cold. You know it’s the sensible thing to do and that the benefits will be tangible, but your hands are full of all the other balls you need to juggle. By engaging Australian Onsite Training to deliver CoR training, you and your employees will be on the road to fulfilling your due diligence obligations.