Looking Forward – Legislation
As we approach July 1st the Queensland WHS Legislative context will be adjusted with the restoration of the status of the various WHS Codes of Practice (essentially requiring that the safety measures in a code are to be complied with), the mandating of HSR training (with a 3-yearly refresher) and re-introduction of the Work Health and Safety Officer (WHSO) role.
The coming financial year will also bring a strengthening of the Heavy Vehicle chain-of-responsibility (CoR) laws in Qld, with the 2018 Heavy Vehicle National Law and Other Legislation Amendment imposing a WHS-style positive duty of care on all involved. The changes will also require Company Officers to exercise due diligence to ensure their companies comply with their duties.
The Qld government has committed to an implementation date of 1 October 2018.
It is important to note that the National Heavy Vehicle Legislation is not restricted to truck drivers, nor solely the transport and logistics sector – everyone in the heavy vehicle supply chain, including the consignee and consignor, has a role to play in ensuring safety.
- The Consignor (the person who engages someone to transport the goods) or the Consignee (the person who receives the goods) have a responsibility to ensure that the load does not exceed the limits of the vehicle carrying that load and that the delivery requirements do not encourage Drivers to exceed the speed limits or regulated driving / rest hours.
- The Scheduler (the person who schedules the transport of goods) is to ensure that schedules do not require Drivers to breach driving hours or speed limits, that Drivers do not work in breach of their work or rest hours & that records are maintained.
- The Packer and Loader have similar responsibilities, to ensure that the loads are secured and stable, do not exceed vehicle limits and that the related documentation is accurate and provides reliable weight information to the Driver.
- The Driver (this may be an employee or a contractor) is to ensure that the vehicle is maintained and safe, the load does not exceed the vehicles limits and is properly secured, and then must adhere to the speed limits and road rules and take the prescribed rest breaks.
The National Heavy Vehicle Regulator advocates that the best way to ensure these responsibilities are fulfilled is to have the processes and practices, training, procedures and review mechanisms integrated within the Company’s safety management system.
Please contact QRMC for more information or for assistance to review your safety management system.