IPWEA resources to meet your Chain of Responsibility obligations
Changes to Heavy Vehicle National Law (HVNL) come into play 1 October 2018. The new laws impose a Primary Duty on every party in the heavy vehicle transport supply chain to eliminate or minimise potential harm or loss (risk) by doing all that is reasonably practicable to ensure safety. Sound familiar? Well that’s not surprising, the new laws are very much in line with Workplace Health and Safety Law.
The approach to penalties also reflect WHS. Penalties for breaches of a primary duty are set at a maximum fine of $3 million for a corporation and $300,000 or five-years imprisonment, or both, for a person. The new law will also introduce enforceable undertakings and improvement notices.
These new laws do not only apply to the traditional transport companies moving freight around the country. Operators of diverse fleets such as Councils and utility companies must also comply. Heavy Vehicle National Law (HVNL) applies to all persons operating heavy vehicles regardless of the employment status of those involved, for example a volunteer community bus driver and those managing the driver’s activities must comply. HVNL also applies to any vehicle (save rolling stock) over 4.5 tonne operated on the road network. This includes Graders, Cranes etc.
So where to start? Organisations need to take a holistic and coordinated approach to CoR compliance and this starts by:
- Being informed and understanding your obligations
- Understanding your risks, current systems and level of compliance (a gap analysis)
- Planning and acting to close the gaps
- Continually reviewing progress and effectiveness.