COR - Responsibility Guide

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Chain of Responsibility Guide

Chain of Responsibility Guide

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Contents

Linfox Safety Rules Page 1

Compliance and Enforcement Legislation Page 2

Chain of Responsibility (CoR) Page 2

Linfox Australia Pty Ltd Commitment to CoR Page 3

CoR Applies to? Page 4

What are my Responsibilities? Page 5

Fatigue Driving Hour Charts Page 6

Consignor / Receivers Page 7 -8

Loaders and Packers Page 9-10

Site Managers, Schedulers and Transport Managers Page 11-12

Drivers Responsibilities Page 13 -14

Western Australia Page 15

FoxTrax Page 16

National Fatigue Laws Self-Assessment Page 17 -18

Your Chain of Responsibility Commitment Page 19

Notes Page 20

Linfox Contacts Page 21

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Linfox Safety Rules

L E A D E R S H I P

Caring for the safety of our people

1 LEAD by example2 VISIBILY demonstrate your commitment to safety3 EMPOWER your people to Stop, Think and Plan4 SET clear expectations5 INVOLVE and communicate with your team6 REGULARLY thank your team for their safety efforts

B E H AV I O U R

Working safely is a condition of employment

1 STOP, Think and Plan to be safe2 STAY at least 2 metres clear from moving mobile equipment3 ALWAYS wear your seat belt4 DRIVE to conditions and obey speed limits5 STOP anyone with a bad lifting technique6 NEVER work when affected by drugs and alcohol

Working safely is a condition of employment

Remember your most important reason for workplace safety.

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Linfox Australia Pty Ltd is committed to ensuring its transport and warehouse operators and transport contractors abide by the Chain of Responsibility legislation and fostering a culture of compliance within the logistics industry. These initiatives are aimed at socially responsible behaviour to ensure that Linfox and its customers remain role models in the Transport and Logistics Chain.

Linfox Australia Pty Ltd is committed to the Compliance and Enforcement (C&E) reforms that is the framework for the regulation of the heavy vehicle industry and other participants in road transport.

Linfox Australia Pty Ltd

The Compliance and Enforcement Legislation

In November 2003 the National Transport Commission finalized a regulatory model to assist state governments in handling certain compliance issues in the road transport industry.The Compliance and Enforcement (C&E) legislation introduces the concept of chain of responsibility - to recognize all parties that have a role in the transportation of goods by road.The C&E Bill features the Chain of Responsibility (COR) concept meaning, all those with responsibility for Activities that affect compliance with the road transport laws should be held and are legally accountable if they do not meet their responsibility.Those responsible and therefore liable are:

• Consigning: A person or company commissioning the carrying of goods;

• Packing: Those placing goods into packages, containers or pallets;

• Loading: Those placing or restraining the load on a vehicle;

• Driving: Those who physically drive a heavy vehicle;

• Operating: Those conducting a business which controls the use of heavy vehicles;

• Receiving: Those who pay for the goods or take possession of the load, and.

• Employers or Manager: of a business may also be liable for breaches by an employee

CONTROL = RESPONSIBILITY = LEGAL LIABILITY

Chain of Responsibility What is CoR?

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Linfox Australia Pty Ltd Commitment to CoR

Linfox Australia Pty Ltd is committed to complying with Chain of Responsibility. Linfox has produced this booklet to give all Linfox employees, agencies, hauliers and sub-contractors the information as the key concepts of CoR and an understanding of their responsibilities under the new legislation.

This booklet will provide all Linfox employees, agencies, hauliers and sub-contractors an introduction into Linfox’s commitment to C&E. You will be required to sign the declaration on page 19 confirming you commitment and understanding of you obligations in

Disclaimer: The views presented in this publication are solely those of Linfox Australia Pty Ltd. Not every procedure or condition has been covered in this booklet. Linfox Australia Pty Ltd has made every effort to present policy, requirements and rules based upon commonly accepted safety practices. However, due to the multiplicity of overlapping laws, regulations, codes of practices and standards, no assurance is expressed or implied here.July2013 - Copyright © by Linfox Australia Pty Ltd 55 English Street, Essendon Fields 3041.

regard to the Chain of Responsibility and Compliance and Enforcement legislation.This publication is based on information presented by the National Transport Commission, Roads & Traffic Authority NSW and Vic Roads. For further information on Chain of Responsibility and Compliance and Enforcement Legislation, please contact your roads authority or visit:

www.ntc.gov.au www.rta.nsw.gov.au www.vicroads.vic.gov.auwww.transport.wa.gov.au

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The C&E Bill features the Chain of Responsibility concept – meaning all those with responsibility for activities that affect compliance can and should be held legally accountable if they do not meet their responsibility.

Chain of responsibility provisions in the Bill imposes obligations on all parties in the transport chain and all individuals in the corporate chain of command. Those parties are required to either take reasonable steps to prevent a contravention of the road transport laws and not to encourage or coerce others to contravene those laws.Special provisions in Part 4 of the Bill provide that consignors, packers, loaders

CoR applies to?

and receivers may be held legally liable for breaches of heavy vehicle mass, dimension and load restraint requirements, in addition to drivers and vehicle operators. In this way off-road parties area as legally liable as their on-road counterparts if a breach of those requirements occurs. This assists authorities to better target the party or parties actually at fault. It also reduces pressures on on-road parties and ultimately leads to improved compliance and safer roads.The Chain of Responsibility approach has also been extended to model laws dealing with fatigue, transportation of dangerous goods and heavy vehicle speeding.

Other activitiesaffecting road

safety, egauditor

Consigning

Receiving

Driving

Operating

Loading

Packing

In the past liability was focused here

NO LONGER!

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If you exercise control or influence over the transport task you can be held legally liable for your actions, inactions or demands if they have caused or contributed to a breach. The law requires you to take all reasonable steps to prevent your conduct from causing or contributing to a breach.In addition, the law also prohibits you from:

• Making demands that you know or ought to have known would cause a breach;

• Coercing, including or encouraging breaches; and

• Passing false or misleading information that could cause a breach.

If you have any doubt about the position you fill or the responsibilities under this legislation, your responsibilities under this legislation or what you need to action to ensure compliance, please talk with your Site Manager.

For further information of the Chain of Responsibility within Linfox Australia Pty Ltd, please contact the Compliance Manager responsible for your state or territory.

What are my Responsibilities?

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Table 1: Standard Hours for Solo Heavy Vehicle Drivers

In any period or Maximum work time Minimum rest time

5 1/2 hours 5 1/4 hours work time 15 continuous minutes rest time8 hours 7 1/2 hours work time 30 minutes rest time in blocks of 15 continuous minutes11 hours 10 hours work time 60 minutes rest time in blocks of 15 continuous minutes24 hours 12 hours work time 7 continuous hours stationary rest time (1)7 days 72 hours work time 24 continuous hours stationary rest time

14 days 144 hours work time 2 x night rest breaks (2) and 2 x night rest breaks taken

on consecutive days

1 Stationary rest time is the time a driver spends out of a regulated heavy vehicle or in an approved sleeper berth of a stationary regulated heavy vehicle.2 Night rest breaks are 7 continuous hours stationary rest time taken between the hours of 10pm on a day and 8am on the next day (using the time zone of the base of the driver) or a 24 continuous hours stationary rest break.

Table 2: Basic Fatigue Management (BFM) Hours for Solo Heavy Vehicle Drivers

In any period or Maximum work time Minimum rest time

6 1/4 hours 6 hours work time 15 continuous minutes rest time

9 hours 8 1/2 hours work time 30 minutes rest time in blocks of 15 continuous minutes

12 hours 11 hours work time 60 minutes rest time in blocks of 15 continuous minutes

24 hours 14 hours work time 7 continuous hours stationary rest time (1)

7 days 36 hours long/night work time (2)

14 days 144 hours work time

24 continuous hours stationary rest time taken after no more than 84 hours work time and 24 continuous hours stationary rest time and 2 x night rest breaks (3) and 2 x night rest breaks taken on consecutive days.

1 Stationary rest time is the time a driver spends out of a regulated heavy vehicle or in an approved sleeper berth of a stationary regulated heavy vehicle.2 Long/night work time is any work time in excess of 12 hours in a 24 hour period or any work time between midnight and 6 am (or the equiva- lent hours in the time zone of the base of a driver)3 Night rest breaks are 7 continuous hours stationary rest time taken between the hours of 10pm on a day and 8am on the next day (using the time zone of the base of the driver) or a 24 continuous hours stationary rest break.

Table 3: Outer Limits for Advanced Fatigue Management (AFM) Hours for Solo Heavy Vehicle Drivers

Parameter Normal operating limits Frequency for exceeding normal Outer limits operating limits

Minimum break in a 24 hour period Operator to propose Operator to propose 6 continuous hours or 8 hours in 2 parts

Minimum continuous 24 hour Operator to propose Operator to propose 4 periods in 28 days period free of work

Minimum opportunity for night sleep Operator to propose Operator to propose 2 periods in 14 days (between 10pm and 8am)

Maximum hours work in a 24 Operator to propose Operator to propose 16 hours (except NSW and hour period Victoria)

Maximum work in 14 days Operator to propose Operator to propose 154 hours

Maximum work in 28 days Operator to propose Operator to propose

The ‘36 hour rule’ is a term used to assist drivers in managing the risk of working long hours in combination with night shifts. A night hour is any hour worked between midnight and 6am. This time is also counted in 15 minute periods. A long hour is any hour worked above 12 hours in 24 hours (this time is counted in 15 minute periods). For example, if a driver works a full 14 of 24 hours, the additional two hours worked are counted as ‘long hours’. If a driver works - For WA standards refer page 15

Fatigue Driving Hours Charts

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Consignors and Receivers

Your ResponsibilitiesAs a Consignor or Receiver your responsibility under the CoR Legislation is to ensure that delivery request do not require a truck driver to:• Exceed permitted driving hours;• Fail to have minimum rest periods;• Exceed the speed limit;• Transport goods that exceed vehicle dimension limits;• Transport goods that exceed vehicle mass limits; or• Inappropriately secure the load.

You won’t be held liable for an offence under Chain of Responsibility if you can show that you did not know and could not have reasonably expected to have known that a road law breach would occur and that either:• You have taken all reasonable steps to prevent the breach, or• There was nothing you could reasonably have been expected to do to prevent

that breach.

Will be expected to:• Place purchase orders with sufficient lead time to allow for safe transit times to the

destination site.• Request deliveries that do not, either directly or indirectly, cause or help to cause

breaches of Chain of Responsibility.• Provide a safe and appropriate location and method of unloading.• Adhere to agreed duration times on site.• Formally inform the driver of unavoidable delays that may impact on the drivers’

available hours for that day.• Provide a suitable driver waiting area with appropriate amenities.• Assess the driver relative to fatigue, and take reasonable steps, where appropriate, to

enquire as to the driver’s fitness.• Ensure that loads that may be rejected, as a result of accuracy, quality, timeliness and

the like, are considered safe to return to the road.• Assess the vehicle for any obvious roadworthiness concerns.• Assess the load with regard to safety and the ability to safely unload.• Undertake to randomly gain driver feedback to promote improvement initiatives.

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Consignors and Receivers

What do you need to do?You need to ensure you can demonstrate that you have taken reasonable steps to prevent any breach occurring. What constitutes reasonable steps will vary according to each individual’s circumstances.

Examples of steps you could take include:• Implement compliance assurance conditions in relevant commercial arrangements with other

responsible persons;

• Request information about what systems and controls are in place to ensure compliance;

• Ensure there are no award arrangements which encourage or reward non-compliance; or

• Implement active risk management systems.

• Allocate the correct vehicle type for the freight task.

• Ensure the allocation task will include consideration to weight and cube of product (mass & dimension), dangerous goods, temperature sensitivity, container weight declarations and the like.

• Ensure that the load manifest accurately represent the load itself.

• Ensure the correct and safe restraining of product.

• Ensure the driving hours and capability of the driver being requested to perform the freight task, are adequate. Driver fatigue must be taken into consideration.

• Ensure that the vehicle being used for the freight task is roadworthy, maintained on a regular basis and fit to cart the designated product without adversely affecting the quality of the product.

• Ensure that the product will not be loaded in a way that will contribute to unsafe travel, including an appropriate weight distribution and restraining of the load over the vehicle.

• Ensure that the booking made through Inbound Freight Scheduling - allows sufficient time for safe transit times.

• Ensure that the estimated time on site, as determined by Inbound Freight Scheduling, is detailed to the driver, to allow for an assessment of daily driving hours.

• Ensure that driving plans / expectations will not cause excessive speed on route to the destination.

• Meeting the booking time at the destination site.

• Inform the driver of the expected duration on site and work functions that may be performed whilst on site.

• Educate and communicate to Subcontractors. Subcontractors should be treated as employees and the same consideration given, as detailed above. Also the contractor, whether they are warehousing, transport or labour hire and the like, has a responsibility to ensure that the work they undertake is completed in a safe and compliant manner.

• That the contractual arrangements with the provider take into consideration Chain of Responsibility. Clear expectations around the legal and safe performance surrounding the work to be performed needs to be detailed by the consigner to their employees and contractors.

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Loader and Packers

Your Responsibilities

As a Loader, your responsibility under CoR Legislation is to ensure the vehicle’s load:

• Does not exceed dimensional limits;• Does not cause mass limits to be

exceeded; and• Cannot become unstable, unsafe move or

fall of the vehicle. Packer’s responsibility is to ensure:

• Load documentation is accurate, not false or misleading; and

• Goods packed in ISO/Freight Containers do not exceed the containers gross weight or safety approval rating.

You won’t be held liable for an offence under the Chain of Responsibility if you can show that you did not know and could not have reasonably expected to know that the road law breach would occur and that either:• You have taken all reasonable steps to

prevent the breach, or• There was nothing you could reasonably

have been expected to do to prevent the breach.

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Loader and Packers

What do you need to do?

You need to ensure you can demonstrate that you have taken reasonable steps to prevent a breach occurring. What constitutes reasonable steps will vary according to each individual’s circumstances.Examples of steps you could take include:

• Having loading diagrams for different types of loads to ensure axle weight limits are not exceeded.

• If the vehicle’s weight cannot be accurately assessed at time of loading, reduce the weight on the first load/trip and verify the weight at the first opportunity during the journey. Subsequent loads can be adjusted accordingly.

• Fitting scales to loading equipment and keeping a running total of the weight of the load for each trip.

• Using a pre-printed form which requires the person in control of packing or loading goods to verify the accuracy of all records.

• Ensure that the load is presented in a way that it will not create any safety issues or concerns during the subsequent processing.

• Ensure that the load will not cause difficulties for the loader, driver or unloader of the product.

• Accurately pack product to ensure that the load manifest does not contain any false or misleading information.

• Only use safe and operational pallets, cages, totes or dollies, and the like, in building the load.

• Ensure that the product does not exceed the dimensions of the pallet.

• Ensure that the product is restrained sufficiently for safe transit.

• Ensure the correct labelling of each pallet in the load.

• Ensure that the load is presented in a way that it will not create any safety issues or concerns during the subsequent processing.

• Ensure that the allocation of weight over the vehicle will not cause safety concerns in transit.

• Ensure that the load is correctly restrained so that transit movement or damage will not occur.

• Ensure that the load does not exceed vehicle dimension limits.

• Ensure that the load does not exceed vehicle mass limits.

• Use a loading diagram to detail contents and mass.

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Site Managers, Schedulers and Transport Managers

Your ResponsibilitiesAs an Operator, Manager or Scheduler of a business involved in road transport, your responsibility is to ensure that:• Arrangements with commercial partners notate Chain of Responsibility compliance;• You have appropriate procedures in place to assess safe transit times;• Safe transit times are not compromised through customer pressure;• You keep accurate records of driver activities, work and rest times, and fitness of duty;• Rosters and schedules do not require drivers to exceed driving hours regulations or

speed limits;• Vehicle speed limiters are functioning;• Sufficient and appropriate training and supervision is provided for those that impact

road freight;• Vehicles do not exceed mass or dimension limits;• Appropriate restraint equipment is provided and that loads are correctly restrained;• Appropriate maintenance schedules are in place for all equipment, restraints

and vehicles;

• Accurate records are kept of drivers activities, including driving, work and rest times.

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As a transport operator or an employee of a transport operator, you need to ensure that your conduct does not compromise road safety or involve breaking the law.• You will implement systems to ensure

that the mass of each vehicle is assessed and recorded for each trip;

• You will have auditable systems for rostering and scheduling your drivers so they:

– Do not exceed the regulated hours for work.

– Do not exceed posted speed limits.

– Have sufficient rest and sleep to avoid fatigue.

• You need to have work practices in place so that vehicles and equipment are

Site Managers, Schedulers and Transport Managers

What do you need to do?

kept in good condition and all loads are properly restrained in accordance with the Load Restraint Guide;

• If speed limiters are fitted to the vehicles, they will be operating properly;

• Compliance assurance conditions will be included in relevant commercial arrangements with other responsible persons;

• You will keep records of drivers’ activities including driving/working, and rest. Check they are complying with regulations; and

• Employees will have necessary information, instructions, training and supervision to enable compliance with relevant laws.

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Drivers

Your Responsibilities

You must check that your vehicle is roadworthy and safe to drive, your load is secure and will not exceed mass or dimension limits. You are also responsible for the condition and adequacy of restraining equipment (chains and straps etc.)As a truck driver, your responsibilities include making sure that:

• You adhere to the driving hours regulations (time spent driving and working);

• Required rest breaks are taken;• You record your driving hours as required;• Your vehicle does not exceed mass limits;• Your vehicle and load do not exceed

dimension limits;• Your load is appropriately restrained;• You do not exceed the speed limit; and• You do not tamper with monitoring/

recording or speed control devices fitted to that vehicle.

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Drivers

What do you need to do?

As a driver, you need to ensure your conduct does not compromise road safety or involve breaking the law. You can do this by:

• Keeping weigh bridge dockets issued to the vehicle you are driving so you know the mass.• Using on board scales to check your weights (if applicable).• Keeping any load documentation that records the weight of your load.• Not exceeding the regulated hours for working (remember these are maximum hours).• Ensuring your vehicle does not exceed legal dimensions.• Ensuring your load is properly restrained, checking the adequacy and condition of

restraining equipment.• Ensuring you observe the speed limit at all times.• Being licensed (current & valid) and appropriately skilled in operating the vehicle and in

the tasks that are expected to be performed.• Know his / her vehicles legal capacity.• Ensuring that the vehicle does not exceed mass or dimensional limits.• Ensuring that that the vehicle restraints are adequate and in good condition.• Ensuring that the load is restrained correctly so that transit movement or damage will

not occur.• Being inducted at the destination site and follow all site rules and signage.• Arrive at site to meet the agreed booking time.• Being willing to follow appropriate and reasonable direction from the site.• Conducting his/herself responsibly whilst on site.• Being willing to complete a Driver Declaration Form if required.• Docking the vehicle on the designated dock safely, and without damage to site property.• Being free of non-prescription drugs and alcohol, and possibly be involved in random

drug and alcohol testing whilst on site.• Being suitably rested and personally fit, and know how long he / she is expected to be

on site so that daily driving plans / expectations can be achieved.• Being willing to allow outbound security checks of their vehicle.• Being willing to allow a weighing of residual product on the vehicle to ensure mass and

dimension requirements are not breached.

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Aspects not being implemented in Western Australia

Legislation is expected to be introduced in WA in March 2014.However, because many aspects are already covered in existing Western Australian laws, we will not be implementing all of it.The following will not be implemented in Western Australia:•FormalWarnings

Because Main Roads WA already operates an administrative warning system for minor breaches, the Formal Warning component of the new legislation will not be introduced in Western Australia.

• Sudden and Extraordinary Emergency Defence

The legislation provides a defence against an alleged offence on the basis that the operator was responding to a sudden and extraordinary emergency.

Western Australia

This component of the new legislation will not be introduced in Western Australia because this defence has always been available and will continue to be available under the Criminal Code.

• Limitation to Heavy Vehicles

The model legislation applies only to heavy vehicles (those over 4.5 tonnes). Western Australia believes that to gain maximum road safety benefits, it is essential that this aspect of the legislation apply to all vehicles regardless of their size. Therefore, Western Australia will expand the legislation so that it also applies to light vehicles and so that all parties in the transport chain can be held accountable for offences.

2. Operating standards for commercial vehicle drivers

All drivers

Maximum continuous work time before a break must be taken 5 hours

Minimum break from driving during or after 5 hours work time 20 minutes

Minimum breaks from driving for every five hours work time 30 minutes

Maximum work time in any 14 days 168 hours

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Linfox has installed a highly advanced on-board computer system with integrated GPS system we have called FoxTrax. The FoxTrax system is a solution provided by Trimble Mobile Resource Management and Telstra in a partnership formed to deliver the Trimble system to Linfox.

The system connects directly to the vehicle EMS (Engine Management System) if fitted and records information such as odometer, fuel consumption, speed, RPM and engine fault codes. Driver identification and GPS location of events are also recorded.The units can track vehicle routes, stops and starts, speed, braking, location and

fuel efficiency. This data will improves the efficiency, safety, security and compliance of our operations and enable us to better focus our driver training programs. The monitoring of FoxTrax data is carried out continuously and in real time and information can be accessed by site operations, a central coordinating point and relevant Linfox customers (graphical map display only).

For further information on FoxTrax call your State Transport Regulation and Compliance Manager

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National Fatigue Laws

Driver Self-Assessment

Are you aware that you have a Duty of Care to manage your fatigue and rest is required? Yes No

Do you understand your legal obligations to operate within the work and rest hours of Yes No the new scheme

Do you try to ensure you always comply with your schemes work and rest requirements Yes No on a daily basis?

Do you keep your Work Diary up to date and pass on duplicate copies to your employer Yes No or other parties as required?

Fitness for Duty Yes No

Do you generally plan your lifestyle so you can rest before a rostered shift and ensure Yes No you don’t work with an accumulated sleep debt?

Do you ensure commitments outside work do not limit your opportunities for good sleep Yes No

Do you have any health problems that may affect your work requirements or gaining Yes No adequate sleep?

Do you comply with Linfox related policies such as Drug and Alcohol? Yes No

Do you inform your manager of other matters that may affect your fitness for duty? Yes No

Fatigue Management

Do you comply with your company’s fatigue management procedures established by Yes No your employer to reduce health and safety risks in the workplace?

Do you understand the factors that contribute to driver fatigue? Yes No

Can you detect the signs of fatigue to take an unscheduled rest break? Yes No

Do you comply with relevant fatigue management requirements including the obligation Yes No not to put you or others at risk by your actions?

Do you stop driving if you believe your fatigue level is a risk to yourself or others? Yes No

Do you plan trips to provide adequate time for sleep, rest, food and take into account Yes No appropriate places to stop?

The following checklist is designed to assist drivers in identifying areas when managing their fatigue.

Questions to ask yourselfWork and Rest Hours Answer

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National Fatigue Laws

Driver Self-Assessment

Are you realistic about how much sleep you need to be a safe driver and make sure Yes No it’s acquired?

Do you record delays and all fatigue-related problems you encounter during work Yes No so they can be addressed by your manager/supervisor?

Do you report any fatigue problems within or between schedules to management? Yes No

Do you inform your employer of any conditions or circumstances that may or have Yes No affected your ability to perform tasks legally and safely?

Napping

Do you try to sleep in a dark, quiet and comfortable place and preferably at night? Yes No

Do you take preventative naps before a shift to reduce drowsiness during your shift? Yes No

Do you take a nap during day if you’re scheduled to do a night shift? Yes No

Do you communicate with your friends and family well in advance of departure time Yes No so that you can have sufficient rest without any disruptions?

Do you communicate with base to get wake-up call if applicable? Yes No

The following checklist is designed to assist drivers in identifying areas when managing their fatigue.

Questions to ask yourselfFatigue Management Continued Answer

Note: This checklist does not explain all of the driver’s obligations under the new fatigue laws and is to be used as a GUIDE ONLY.

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As an operator undertaking work on behalf of Linfox Australia Pty Ltd, I have read and understood my obligations in regards to the Chain of Responsibility and Compliance and Enforcement Legislation.In the day to day performance of my job, I will:

• Always act with integrity to the highest standard• Recognise my responsibility under the legislation as a party in the Supply Chain• Take appropriate steps to ensure compliance with the legislation within my role• I will not knowingly breach road law and will take all reasonable steps to prevent a

breach occurring• Ensure my conduct does not compromise road safety or involve breaking the law I understand that failure to comply with the legislation or knowingly breach road safety

laws is a serious breach of the conditions to my employment which may result in disciplinary action including termination.

Your Chain of Responsibility Commitment

Signed

Dated

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Notes

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This document has been produced by the Linfox

Compliance Team

For further information on this subject please go to: www.linfoxsafety.com

Email: [email protected]

Or Contact your regional Compliance Manager

Western Region – Steve Carey 0413 449 162

Eastern Region – Peter Mackenzie 0438 066 534

SA/NT -Trevor Taylor 0408 651 883

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