chain of responsibility codes & practices - mike wood - latus
TRANSCRIPT
Chain of Responsibility
This Presentation:
Codes of Practice
All States - All Businesses
Road safety – The New Direction
Case studies – tailoring codes for a national approach
Section 2 – What is Chain of Responsibility?
Chain of Responsibility
Choices!!
What is Chain of Responsibility?
CurrentRegs
CurrentRegs
CurrentRegs
CurrentRegs
Transport is a
dangerous business!
Objective of CoR Legislation
To increase public safety on the roads
To protect public infrastructure
To create a level playing field by penalising
“cheating companies”
To provide a safer industry for Drivers
To encourage parties in the road transport task to adopt active risk
management strategies to prevent breaches of applicable road laws.
Sobering Facts
Transport drivers are
16 times more likely
to die at work than
others.
Truck drivers
account for 25% of
all work related
deaths.
Why It’s Important To You
• 4500 charges laid in NSW
• Company fined $19.3 million
• 45 Directors have been charged.
• 90 Police Investigations in Vic
Personal
Fines
And
Company
Fines
You cannot contract your
way out of your liability
Contracting out Prohibited (1) A term of any contract or
agreement that purports to
exclude, limit or modify the
operation of this Part or of any
provision of this Part is void to the
extent that it would otherwise
have that effect.
Victoria Road Traffic Act Sect 191
So even if you don’t have transport
but contract them…
You’re still liable!
Why It’s Important To You
If a body corporate commits a
relevant heavy vehicle offence,
each director of the body
corporate - and each person
concerned in the management
of the body corporate - is
deemed to have also committed
the offence.
Vic Legislation Part 11- 200
What is CoR?
What is Chain of Responsibility?
CoR requires that all commercial
vehicles over 4.5 tonne travelling on
roads comply with the legislation, and is
effectively:
Section 2 – What is Chain of Responsibility?
By extending the OHS Concept
to the road transport it now states that any CoR breaches
can extend beyond the driver to include those who have any
influence on the chain
Meaning:
Anyone who has contracted or requested a driver to
undertake a task - be it direct or inferred
Encourage Risk Management
The purpose of the CoR laws are to encourage parties in
the Chain to adopt a proactive approach to Risk
Management of the transport task.
“The bill is also designed to encourage parties to the road
transport task to adopt active risk management strategies
to prevent breaches of applicable road laws”.
NSW Roads Minister Second Reading Speech Hansard 6 April 2005
Safety Approach
WA has taken CoR as a road safety initiative
This includes:
All vehicles
All sizes
All industries
Education
Advice
Who does CoR apply to?
What vehicles are covered under
CoR?
All trucks 4.5T +
All trailers (heavy)
Utilities, Vans and Trailers (in WA now)
Basically any vehicle that is used in a
commercial manner to complete a task on
public roads
Areas Of Application
Load Restraint
Mass Management
Dimensions
Fatigue
Speeding
Drugs, Alcohol & Health
(DAH)
Training
Equipment Suitability
Equipment Maintenance
Documentation Systems
Subcontractor Assessment
Who is Covered?
Obvious coverage
Consignor / Consignee
Receiver
Packer/Loader
Scheduler
Transport Operator
Hidden coverage
Sales
Purchasing
Auditing
Training
Reasonable Steps
Reasonable Steps
To comply with the CoR you must be able to demonstrate
that you have taken ‘reasonable steps’ to prevent a
breach from occurring in your workplace resulting from
one of your or your employees’ activities.
Demonstrating Reasonable Steps
In order to demonstrate you
have taken reasonable steps
some actions could include:
Identifying and assessing
risks;
Taking steps to eliminate,
manage or prevent the risk;
and
Monitoring and reviewing risk
management processes.
Examples of Reasonable Steps
Participating in the development of an industry code of
practice;
Use of accreditation schemes where your processes and
procedures are audited for compliance with the Legislation;
Regularly reviewing your business practices;
Changing your commercial arrangements and including CoR
clauses in all Contracts; and
Adopting a risk management approach to CoR
Compliance &
Codes of Practice
Code of Practice Definition
A Code of Practice is a practical guide to achieve the
standards of health and safety required under
regulations
Codes of Practice provide duty holders with guidance
on effective ways to manage work health and safety
risks.
Key words:
Practical
Guidance
Code of Practice = Practical
Guidance
The new style Codes of Practice:
Specific
Guiding
Educational
Measurable
Consequences/Accountability
New Style Code of Practice
What is a Code of Practice versus a Code of Conduct?
A Code of Practice is “Thou Shalt!”
A Code of Conduct is “It would be nice if you did!”
Why a Code of Practice?
Provides consistency of approach for enforcement and compliance;
Provides a ‘road map’ for smaller companies to comply;
Makes compliance affordable!
Why an industry-based Code of Practice?
Provides industry -wide commonality;
A company has one set of compliance rules with specific segments,
rather than multiple compliance standards.
New Style CoP Strategy
Common Umbrella Code covering ALL Industry Sectors; Industry specifics under ‘Umbrella Code’
Auditable
External Audits; Trained Auditors
Audited to superior standards
Accredited & Certified: Annual External Certification
Quarterly Internal Assessment
Out-of-Cycle External Audits
New Style CoP Strategy
Business Compliance: Business becomes Compliant to the basic Umbrella Code:
Plus……….
Sector specific ‘add-ons’
Growing Business Maintains Umbrella Code;
Additional Sector specific ‘add-ons’
Code of Practice
(Parent)
Forestry CoP
(Child)
Sector Sub Code
- Chipping
- Hardwood
- Softwood
Bulk CoP
(Child)
Sector Sub Code
- Grain
- Sands
- Ore
Agri Bus CoP
(Child)
Sector Sub Code
- Farmer pickups
- Direct delivery
- Farm
Fuel CoP
(Child)
Sector Sub Code
- Bulk
- Gas
- Cylinders
Utility CoP
(Child)
Sector Sub Code
- Electric
- Water
- Gas
CoP Strategy
Umbrella Code: Covers all primary details of Legislation that apply across the
board!
Defined in “Umbrella Matrix”
This is auditable basis for all companies.
Industry Section Codes “Add-Ons” General Freight:
Refrigerated;
Livestock etc
CoP Strategy
Over Dimensional (OSOM): Machinery / Pilots
Bulk: Grains / Minerals / Coal
Dangerous Goods: Tankers / Fuels
Packaged
Gas
Light Truck: Couriers
Food service
Taxi Truck
CoP Matrix
Compliance Systems
A
“cake”
recipe!
What should a Code or System look like?
Compliance
Substance over Form
Or
Form over Substance
Compliance Real processes
Systemic
Simple
Measurable
Accountable
Compliance: Substance over Form
Items that need to be included:
Policy
Procedure
Training
Implementation
Application
Measurement
Accountability
Compliance: Substance over Form
Policy Generic / Motherhood - OK
Procedure Specific (cake recipe)
SOP’s, SWI’s JSA’s etc
Training Technical components of CoR
How the system works
Where to find items
How to use them
Compliance: Substance over Form
Implementation Actually put it into place
Make sure everyone knows
Application Make sure it is actually being applied
Measurement Measure and improver the system
Accountable Set personal KPI’s
Discipline where required
Case Studies
Case #1 – Load restraint
Desk top audit showed: Loading & restraint training with last 2 months
Physical audit showed: 19 loads steel leaving site
All 19 inspected
17 rejected on load restraint failure
6 severe failures
5 major failures
6 minor failures
Knowledge audit: 60 minute training program or 15 loaders and 20 drivers
Case #2 – Mass
Desk top audit showed: Minimal overloads
Corrective action in terms of notices
Physical audit showed: B Doubles on high productivity HML to 68.5t
Notices issued once truck had exceeded 69.5t
No close out on corrective action
400 potential breaches identified
Knowledge audit: Did not understand how HML worked
Case #3 – Sales
Desktop audit showed: Planning and scheduling for sales done as per P&P
P&P - Collaboration and discussion between sales and distribution
Physical audit showed: Sales entered and sent to distribution at COB
Special sales day saw: 180% of normal sales
No discussion with distribution
Orders printing 1 hour after COB
Afternoon shift walked into nightmare
Knowledge audit: Did not understand how distribution worked
Case #4 – Fatigue - 1
Desktop audit showed: Metro distribution
Standard hours worked
No breaches
Physical audit showed: Hours in excess of 12 on busy days “banked”
Hours under 12 on slack days topped up with “banked” hours
Knowledge audit: Did not understand relevance of hours and fatigue
Did not know legal implications of “banking”
Case #5 – Fatigue 2
Desktop audit showed Heavy vehicle long haul + Ancillary work
Standard hours worked - No breaches
Work Diary showed 2 lots of 4-5 hours work
4-5 hours rest between work hours
Pay sheets showed 14 – 15 hours pay
Physical audit showed “Rest” between work was ancillary work not using the vehicle
Knowledge audit Did not understand definition of “Work”
Only driving considered as “work”
Buyer Beware (Caveat Emptor)
Leather Bound; guilt edged !
Different rules in all states
Eastern States System not relevant in WA
WA Rules wider reaching than East
Case Summary
Investigations – When do you want the system to perform?
Internal audit
or
Forensic Investigation Roads Authorities
Police
Coroner
WorkSafe
Tailoring Codes
Tailoring Codes
Secret steps to tailoring:1. Know industry properly
2. Understand profitability
3. Understand capability/capacity
4. Know the law clearly
5. Write it from the bottom up
Fail in any of the 5 above and you will end up with:
Form over Substance
Summary
Chain of Responsibility
Choices!!
Summary
Get involved with Codes of Practice
Make sure your system is Substance over Form
Apply CoR Rules
Policy
Procedure
Training
Implementation
Application
Measurement
Accountability
Questions
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