CoR and Safety Management SystemsMay 2018

1. Safety Duties and CoR under the HVNL

2. Safety Management Systems

3. Guides, Templates and Worked Examples

4. Industry Codes of Practice, NHVAS and other support

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Agenda

Safety Duties and CoR under the HVNL

Each party in the Chain of Responsibility (CoR) must ensure, so far as reasonably practicable, the safety of their transport activities.

Primary Duty

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Employer Prime ContractorOperator SchedulerConsignor ConsigneePacker Loading ManagerLoader Unloader

Executives of legal entities must exercise due diligence to ensure the safety of the legal entity’s transport activities.

Duty of an Executive of a Legal Entity

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A person must not ask, direct, or require a driver or a party in the chain of responsibility to do or not do something they know, or ought reasonably to know, would cause the driver to speed or drive while fatigued or break the law in that regard.

Prohibited Requests and Contracts

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Benefits of alignment

Common Systems - Manage safety risks across the entire business with same systems/practices

Integration - Create safety synergies across the supply chain with common approaches and strategies

Economy - Reduce costs by using the same processes and similar practices

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Alignment of HVNL with WHS Laws

Reasonably practicable means something that is, or was at the time, reasonably able to be done to ensure health and safety.

Likelihood Harm Knowledge Solutions

What is the likelihood of the risk occurring?

What is the degree of harm that could be caused?

What should you know about

the risk?

What are the ways

to remove the risk?

Cost

Are the costs proportionate

to the risk?

So far as reasonably practicable

X Applying business practices or demands that cause a driver to breach fatigue management requirements, or speed limits

X Failing to weigh, measure or secure loads

X Setting schedules with unrealistic timeframes

X Causing delays in loading and unloading

X Packing goods incorrectly

X Entering terms in contracts and arrangements that encourage, reward or give incentives to the driver or other parties in the supply chain to breach the law

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Common breaches of CoR obligations

Safety Management Systems

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Having a Safety Management System (SMS) in place in yourbusiness can be one of the most effective ways of meeting your safety obligations under the Heavy Vehicle National Law (HVNL).

Adopting and actively using a SMS has proven to help reducesafety-related incidents in other heavy transport industries, such as maritime, rail and aviation.

A SMS is a systematic approach to managing safety, includingthe necessary organisational structures, accountabilities, policiesand procedures, which is integrated throughout the business.

manage your safety responsibilities under the HVNL

demonstrate your ability to manage risk and ensure safety

become an employer of choice and preferred supplier

reduce costs associated with incidents and accidents

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What is a Safety Management System (SMS)?

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Components of a SMS

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Components of a SMS

Tools, Templates and Support

The NHVR website provides guidance material, tools and templates to help you develop and implement an SMS.

Visit www.nhvr.gov.au/sms

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The SMS Checklist will help you identify any SMS elements youmay already have in place and enable youto focus on those SMS elements you need todevelop.

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Quick Guides

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Templates

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Worked Examples

Industry Codes of Practice, NHVASand other support

Establishes standards and procedures for parties in the chain of responsibility to identify, analyse, evaluate and mitigate general risks associated with meeting obligations under the Heavy Vehicle National Law (HVNL).

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Industry Codes of Practice

Master Code

Crane Forestry Livestock

You can freely adopt a Code to develop a compliance and safety risk management process that addresses your HVNL obligations

A Code can be used to tailor your risk management process to suit the specific needs of your operating environment

You may be offered protection from certain litigation as you will be able to prove that you have complied with all relevant standards and procedures

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Benefits of adopting an Industry Code of Practice

NHVAS standards address risks associated with:• mass management• maintenance management• fatigue management

Plus components found in an SMS, such as:

• documenting policies and procedures

• training employees• detailing responsibilities

Therefore, the NHVAS is a good starting point for businesses wanting to develop and implement an SMS

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NHVAS

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Other sources of information and support

QUESTIONS?