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Under Chain of Responsibility (CoR), all parties who have control or influence over the transport task or similar may be deemed responsible for complying with the Heavy Vehicle National Law (HVNL). All parties must take all reasonable steps to prevent breaches of mass, dimension, loading, speed and fatigue that is within their control or where they have been a party in the process.
Business operators may consider or take steps that may include installing systems, policies and procedures within a business that identify risks that relate to road safety and business operators may consider implementing or establishing controlled measure to prevent breaches from occurring.
With the changes to the Heavy Vehicle National Law (HVNL) which came into force on 1 October 2018, including Chain of Responsibility (CoR) Legislation, the need for safety compliance and accountability has moved up to a whole new level.
It means that businesses are required to have safety systems and controls in place to identify, assess and manage risks as they relate to your business and activities within your supply chain. the four main areas of compliance are:
The Heavy Vehicle National Law (HVNL) is designed to stop business practices or demands that may cause a driver to undertake a journey in an unsafe manner. As a business, you have a legal obligation to be up to date with potential risks to your heavy vehicle transport tasks and take steps to eliminate or minimise safety risks, so far as is reasonably practicable.
RESILIENCECO have experienced consultants that can work with you to develop Safety Management Systems to ensure all those within your supply chain are clear on your policies and procedures and what they need to do to stay compliant with all transport and safety Legislation. Our consultants can review and recommend areas for improvement and assist with rolling out recommendations. Some areas that RESILIENCECO can assist businesses in include:
This approach is similar to the "general duties" provisions under existing workplace health and safety laws and is a significant step towards further improving safety in the transport industry.
The Law makes it clear that every party in the supply chain has an ongoing "duty" to ensure safe practices. if you are doing everything that is reasonably able to be done to identify, assess, reduce or wherever possible, remove safety risks related to your transport activities, you are likely to be complying with the Law.
CoR obligations can be breached in many ways. Some examples include applying business practices or demands that cause a driver to breach fatigue management requirements, or speed limits; failing to weigh, measure or secure loads; setting schedules with unrealistic time frames; causing delays in loading and unloading; packing goods incorrectly; failing to consult or engage with other parties to ensure safe practices; and 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.
What you should do will depend on the level of safety risk and factors such as whether you own your own vehicle or contract the heavy vehicle services from a transport operator.
If you have defined ways to make sure you're doing everything you can to manage the safety risks associated with your operations, then you should continue to apply those same processes.
Some things you could do include acquiring a knowledge of potential risks to your heavy vehicle transport task, taking steps to minimise or eliminate your heavy vehicle safety risks and monitoring heavy vehicle safety.
The parties in the Chain of Responsibility for a heavy vehicle are:
RESILIENCECO tailor all Chain of Responsibility (CoR) Management Systems to the individual needs of your business. The CoR Manual is a comprehensive Manual equipped with a suite of supporting documents, forms and registers to assist your business with its compliance records and documentation requirements. RESILIENCECO also assist in the implementation of the Management System within your business.
RESILIENCECO auditors can come out to your workplace and carry out a review on your systems, policies, procedures and work practices against a detailed audit tool in order to assess your level of compliance with the HVNL, CoR and WHS Laws.
Businesses are then provided with a detailed compliance report detailing recommendations for improvement to your current business practices.
RESILIENCECO have developed a range of CoR training programs targeted at all levels as required for businesses and operators to assist in the training and induction of management, schedulers, allocators, drivers, loaders, maintenance staff, subcontractors, and directors of the business.
IF SO, IT COULD COST YOU MORE THAN JUST YOUR BUSINESS.....