Risky Business Episode 2 Fit for Duty

Posted by Hubfleet

In Episode 2 of Risky Business, Glyn Castanelli and Craig Forsyth delve into the critical topic of “Fit for Duty” in the transport industry. Prompted by a recent tragic bus crash in the Hunter Valley, they explore the responsibilities of both drivers and employers in ensuring safety on the roads.

Listen to the full episode here:
Spotify Soundcloud Apple Podcast

Prefer a quick read? Check out our summary article and FAQs below.

Ensuring Driver Fitness for Duty: A Shared Responsibility

The recent bus crash in the Hunter Valley, which resulted in 10 fatalities and multiple injuries, serves as a stark reminder of the importance of driver fitness for duty. While the driver in this case was found to be under the influence of opioids and engaged in reckless behaviour, the incident also highlights the broader responsibilities of employers in the transport industry.

Chain of Responsibility Legislation

In Australia, chain of responsibility legislation (NHVR CoR) places a legal obligation on all parties involved in the supply chain to ensure the safety of transport activities. This includes everyone from company executives to drivers, loading managers, and even vehicle maintenance providers. A key aspect of this legislation is the concept of “Fit for Duty,” which mandates that drivers must be physically and mentally capable of operating a vehicle safely.

Employer Responsibilities

Employers have a crucial role to play in ensuring their drivers are fit for duty. This extends beyond simply ticking boxes on a pre-start checklist. A robust fleet safety management system should include:

  • Pre-employment medicals and drug/alcohol testing: These measures establish a baseline for driver health and identify potential risks.
  • Regular medical check-ups and drug/alcohol testing: Ongoing monitoring helps to detect any changes in driver health or substance use.
  • Fatigue management policies and training: Drivers need to be educated about the risks of fatigue and equipped with strategies to manage it effectively. This includes providing adequate rest breaks, comfortable sleeping facilities, and realistic scheduling.
  • Health and well-being initiatives: Encouraging healthy eating habits, exercise, and access to support services can contribute to overall driver well-being and reduce the risk of fatigue and other health issues.
  • Clear policies and procedures: Businesses need to have documented policies and procedures that outline expectations for driver fitness for duty. These should cover topics such as reporting illness or injury, medication use, and alcohol and drug consumption.

Driver Responsibilities

While employers have a responsibility to provide a safe working environment, drivers also have a personal obligation to ensure they are fit for duty. This includes:

  • Being honest about their health and any medications they are taking: Failing to disclose relevant information can have serious consequences.
  • Managing their fatigue effectively: Drivers need to be aware of their own limitations and take steps to avoid driving while fatigued.
  • Abstaining from alcohol and drug use: Driving under the influence is illegal and incredibly dangerous.
  • Following company policies and procedures: Drivers must adhere to the safety guidelines established by their employer.

Consequences of Non-Compliance

Failure to comply with chain of responsibility legislation can result in significant penalties for both businesses and individuals. This can include fines, imprisonment, and the loss of operating licenses. More importantly, neglecting driver fitness for duty puts lives at risk.

Building a Culture of Safety

Ultimately, ensuring driver fitness for duty requires a collaborative effort between employers and drivers. By fostering a culture of safety, open communication, and shared responsibility, the transport industry can work towards reducing risks and preventing tragedies like the Hunter Valley bus crash.

Ready to Improve your Compliance with Hubfleet?

Staying compliant with transport regulations can be challenging, but Hubfleet is here to make it easier. Our innovative digital compliance solutions help businesses manage driver fitness for duty, streamline safety processes, and stay on top of Chain of Responsibility obligations. Sign up for a free trial today or get in touch with our team to see how we can support your compliance journey and enhance safety across your operations.

Episode 2 FAQs: Fit for Duty

Transport compliance is referred to as a “risky business” because the transport industry in Australia has a high rate of accidents and fatalities. It is the second most dangerous industry in the country, with a fatality rate of 9.5 per 100,000 workers in 2022. This statistic highlights the inherent dangers associated with transport operations and emphasises the importance of mitigating risks through proper compliance.

Drivers have a primary responsibility to ensure they are fit for duty before operating a heavy vehicle. This includes:

  • Being free from fatigue and having taken sufficient rest breaks.
  • Not being impaired by alcohol, drugs, or prescription medications.
  • Ensuring their work diary is accurately filled out and reflects their driving hours.
  • Being free from any medical conditions or other factors that could impair their ability to drive safely.

Businesses involved in the transport chain of responsibility also have a duty to ensure their drivers are fit for duty. This can involve:

  • Implementing policies and procedures that address fitness for duty, including drug and alcohol testing, fatigue management, and medical requirements.
  • Providing drivers with information and training on fatigue management, healthy eating habits, and managing medical conditions.
  • Offering support and resources for drivers to maintain their well-being, including comfortable sleeping facilities in trucks and access to healthy food options.
  • Creating a culture of safety and compliance within the workplace, where drivers feel comfortable reporting any concerns related to their fitness for duty.

Businesses that fail to comply with their primary duty under the Heavy Vehicle National Law (HVNL) face a range of potential consequences. These include:

  • Education and improvement notices: Authorities may issue notices requiring the business to address identified non-compliance issues.
  • Prosecution and fines: Businesses can face substantial fines for serious breaches of transport regulations.
  • Imprisonment: In some cases, individuals within the business, including executives, can face imprisonment for gross negligence or reckless conduct.
  • Reputational damage: Non-compliance can damage the business’s reputation and lead to loss of customers and contracts.

As a minimum, every transport business, regardless of size, should have policies and procedures covering the following areas:

  • Vehicle speed: Setting appropriate speed limits for different types of vehicles and road conditions.
  • Fatigue management: Implementing systems to manage driver fatigue and ensure compliance with work and rest hour rules. This should include procedures for managing drug and alcohol use.
  • Mass, dimensions, and loading: Establishing procedures to ensure vehicles are loaded safely and comply with weight and dimension limits.
  • Vehicle standards and maintenance: Implementing a system to maintain vehicles in a safe and roadworthy condition, including regular inspections and servicing.

Businesses can access a range of resources to help them improve their transport compliance, including:

  • NHVR website: The National Heavy Vehicle Regulator (NHVR) provides comprehensive information on transport regulations, compliance requirements, and industry best practices.
  • Transport compliance consultants: Consultants can provide expert advice and assistance with developing and implementing compliance systems.
  • Industry associations: Industry associations often offer guidance and resources on transport compliance matters.
  • Online tools and templates: Various online platforms offer tools and templates for developing policies and procedures, managing work diaries, and tracking vehicle maintenance.
Back to Blogs