Posted by Hubfleet
Chain of Responsibility (CoR) laws are a critical framework in the Australian heavy vehicle road transport industry, ensuring that all parties in the supply chain share responsibility for safety. Understanding the scope of the primary duty under CoR laws is essential for fleet managers and executives to ensure compliance and promote a culture of safety. This article will explore how the primary duty applies differently to various parties, the impact of a business’s influence and control, and the concept of shared but undiminished duties.
Varied Requirements for Different Parties
While each party in the supply chain has the same primary duty under CoR laws—to ensure the safety of road transport activities—what is required to discharge this duty will vary. This variation is based on the specific role and responsibilities of each party. Here’s a breakdown of how different parties can fulfill their duties:
- Consigners and Consignees: These parties must ensure that the goods are packed correctly and that the transport arrangements do not compromise safety. This includes providing accurate load information and ensuring that delivery schedules allow for adequate rest breaks for drivers.
- Loaders and Unloaders: Those responsible for loading and unloading must ensure that loads are secured properly and that the vehicle’s weight is evenly distributed. They must follow safe loading practices to prevent accidents during transport.
- Schedulers: Schedulers need to create transport plans that allow drivers to comply with fatigue management regulations. They must avoid setting unrealistic delivery times that could pressure drivers to exceed speed limits or work excessive hours.
- Operators and Drivers: Operators must maintain vehicles in a roadworthy condition and ensure that drivers are trained and competent. Drivers must follow all road laws and safety protocols, reporting any issues that could affect safety.
By tailoring safety measures to the specific functions of each party, the primary duty can be effectively met.
Nature of the Public Risk
The nature of the public risk created by transport activities also influences the level of responsibility. Public risk encompasses any potential harm to the public arising from heavy vehicle operations, such as:
- Vehicle Accidents: Risks associated with vehicle maintenance, driver fatigue, and load security.
- Environmental Hazards: Risks related to transporting hazardous materials, which could pose significant public safety threats.
- Operational Risks: Risks from operational practices, such as scheduling and route planning, that could lead to unsafe driving conditions.
For instance, a business transporting hazardous materials has a higher level of responsibility due to the greater public risk compared to a business transporting non-hazardous goods.
Influence and Control
The extent of a business’s influence and control over a matter significantly impacts its responsibilities under CoR laws. The primary duty requires parties to take measures that are within their capacity to manage. Here’s how this principle applies:
- High Influence and Control: If a business has significant control over a particular aspect of transport (e.g., an operator maintaining the fleet), it has a greater responsibility to ensure safety in that area. This might include implementing comprehensive maintenance schedules and regular safety audits.
- Limited Influence and Control: For parties with less control (e.g., a consignee receiving goods), the duty involves ensuring that they do not contribute to unsafe practices. This could involve verifying that the transport provider follows safety regulations.
Understanding the level of control allows businesses to focus their efforts where they can have the most impact.
Shared but Undiminished Duty
The primary duty under CoR laws is shared among all parties in the supply chain, meaning that multiple parties can have overlapping responsibilities. However, this shared duty does not diminish the responsibility of any single party. Each must independently ensure that their actions do not compromise safety. Here’s how this works in practice:
- Collaborative Efforts: While different parties may collaborate to ensure safety (e.g., a loader and operator working together to secure a load), each party must still fulfill its obligations independently. If one party fails to act, others must still take reasonable steps to ensure safety.
- Accountability: Even when duties overlap, each party remains accountable for their role. For example, if a scheduler sets unrealistic delivery times, the operator must still take steps to prevent drivers from breaching fatigue laws, such as adjusting schedules or refusing to accept unsafe work conditions.
This principle ensures that safety is prioritised at every level of the supply chain.
Practical Steps for Fleet Managers
- Identify Specific Responsibilities: Understand the specific duties associated with each role in your operation and tailor safety measures accordingly.
- Assess Influence and Control: Evaluate the extent of your control over various aspects of transport activities and implement appropriate safety measures.
- Foster Collaboration: Encourage collaboration among different parties to enhance safety, but ensure that each party independently meets their obligations.
- Regular Training and Audits: Conduct regular training sessions and safety audits to ensure ongoing compliance with CoR laws.
- Implement Robust Systems: Develop and maintain systems that monitor compliance and manage risks effectively.
Conclusion
The primary duty under Chain of Responsibility laws requires a nuanced approach that takes into account the varied roles of different parties, the extent of their influence and control, and the principle of shared but undiminished responsibility. By understanding these aspects, fleet managers and executives can ensure that they fulfill their obligations, promoting a safer and more compliant transport environment.
Simplify your compliance efforts and ensure you meet your CoR obligations with Hubfleet. Hubfleet’s innovative solutions, including its Electronic Work Diary (EWD) and comprehensive safety management system, help businesses monitor compliance, manage risks, and enhance operational safety. Sign up for a free trial or contact us today to discover how Hubfleet can support your business in meeting its CoR responsibilities efficiently and effectively.
