Posted by Hubfleet
Chain of Responsibility (CoR) laws are a crucial aspect of the Australian heavy vehicle road transport industry, designed to ensure that everyone in the supply chain shares responsibility for safety. For fleet managers and executives, understanding these laws is essential for maintaining compliance and promoting a culture of safety. This article will explain how to identify who has a duty under CoR laws, focusing on the chain of responsibility roles, the importance of performance over titles, the equal primary duty of all parties, and the business-centric nature of the primary duty.
The Ten Defined Chain of Responsibility Roles
The Heavy Vehicle National Law (HVNL) identifies ten key functions under CoR laws, each associated with specific responsibilities. These functions encompass all aspects of the supply chain, ensuring comprehensive accountability. The ten functions are:
- Consigner: The person or business who commissions the transport of goods.
- Consignee: The person or business who receives the goods.
- Loader: The individual or entity that loads goods onto a heavy vehicle.
- Unloader: The individual or entity that unloads goods from a heavy vehicle.
- Packer: The person or business that packs goods for transport.
- Scheduler: The individual or entity responsible for scheduling the transport of goods.
- Loading Manager: The person overseeing the loading process.
- Operator: The business operating the heavy vehicle.
- Driver: The individual driving the heavy vehicle.
- Employer/Prime Contractor: The business employing or contracting the driver.
Performance Over Titles
In CoR laws, the focus is on the performance of these functions rather than the titles or role descriptions of individuals. This means that anyone who performs tasks associated with these functions is subject to CoR obligations, regardless of their job title. For instance, if an employee of a business takes on scheduling responsibilities, they assume the CoR duties of a scheduler, even if their official title does not reflect this role.
Equal Primary Duty for All CoR Parties
Under CoR laws, all chain of responsibility roles have the same primary duty: to ensure the safety of road transport activities. This primary duty is defined as taking all reasonable steps to eliminate or minimise public risks associated with transport operations. This means that each party, from consigners to drivers, must actively engage in safety practices and cannot delegate their responsibility entirely to others in the chain.
The Business-Centric Nature of the Primary Duty
While individual employees have specific responsibilities, the primary duty under CoR laws primarily lies with the business rather than any single employee. This is because businesses are in a better position to implement systematic changes and ensure compliance across all levels. Therefore, fleet managers and executives must establish robust safety management systems, provide adequate training, and monitor compliance to fulfill their CoR obligations effectively.
Practical Steps for Compliance
- Conduct Comprehensive Training: Ensure that all employees understand their CoR responsibilities and the importance of safety in their roles.
- Implement Robust Safety Management Systems: Develop and maintain systems that monitor and ensure compliance with CoR laws across all functions.
- Regular Audits and Reviews: Perform regular audits to identify any potential breaches of CoR obligations and take corrective actions promptly.
- Promote a Safety Culture: Encourage a culture where safety is prioritised, and all employees feel responsible for maintaining safe practices.
- Utilise Technology: Leverage technology to track compliance, manage schedules, and monitor vehicle loads to reduce the risk of breaches.
Conclusion
Understanding and complying with Chain of Responsibility laws is critical for the safety and efficiency of the heavy vehicle road transport industry. By focusing on the performance of the chain of responsibility roles, acknowledging the equal duty of all parties, and emphasising the primary duty of businesses, fleet managers and executives can create a safer transport environment. Ensuring comprehensive training, robust systems, and a culture of safety will help meet CoR obligations and enhance overall operational safety.
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.
