amic seminar, sydney, oct 29 th 2008 luke fraser, alta executive director working at heights and...
TRANSCRIPT
AMIC seminar, Sydney, Oct 29th 2008
Luke Fraser, ALTA Executive Director
Working at Heights and
Driver Fatigue Laws
‘Risks and Duties for Processors’
Stock Transport: Risks and Duties for Processors…
• Falls from stock crates = regulator attention! • Driver fatigue laws– general OH&S duties now on
processors. Enforcement in earnest in early 2009!
Working at Heights
Falls from stock crates – ALTA position:
“It doesn’t happen often” doesn’t cut it!
1. How can the problem be addressed?
2. Who is responsible for the problem?
How can the problem be addressed?
1. Examine risk: = likelihood/consequence
2. Isolate contributing factors:- safety gear crate condition, training, policy, etc
3. Risk assessment/mitigation strategy
‘Who is responsible?’
Important ‘who does what’ in response to it.
Where the thinking appears to be going:
• Processor to provide a safe ‘workplace’
• Carrier has to provide a safe ‘workplace’
• Both ‘workplaces’ interact to create safety
So for carriers…might looks like:
Right gear, safe stock crates, company risk
plan and policy, drivers trained and informed
And for processors…might look like:
Providing level, drained loading surface,
safe ramps, no overhead obstacles.
For extra processor peace of mind…Establish policy of only using carriers where
you can cite company working at heights policy.
Alternative processor scenario
Invest in plant ladders, harness systems,
gantries etc…but risk prosecution when
carriers get it wrong, aren’t trained, don’t use, etc
Key messages…
• Make carriers accountable for their own behaviour on your property
• Document your policy, communicate it.
• Keep talking to us and OH&S authorities
• Be consistent – one rule for all or forget it
New HV Driver Fatigue Laws
Why the change?
Beyond the Midnight Oil: Fatigue In TransportSenate Inquiry (2000)
• Fatigue in road transport a major killer• Pushes drivers towards drugs, speeding• Road accidents cost Australia $17 billion a year• New laws are required• Customers need to be part of the solution• 2006 State/Territory/Feds all vote for the laws
What some customers are saying:
“I just organise the kill – it’s a carrier issue”
“Just another headache I don’t need”
“I’m not changing my approach for this crap”
So what are these laws really for?
What driver fatigue can do
What driver fatigue can do
What driver fatigue can do
Everyone is put at risk…
THE CHAIN OF RESPONSIBILITYNew legislation affects the driver but also:
• The employer of the driver
• The prime contractor of the driver
• The operator of a vehicle
• The scheduler of the goods and of the driver
• The consignor (sender) of the goods for transport
• The consignee (receiver) of the goods for transport
• The loading manager of the goods
• The loader and the unloader of the goods
YOUR COMMON DUTY
All parties in the chain of responsibility must take reasonable steps to ensure a driver does not:
• Drive while fatigued
• Drive in breach of legal working hours
• Drive in breach of another law to avoid breaching fatigue laws (ie break speed limit).
PENALTIES ARE REAL
Successful investigation = consequences
• Laws define fatigue risks as severe
• First fine $5,000
• Second fine $10,000
• 5X corporate multiplier (that’s you!)
• Courts garnish profits of serial offenders
The culture change for processors…
• No ‘last minute’ jobs• Allow carriers time to
schedule drivers• Ensure drivers not
pushed over legal working hours to get your job done
• On road breaches will bite customers
Cooperation and mutual accountability
Carriers must live within allotted work hours
Typically 12-14 working hours per day
Those contributing to the problem pursued
Early notice fixes 90% of these issues!!!
Best defence for processors: don’t buy in to the carrier’s fatigue responsibilities…
• Carriers have significant scheduling, training and recordkeeping requirements to manage these new laws
• Don’t second guess them if they say it can’t be done for fatigue reasons – rework the schedule.
• Don’t talk to their driver and tell him where and when. • Organise the job early with the carrier.• Recognise the fatigue issue is theirs to manage• Help the schedules become legal through good planning
Let’s be practical…• How many jobs are really ‘last minute’?
• Kill chain operations often reliable
• Your livestock managers have a role to play
• ‘When they get a job, tell the carrier at the time!’• Gives them time to get fresh drivers ready
• ‘Emphasise to buyers that having stock ready for pickup at assigned times is important!’
Legal contracts for every job?
• Not practical – 99% verbal contracts!
• Common sense and culture change will greatly limit your exposure to risk
• Document the culture change – consider buyer induction training on fatigue laws and how to deal with truck scheduling
Where processors might be most exposed…• Buying at saleyards• Post-sale weighing of stock takes hours• Eats into legal driver working hours• Drivers arrive at your plant out of legal hours – you are implicated!• Talk with buyers and saleyards to improve it
Summing up…
• Fatigue laws are not going away!
• Nobody can fight the safety argument in this
• Cooperation required by all
• Driver and customer culture needs to change
• You have a role to play – help keep it legal!
