michael crellin - national heavy vehicle regulator
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Michael Crellin Manager, Chain of Responsibility
November 2016
Chain of Responsibility & Heavy Vehicle Safety Conference
The Primary Duty – and what it means
Creating conditions for a Safety culture
Critical Relationships
Influencing the influencers
Education & Guidance
Overview
Primary Duty: Driving a new direction
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Current Regime July 2018
Deemed Liability Primary Duty
Reasonable Steps So Far as Reasonably Practicable
Onus on Defendant Onus returns to Prosecution
Fatigue, Speed, MDL Vehicle Standards added
Executive Officers after Corporation Positive Duty
Focus upon driving breaches Focus upon Business Practices
CoR: Desperately seeking Safety
Clarifying the What?
Informing Best Practice and helping to prompt the How? Without prescription.
Establishes the Why?
Enables end-to-end monitoring and identifies the Who?
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CoR: Creating a Safety Culture
Regulatory Framework: Punitive Restorative Deterrent? Corrective? Lineal compliance (Braithwaite, et al) Motivators
Profit Benevolence Ethical
Informa CoR & Safety Conference 14/11/16
CoR: Creating a Safety Culture
Education/Information Changing the dialogue (semantics or substance?) Focus upon behaviour Making a personal connection
Partnerships Governance Assurance
Safety starts with a positive choice. Driving it through the business builds the culture.
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CoR: Relationships are critical
Transporter
Consignor Consignee
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CoR: Relationships are critical
Transporter
Consignor Consignee
Safety
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CoR: Influencing the influencers
Simple
Friendly
Trustworthy
Commitment
Caring Smart
Simple Commitment
Caring
Contracts & Agreements
Causal Factor Investigations
Governance
Interventions
Intelligence driven Assurance
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CoR: Causal Factor Investigations
Systemic Failure
Business Practices
Contractual Agreements
Management Controls
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CoR: Intelligence-driven operations
Serious, deliberate, unsafe, and determined non-conformance 5%
Observers. Monitoring the regulatory environment and deciding whether to ‘take the risk’. Assessing prospects of detection & penalty vs. reward.
10%
Strivers. Bulk of our industry – wanting to do the right thing, wanting a level playing field, actively seeking safe practice.
85%
Litigation
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CoR: Interventions, not enforcement
Powers
Consult
Litigation
Mediate
Litigation Prosecutions and court orders to punish, restore, and force adherence to the law.
Powers Formal processes utilising
legislative powers to obtain information, conduct
searches, etc.
Mediate Negotiated agreement to address system gaps and ensure compliant, safe practice.
Consultation No fault, no blame
collaboration. Systems analyses for sustainable
behaviour change.
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CoR: Products & Activities
Codes of Practice Developing Codes of
Practice with Industry, based upon Best Practice
Industry
Investigators
Tools & Guidance Designing and building useful
compliance management tools that generate safer practices
Best Practice
Workshops to identify Best Practice for: • Industry • Investigations
Investigator Development Program Advancing investigative capability for powers, education, consultation & assurance
Industry Education Providing knowledge and capability to build management systems
Investigations Manual Developing clear guidance for the conduct of CoR Investigations
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CoR: Compliance & Safety is an outcome
• Acknowledgement
• Commitment
• Investment
• Plan & Implement
If you see something … do something!
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Thank You
Michael Crellin
Manager, Chain of Responsibility National Heavy Vehicle Regulator
michael.crellin@nhvr.gov.au Ph: (07) 3309 8577
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