Chain of ResponsibilityChain of Responsibility

The Journey So Far

Peter Wells, NSW Roads and Maritime ServicesPeter Wells, NSW Roads and Maritime Services

Prepared: November 2012

Overview (1 of 2)

• Important legislation to efficiently achieve broad policy objectives

• Allows Co.’s flexibility to achieve ‘Reasonable steps’– can be a wide range of approaches to achieve ‘Reasonable Steps’

– manage as suits your business -

• National approach is critical

• NSW has been very active

• Focus is on the most important contributing party

Important legislation to efficiently achieve broad policy

Allows Co.’s flexibility to achieve ‘Reasonable steps’can be a wide range of approaches to achieve ‘Reasonable Steps’

but you must act

National approach is critical

NSW has been very active

Focus is on the most important contributing party

Overview (2 of 2)

The ChallengeThe Challenge• Growing freight task – 5-6% compound growth;

e.g. 2x growth in coal transport in NSW over 20 years

e.g. 3x growth of shipping containers through Port Botany over 20 years.

2. Compounding safety risk.

3. Pressing National need to boost productivityembedded cost of goods and services and 13.8% of GDP (NSW Freight and Ports Strategy).

6% compound growth;

e.g. 2x growth in coal transport in NSW over 20 years

e.g. 3x growth of shipping containers through Port Botany over 20 years.

Pressing National need to boost productivity – noting freight is an embedded cost of goods and services and 13.8% of GDP (NSW Freight

CoR Areas

1. Speed

2. Fatigue

3. Restraint

4. Dimension4. Dimension

5. Mass

1. Speed

2. Fatigue

3. Restraint

4. Dimension

5. Mass

Legislation introduced in NSW 2005

• Since then, RMS has:– Provided generic and targeted education

– Brought parties to the table by negotiation or by legal notice

– Developed cross agency / interstate partnerships

– Data analytics - to target problems + to reward good operators

– Engaging industry / Leadership Forums / regular industry sessions– Engaging industry / Leadership Forums / regular industry sessions

– Conducted special operations

– Developed a strong partnership with NSW Police and interstate road transport agencies to enforce the legislation

Legislation introduced in NSW 2005

Provided generic and targeted education

Brought parties to the table by negotiation or by legal notice

Developed cross agency / interstate partnerships

to target problems + to reward good operators

Engaging industry / Leadership Forums / regular industry sessionsEngaging industry / Leadership Forums / regular industry sessions

Conducted special operations

Developed a strong partnership with NSW Police and interstate road transport agencies to enforce the legislation

Weighing in Motion

Results to Date

• Industry support for targeting non

• Weighing in Motion (WiMs) at Port Botany

• Supreme Court issuing the first Compensation Orders ($1.4M)

• ‘Business model’ involving non-compliance being severely tested

• Close co-operation between agencies

• Significant drop in incidents of excessive speed (being analysed)• Significant drop in incidents of excessive speed (being analysed)

• Parties approaching us for information

Industry support for targeting non-compliance

Weighing in Motion (WiMs) at Port Botany

Supreme Court issuing the first Compensation Orders ($1.4M)

compliance being severely tested

operation between agencies

Significant drop in incidents of excessive speed (being analysed)Significant drop in incidents of excessive speed (being analysed)

Parties approaching us for information

Maitland Bridge

Total Number of Charges Laid (as at 22/10/12)

Parties in the Chain Charges Laid

Consignee 685

Consignor 512

Director 468

Employee 2

Employer 17

Loader 9

Operator 1542Operator 1542

Owner 1

Responsible Party 18

Scheduler 14

TOTAL 3268

(as at 22/10/12)

Charges Laid Individuals Charged

685 9

512 59

468 26

2

3

6

1542 1381542 138

1

4

2

3268 250

Going Forward…

• A strategic and targeted approach– Companies

– Vehicles

– Sectors

• Close collaboration between Police and RMS

• Collaboration between States• Collaboration between States

• Increasing focus on ‘Other Parties’

A strategic and targeted approach

Close collaboration between Police and RMS

Collaboration between StatesCollaboration between States

Increasing focus on ‘Other Parties’

Going Forward cont…

• More sophisticated use of profiling and intelligence

• Overt and covert operations around specific harms

• Partnering with good quality operators / parties

• Openly seek continuous improvement– Improving safety– Improving safety

– Supporting productivity

More sophisticated use of profiling and intelligence

Overt and covert operations around specific harms

Partnering with good quality operators / parties

Openly seek continuous improvement

Going Forward cont…

CohortCohort

Top 10-20%

Middle 70-80%

Bottom 10%

Going Forward cont…

Cohort RMS Response / Approach

Top 10-20%

• Collaborate on strategy, productivity and reform• Identify and encourage best practice• Jointly discuss emerging issues / trends

Middle 70-80%

• Education, encouragement, persuasion• Facilitate reforms for productivity and reform •Work on continuous improvement

Middle 70-80%•Work on continuous improvement•To identify problems for attention

Bottom 10%

•Will receive 50% of compliance effort• Insistence on improvement, regulatory control• Enforcement focus• Clear messages on what is needed for improvement

RMS Response / Approach

Collaborate on strategy, productivity and reformIdentify and encourage best practiceJointly discuss emerging issues / trends

Education, encouragement, persuasionFacilitate reforms for productivity and reform Work on continuous improvementWork on continuous improvementTo identify problems for attention

Will receive 50% of compliance effortInsistence on improvement, regulatory control

Clear messages on what is needed for improvement

Going Forward cont…

Cohort RMS Response / ApproachCohort RMS Response / Approach

Top 10-20%

• Collaborate on strategy, productivity and reform• Identify and encourage best practice• Jointly discuss emerging issues / trends

•

•

•

Middle 70-80%

• Education, encouragement, persuasion• Facilitate reforms for productivity and reform •Work on continuous improvement

•

•

•

•Work on continuous improvement•To identify problems for attention •

Bottom 10%

•Will receive 50% of compliance effort• Insistence on improvement, regulatory control• Enforcement focus• Clear messages on what is needed for improvement

•

•

•

•

Industry ResponseIndustry Response

• Profitable and long term businesses• Strategic engagement• Rare compliance issues

•Assist, encourage, persuade• Continuous improvement model•

Continuous improvement model• Occasional compliance issues

• Not viable for the long-term• High cost of doing business• Unexpected enforcement• Regular compliance issues

Strategic Risks to CoR

• Need for engagement and ensuring people do actually take ‘reasonable steps’

• Take-up beyond the transport sector

• Take-up of Codes of Practice

• Resistance to cultural change• Resistance to cultural change

• A need to factor in safety into work design

Need for engagement and ensuring people do actually

up beyond the transport sector

up of Codes of Practice

Resistance to cultural changeResistance to cultural change

A need to factor in safety into work design

The case for Chain of Responsibility

• Why bother with CoR implementation in my Company?

– Legal requirement

– Efficiency and better practice

– Risk vs reward

– An imperative to cope with growth– An imperative to cope with growth

The case for Chain of Responsibility

Why bother with CoR implementation in my Company?

Efficiency and better practice

An imperative to cope with growthAn imperative to cope with growth