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Victorian Forestry Contractors Information BookletHow to find more information 2Message from the Minister for Industrial Relations, the Hon Rob Hulls MP 2Rob Hulls MP 2Minister for Industrial Relations 2Message from the Forestry Industry Council 2OVERVIEW: WHAT IS CONTAINED IN THIS INFORMATION BOOKLET? 3Part 1: The Owner Drivers and Forestry Contractors Act 2005 (Vic) 3Part 2: Small Business Resources 4Part 3: Regulations and Safety 4

PART 1 THE OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 41.1 Who Is Covered by the Act? 41.2 When Does the Act Come into Effect? 41.3 Some New Terms 41.4 Unconscionable Conduct 51.5 Contract Requirements 61.6 Joint Negotiations for Forestry Contractors 61.7 No Victimisation for Exercising Rights under the Act 71.8 The Information Booklet and Rates and Cost Schedules 71.9 Code of Practice 81.10 Dispute Resolution Process 9

PART 2 SMALL BUSINESS RESOURCES 112.1 Using the Internet 112.2 Accountants And Financial Advisers 112.3 Business Advice Services 122.4 Legal Advisers 13

PART 3 REGULATIONS AND SAFETY 14SECTION A – OVERVIEW 143.1 Who’s Who in the Regulation of the Forestry Industry 143.2 Laws and Regulations relevant to the Forestry Industry 153.3 Emergency Procedures, Fire and Protest Management 16

SECTION B - HEALTH AND SAFETY: FORESTRY CONTRACTORS 173.4 How to Deal with Safety Problems 173.5 General Principles 173.6 WorkCover Safety Publications 183.7 Documenting Health and Safety Systems 183.8 Working in the Forest – Health and Safety Topics 19

SECTION C – HAULAGE CONTRACTORS 253.9 Important Safety Information 253.10 Daily Vehicle Inspections 263.11 Speeding and Road Rules 263.12 Loading, unloading and restraining logs 273.13 Licence Requirements 283.14 Accreditation 293.15 Rigid trucks and trailers 303.16 Auxiliary brakes 313.17 Mass, Dimension, Oversize and Rear Overhang Limits 31

1Victorian Forestry ContractorsInformation Booklet

3.18 Truck Stops and Rest Areas 313.19 Route and Planning Information 323.20 Codes of Behaviour 333.21 Understanding and managing fatigue 333.22 Your Health and Wellbeing 35

Acknowledgements 37APPENDIX 1: OWNER DRIVERS AND FORESTRY CONTRACTORS CODE OF PRACTICE 38APPENDIX 2: APPOINTMENT OF NEGOTIATING AGENT FORM 38

APPENDIX 3 SAMPLE RATES AND COSTS SCHEDULE 38APPENDIX 4: ORGANISATIONS, CONTACTS AND WEBSITES38APPENDIX 5: VICROADS: TRANSPORT SAFETY SERVICES OFFICES 40

How to find more informationThe best way to get more information on any of the topics covered in this information booklet is to use the Internet. Follow the steps below and you will be taken to a website with further information on the topic.

Message from the Minister for Industrial Relations, the Hon Rob Hulls MPIn 2001, the Victorian Government conducted an inquiry into harvesting and haulage in the Victorian native hardwood sector. The inquiry found low rates of return and contract insecurity that acted as a discouragement on investment in new technology.

Three years later an inquiry conducted by Industrial Relations Victoria found that there were a number of common problems between forestry contractors and owner drivers, including lack of bargaining power, limited small business skills and financial pressure. Following the report, the Victorian Government passed the Owner Drivers and Forestry Contractors Act 2005. The Act aims to assist forestry contractors to run safe and successful businesses by:

regulating harsh and unjust business practices;

providing this information booklet and rates and cost schedules to forestry contractors to provide information to assist them to successfully manage their businesses;

providing low cost resolution of disputes by Victoria’s Small Business Commissioner.

The Forestry Industry Council established under the Act has a crucial role in advising the Government and in preparing this information booklet. I thank Chairperson Neil Pope and the Council members for contributing their considerable expertise, time and efforts to this important work.

I am confident that the Forestry Contractors Information Booklet will become a valued resource for current and future forestry contractors, and will help to create a thriving forestry contractor sector.

Rob Hulls MPMinister for Industrial Relations

Message from the Forestry Industry CouncilThe harvesting and haulage sector of the forestry industry is economically significant for many Victorian families and for the economies of Victorian regional communities. The Forestry Industry Council has worked closely with the Victorian Government to prepare this information booklet so that forestry contractors have a good understanding of the requirements of the Owner Drivers and Forestry Contractors Act and to provide guidance on the regulations that apply to their work. Information on how to conduct more successful businesses is available on Industrial Relations Victoria’s website at www.irv.vic.gov.au

The Forestry Industry Council welcomes your feedback on the information booklet. Let us know which parts you found useful, and what other matters you would like to see covered in future editions, by contacting Industrial Relations Victoria on 9651 9200.


http://www.irv.vic.gov.au/

Neil PopeChairperson of the Forestry Industry Council

COUNCIL MEMBERSGarry Blackwood, Victorian Harvesting and Haulage Council

Garry Leeson, Victorian Harvesting and Haulage Council

Nicholas Murray, Victorian Association of Forest Industries

Cameron Macdonald, VicForests

Matthew Crapp, VicForests

Lisa Saxton, Department of Primary Industries

Kevin White, Australian Plantation Products and Paper Council

Jane Calvert, Construction Forestry Mining and Energy Union

Darren Rounds, Construction Forestry Mining and Energy Union

DisclaimerThe content of this Information Booklet is drawn from a range of sources and the advice of industry participants, and is provided for information and general guidance purposes only. No claim is made as to the accuracy, currency or completeness of the content of this information booklet. While the information is intended to be of general assistance, it is not intended to provide professional advice to any person or organisation.

You should make your own inquiries as to the appropriateness and suitability of the information in this information booklet for your particular circumstances. You should note that laws and regulations change from time to time. You should check the information, including verification of whether the laws or regulations referred to are current.

The Victorian Government and this agency (Department of Innovation, Industry and Regional Development) do not accept any liability to any person for the information (or the use of such information) that is provided or referred to in this information booklet. No responsibility is taken for any information or services that may appear on any of the websites referred to in the information booklet. Further, the views expressed in the information booklet or on linked websites are not necessarily endorsed by and may not reflect either the policies or practices of the Government of Victoria.

Additionally, although we have made every effort to ensure that the material provided is complete, current, reliable and free from error, we do not warrant or make any representation about the accuracy, adequacy or completeness of the information.

We welcome feedback from you about the information booklet – contact Industrial Relations Victoria on 9651 9200.

OVERVIEW: WHAT IS CONTAINED IN THIS INFORMATION BOOKLET?The information booklet is divided into three parts as follows:

Part 1: The Owner Drivers and Forestry Contractors Act 2005 (Vic)Part 1 provides an overview of the new Act, Code of Practice, rates and cost schedules and the new dispute resolution service offered by the Victorian Small Business Commissioner. In this Part you can also find out about what constitutes unconscionable conduct, how to conduct joint negotiations and about the Act’s new requirements for contracts and termination notice periods.

Part 2: Small Business ResourcesPart 2 contains a brief introduction to the key small business resources.


If you want information that will help you get the best results in setting up your business, buying equipment or vehicle and negotiating contracts, please see Industrial Relations Victoria’s website at www.irv.vic.gov.au and follow the links to forestry contractors – information booklet.

Part 3: Regulations and SafetyPart 3 covers the safety laws and other regulations that apply to forestry contractors. In this Part you can, for example, find out about emergency procedures, fire and protest management and health and safety issues.

PART 1 THE OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005The Owner Drivers and Forestry Contractors Act 2005 (Vic) provides important new rights for forestry contractors.

1.1 Who Is Covered by the Act?The Act applies to harvesting and haulage contractors and their hirers.

“Haulage contractor” means sole traders, non-public companies or partnerships that provide services transporting forest products. The Act only applies to haulage contractors where the owner of the business also drives one of the vehicles. All harvesting contractors (other than public companies) are covered by the Act. Forestry contractors are also referred to in the Act and the Code of Practice as “contractors”.

1.2 When Does the Act Come into Effect?The parts of the Act establishing the Forestry Industry Council, allowing the Code of Practice to be made and allowing for joint negotiations commenced on 1 February 2006. The remainder of the Act and the Code of Practice commenced operation on 1 December 2006.

1.3 Some New TermsTerm Meaning

Code of Practice Means the Owner Drivers and Forestry Contractors Code of Practice made under Part 3 of the Act. The Code is set out in Appendix 1.

Dispute resolution process

The process for resolving disputes between forestry contractors and hirers arising under or in relation to a contract, or in relation to the Act or Code is set out in Part 5 of the Act.

Forestry Industry Council (FIC)

The FIC is made up of representatives of participants in the forestry industry. The FIC has a number of tasks under the Act.

Hirer This is the business that engages the forestry contractor.

Industrial Relations Victoria (IRV)

IRV is the Government Department that is responsible for administering the Act. IRV has a website with information about the Forestry Industry Council and the Act at www.irv.vic.gov.au .




Haulage contractors Haulage contractor is defined in section 5 of the Act. In summary, “haulage contractor” means a person, company or partnership transporting forest products, where the owner of the business also operates one of those vehicles.

Harvesting contractors Harvesting contractor is defined in section 6 of the Act. In summary, “harvesting contractor” means a person, company or partnership using motorised equipment to harvest forest products.

Rates and Costs Schedules

These schedules are prepared by the Forestry Industry Council for harvesting and for haulage and are based on the native forest and plantation sectors. The schedules set out examples of typical operating costs, and act as a guide to assist forestry contractors to prepare their own individual cost models. The schedules can be found on www.irv.vic.gov.au .

Victorian Small Business Commissioner (VSBC)

The Small Business Commissioner was established to provide assistance to Victorian small businesses. The VSBC performs the important mediation function under the Act. Further information is available at www.sbc.vic.gov.au .

Tribunal (or VCAT) If a dispute cannot be resolved by mediation, the dispute can be referred to the Victorian Civil and Administrative Tribunal for resolution.

More information on the Act

You can download a copy of the Act, the Code of Practice and the Minister’s second reading speech from www.irv.vic.gov.au. The website also contains background material, “frequently asked questions” and summaries of the new legislation. You can also ring the Victorian Business Line on 13 22 15 for more information.

1.4 Unconscionable ConductPart 4 of the Act deals with “unconscionable conduct” by hirers towards contractors and by contractors towards hirers. The Act sets out the factors that VCAT may examine when deciding if conduct is unconscionable conduct.

Generally speaking, unconscionable conduct occurs where a stronger party to a transaction exploits the weaker party in a way that is unreasonable or unfair. The Macquarie Dictionary defines unconscionable as:

unreasonably excessive;

not in accordance with what is just and reasonable;

not guided by conscience, unscrupulous.

Just because conduct is commercially tough does not make it unconscionable. Businesses are allowed to be rigorous and competitive in their dealings with other businesses, but must not behave unconscionably.

Any allegation of unconscionable conduct by a hirer or a contractor is dealt with the under the dispute resolution procedure in Part 4 of the Act, and will first be mediated by the Small Business Commissioner. If not resolved, the dispute can be referred to the Victorian Civil and Administrative Tribunal (VCAT). VCAT may have regard to the requirements of the Code of Practice in determining whether the conduct of a hirer or a contractor constitutes unconscionable conduct. The Code sets out examples of conduct likely to be unconscionable (see section 1.10 of this information booklet). However, what may amount to unconscionable conduct will depend on all the circumstances.

More information on unconscionable conduct

Read section 31 of the Act by following the link to the Act at www.irv.vic.gov.au. If you feel you may have experienced unconscionable conduct, seek advice from your association, union or professional adviser.




http://www.sbc.vic.gov.au/


Telephone the Victorian Small Business Commissioner (VSBC) on 13 8722 or go to www.sbc.vic.gov.au .

1.5 Contract RequirementsMinimum period of notice of termination must be givenForestry contractors who have been in an ongoing engagement for more than three months are entitled to a minimum period of notice of termination of their contracts (except in the case of serious and wilful misconduct). The notice period may be worked out, or paid in lieu. Section 22 sets out a formula for calculating payment in lieu of notice. Under sections 21 and 22 of the Act, the minimum period required to be given by either party to terminate the contract is:

three months’ notice for vehicles in excess of 4.5 tonnes GVM (gross vehicle mass);

one month’s notice for other vehicles.

If this does not suit the forestry contractor, the requirement can be waived by the forestry contractor obtaining a certificate from the Small Business Commissioner. This can be done before the forestry contractor is hired, during the engagement or at the time one of the parties wants to terminate the contract. An application form to waive the notice period is available from the Small Business Commissioner’s website.

More information on obtaining an exemption from the notice requirements

Telephone the Victorian Small Business Commissioner (VSBC) on 13 8722 or go to www.sbc.vic.gov.au .

Forestry contractors can still have a fixed term contract that comes to an end automatically on the expiry date.

Restrictions on deductions from income for insurance, goods or servicesSections 23 and 24 of Act state that a hirer must not require a contractor to pay money for services or goods provided by the hirer unless the:

costs are specified in the contract (that is, they are agreed);

costs are a direct and proper reflection of the cost of the service provided; and

contractor has been provided with an opportunity to obtain the same or equivalent services or product from an alternative supplier.

Further, a contract must not make deductions for insurance costs unless a policy is in place and a copy of the policy has been provided to the forestry contractor. The hirer can still organise group discounts on services for forestry contractors (for example for fuel, tyres or insurance), and make deductions for these amounts, but only where the above requirements are met.

Contracts must be in writing and specify the minimum number of hours or incomeSection 20 provides that on-going contracts (of more than one month) must be in writing, and must specify the minimum income or hours of work under the contract. The minimum could be zero, but the parties must be up-front and clear about what work they are guaranteeing.

Written contracts, especially for longer term arrangements, are good business practice and help reduce disputes and uncertainty. Written contracts do not have to be long, or complex and legalistic.

1.6 Joint Negotiations for Forestry ContractorsSections 25 and 26 of the Act allow for forestry contractors and hirers to appoint a person or an organisation to be their negotiating agent to negotiate contracts. The agent could be another forestry contractor, a forestry contractor committee, a union, industry association or business adviser. A party appointing an agent can require the other party to negotiate only through their agent.

A group of forestry contractors may, if they choose, do any or all of the following: appoint an agent, jointly prepare a claim, jointly negotiate with their hirer or enter a single agreement.




Hirers are not obliged to offer the same terms to all forestry contractors in the group, but must deal with the appointed agent. No one can be forced to use an agent or to jointly negotiate.

Section 64 of the Act provides that this conduct is authorised conduct for the Trade Practices Act 1974 (Cth). However, breaches of contract, strikes or boycotts continue to be unlawful.

More information on appointing a negotiating agent

The model form for forestry contractors to appoint a negotiating agent is contained in Appendix 2. You can download this form from www.irv.vic.gov.au.

Your union or industry association can also assist you.

1.7 No Victimisation for Exercising Rights under the ActSection 61 of the Act provides protection for forestry contractors who seek to exercise the new rights under the Act, including bringing a proceeding, informing someone of a contravention of the Act or participating in joint negotiations. It is also a breach of the Act for a hirer to punish a forestry contractor for raising issues of health and safety with any person, or for seeking improvements to their rates and conditions, or proposing to do so.

1.8 The Information Booklet and Rates and Cost SchedulesGiving forestry contractors informationThe Act has new requirements to ensure that forestry contractors have important information about their businesses and the market for their services before being locked into a contract.

A hirer who engages a forestry contractor on an ongoing basis, or for a period of 30 days or longer, or for 30 days in any three month period, must provide that forestry contractor with a copy of this information booklet and with the applicable rates and costs schedule at least three days prior to engagement. These requirements also apply to tender situations. The rates and costs schedules will be revised by the Forestry Industry Council each year, and hirers must also provide any new varied schedule to all current forestry contractors as soon as practicable after publication.

If the hirer does not comply with the above requirements, the forestry contractor can notify a dispute to the Small Business Commissioner. If the dispute is not resolved through mediation, the Victorian Civil and Administrative Tribunal has an additional power under section 45 of the Act to order payment of a fair amount for the services (section 45).

What are “Rates and Costs Schedules”?Rates and costs schedules (“schedules”) are published by the Minister after advice from the Forestry Industry Council. Different schedules are published for different types of operations, vehicles and for the native forests and plantation sectors.

The schedules set out the typical operating costs of a forestry contractor business. The operating costs are made up of variable costs (which vary depending on kilometres travelled such as fuel and tyres), and fixed costs (such as registration, finance, administration, insurance and superannuation). The schedules also provide information on rates that would typically apply for the contractor’s own labour if he or she did the work as an employee.

Rates and costs schedules have been published for different sector types.

Rates and cost schedules published for the native harvesting sector include:

Harvesting

Haulage – Double Shift Jinker

Haulage – Single Shift Jinker

Haulage – Double Shift Quad Dog

Rates and cost schedules published for the plantation sector include:

To be added

A sample schedule (for native harvesting) is included as Appendix 4 to this information booklet.



How do I use the rates and costs schedules?The rates and costs schedules do not set out minimum rates that your hirer must pay. However, you can use the rates and costs schedules to:

gain a better understanding of the typical operating costs of a harvesting or haulage contractor business;

inform your negotiations;

calculate how increases and decreases in different cost items affect your overall earnings and profitability.

Of course, every business in the forestry industry is different – your own costs will be different from the schedule, and depend on many factors.

The schedules aim to be a guide based on a sample business, and to act as a tool to assist you in planning your own unique costs structure. This is dealt with in detail in section 3.3.2 of this information booklet.

Using the electronic version of the schedule applicable to your sector and operation type (available from www.irv.vic.gov.au) you can type in your own operating costs and the spreadsheet will automatically create your own unique cost model. You can also use the model in seeking advice from your accountant or business adviser. A guide on how to use the schedule to calculate your own cost structure is contained in section 3.3.2 of this information booklet.

More information on rates and cost schedules

The schedules are available from www.irv.vic.gov.au

You can download an Excel electronic spreadsheet of the relevant schedule at www.irv.vic.gov.au and use it to develop a cost model for your own business.

1.9 Code of PracticeThe Owner Drivers and Forestry Contractors Code of Practice (the Code) promotes fair and equitable business relationships between forestry contractors and their hirers. The Code is contained in Appendix 1.The Code describes conduct that is likely to be unconscionable, and contract terms that are likely to be unjust contract terms. The Code provides examples within the context of the forestry industry to assist contractors and hirers to avoid such conduct. The Code also contains some mandatory requirements with which hirers and contractors must comply. The Code sets out requirements and guidance for the industry and is arranged as follows:

Part 1 – Introductory

This part sets out the objectives of the Code, defines some terms used in the Code and describes who it applies to.

Part 2 – Conduct during negotiations

This part deals with a range of matters concerning the fair conduct of negotiations, including:

unconscionable conduct during negotiations (section 4)

best practice in negotiations (section 5)

parties must not claim to exclude the Act or other laws or the Code (section 6)

disclosure of information (section 7)

best practice for dispute resolution (section 8)

misleading advertising (section 9)

special issues when purchasing new vehicles (section 10)

principles for setting and reviewing rates (sections 11, 12 and 13)

period of time for payment of invoices (section 14)

Part 3 – Deductions and Statements

This part deals with deductions from remuneration, deductions for the use of the hirer’s equipment and technology, and deductions in the nature of penalties.

Part 4 – Allocation of Work, Working Arrangements and Absences



This part deals with the fair allocation of work, working arrangements and absences due to illness or family responsibility.

Part 5 – Additional Provisions for Forestry Contractors and Hirers

This part sets out some alternative and additional provisions for the forestry industry and some additional examples in the context of the forestry industry.

More information on the Code of Practice

The Code is Appendix 1 to this information booklet. Additional copies may be obtained at www.irv.vic.gov.au

If you believe your hirer has breached the Code, follow the dispute resolution process set out in section 1.10 below.

1.10 Dispute Resolution Process Try and resolve the dispute yourself before using the new processes under the Act.

Your union or industry association can assist you.

Everyone should work as normal while the dispute resolution process is worked through.

The Act provides a process for the resolution of disputes arising under or in relation to the Act, the Code or the contract between the parties. Allegations that a person has acted unconscionably, or breached any of the new requirements in the Act as set out above can be dealt with through this process. A dispute may be between one or more hirers and one or more contractors. There are two stages in the process:

Stage 1 Fast, low-cost mediation by the Small Business Commissioner

Stage 2 A formal hearing by the Victorian Civil and Administrative Tribunal

Before using the new dispute resolution processTo have a good commercial relationship, you should first attempt to resolve any dispute directly with your hirer. Unions and industry association also play a very important role in resolving disputes, and will be able to advise and assist you. Section 8 of the Code recommends that certain steps be taken before using the formal mechanisms under the Act. Your contract may also require you to undertake certain steps if a dispute arises. See section 3.8 of this information booklet for more information on resolving disputes.

Stage 1: Victorian Small Business CommissionerAbout the Victorian Small Business Commissioner (VSBC)The SBC is an independent office established by the Victorian Government to assist small businesses. It has four key messages to business, big and small:

Be informed – know your rights and obligations, and you will avoid trouble.

The SBC settles disputes quickly, allowing parties to get on with business.

Unfair business conduct will not be tolerated.

Government needs to be small business conscious, to improve the Victorian business environment.

The Victorian Small Business Commissioner’s role in relation to forestry contractorsThe SBC provides an alternative dispute resolution service for forestry contractors and their hirers. This includes providing:

preliminary assistance and advice to ensure forestry contractors and hirers are fully aware of their rights and obligations; and

an independent, low-cost, accessible and confidential mediation service.

Disputes between forestry contractors and their hirers must come before the SBC for mediation before being referred to the Victorian Civil and Administrative Tribunal (VCAT). If a party refuses to take part in, or withdraws from, the SBC mediation, VCAT may make an order for costs against that party.



Referring a dispute to the Victorian Small Business CommissionerBoth forestry contractors and their hirers may refer disputes to the SBC. Before lodging a dispute, you should discuss the matter with the VSBC by telephoning 13 8722.

You can fill out the simple form available from www.sbc.vic.gov.au, or ask for a copy of the form to be mailed to you.

The mediation processMediation for forestry contractors and their hirers will be conducted by mediators with commercial experience. Mediation aims to resolve all of the issues between the parties, and to keep the relationship going and allow everyone to “get on with business”. The role of the mediator is to help the parties to communicate openly and to evaluate their options to reach their own agreement. Mediators are not judges, do not determine binding outcomes, and do not give either party advice.

How long does it take for a dispute to be mediated?After receiving a notification, the SBC first seeks to resolve the matter without the need for mediation. If mediation proceeds, this usually happens within eight to ten weeks, but if your dispute is urgent, a shorter time frame can be set. Tell the SBC if your dispute is urgent. Mediations can be arranged in regional Victoria.

A mediation session is generally conducted over a three to four hour period.

A party can seek an injunction (an order to stop someone from doing something) from VCAT before mediation by the SBC if the circumstances are urgent and justify such an order.

Costs of mediationThere is no fee to file the form notifying a dispute. If the dispute proceeds to mediation, the cost is $95 for each party, paid on the day. This is significantly less than the cost of a private mediator. The SBC pays the remainder of the mediator’s fees. In some cases, where the stakes are high, a greater contribution to the cost of the mediation may be sought from the parties.

Stage 2: The Victorian Civil and Administrative Tribunal (VCAT)If mediation does not successfully resolve your dispute, you may elect to refer the dispute to VCAT for a more formal hearing and a binding determination. For this to occur, the SBC must first certify that mediation has failed, or is unlikely, to resolve the dispute. VCAT may make a range of orders, including:

an order for a party to do or refrain from doing something;

an order invalidating, varying or requiring performance of a contract;

an order for a refund, compensation or damages; or

any order it considers fair, including varying or voiding a contract term to avoid injustice.

Decisions of VCAT are subject to appeal under the usual processes in Part 5 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).

More information on the dispute resolution process

Telephone the the Victorian Small Business Commissioner on 13 22 15 or toll free on 1800 136 034 or visit the website at www.sbc.vic.gov.au.

Contact your union or association.

PART 2 SMALL BUSINESS RESOURCES2.1 Using the Internet Get up to speed with new information technology



The Internet has very quickly become the main way that Governments and organisations publish and receive information. The Internet is easy to use once you learn the basics, and can make your life as an owner driver much easier by allowing you to:

calculate and lodge your BAS and tax statements on-line;

pay bills, check your bank accounts;

check road and traffic conditions;

compare fuel prices;

find out about regulations that apply to you; and

find helpful resources for small businesses.

A key feature of this information booklet is to direct you where to go on the Internet to find the help you need. You will see Internet addresses that start with “www” throughout this information booklet. The front page of this information booklet has a helpful short guide on how to look up a website. Short course are available through CAEs and TAFEs for beginners, and the kids can probably help too!

More information on the Internet and new communications technology

Attend an “Internet for beginners” course through the Centre for Adult Education (CAE) (telephone (03) 9652 0611) or contact your local council or the Victorian Business Line on 13 22 15 for information on courses in your area.

2.2 Accountants and Financial AdvisersAccountantsIt is important to have an independent view of your business situation. Securing the assistance of a qualified and reliable accountant or other financial adviser can be of great benefit to you and your business. Most accounting firms or small business advice firms provide services in:

all aspects of taxation (eg GST, BAS, PAYG, capital gains)

setting up a business

business planning and cost analysis

business structures and company formation

record systems, bookkeeping

estate planning

finance advice

planning for future expansion

problems with debtors and creditors

superannuation and investment services

How to choose an accountantIf you look under ‘A’ in any business directory you will find a very long list of accountants. However, anybody can call themselves an accountant, and there can be better ways to find contact details than taking pot-luck with a phone book!

Qualified accountants usually have the words ‘chartered’ or ‘certified’ attached to their title. They also usually belong to one of the professional associations for accountancy.

Many businesses find accountants through personal recommendation. However, what is right for one business is not necessarily right for yours. It can be helpful to ask your union or association, forestry contractor colleagues, friends and family if they can recommend a good accountant who understands small businesses in the transport industry. If you can, shop around, and meet with a number of firms. Find someone you feel comfortable with, and discuss your needs and the fees to be charged.

Appendix 3 sets out a list of important questions to ask when choosing an accountant and seeking advice


Take with you to the first interview:

a written list of the questions you want to ask – photocopy the checklist in Appendix 3, as this is a useful guide to the kinds of questions you might want to ask at the first meeting;

an overview of your business – if you have a business plan give the accountant a copy. If you don’t have a business plan, provide the accountant with a written summary of your plans.

Bear in mind it is not the best time to start looking for an accountant just before you need to use one, especially around tax time. You need to allow plenty of time for preparation of end of financial year accounts.

BookkeepersIf you want assistance with keeping your accounts and preparing your Business Activity Statements (BAS), you may wish to engage a bookkeeper rather than a qualified accountant.

A bookkeeper generally doesn’t provide strategic business advice, but will keep your financial and tax records in good order and is generally cheaper than a qualified accountant. Talk to your bookkeeper about how you should keep your records to make their job easier, especially if you are paying them an hourly rate! A local bookkeeper is a good idea as you will be visiting them frequently. Ask around or try the local newspaper or Yellow Pages.

More information on finding an accountant or bookkeeper

The following associations have websites that allow you to search for a qualified professional in your area:

Institute of Chartered Accountants in Australia (ICAA) website at www.icaa.org.au or telephone 1300 137 322.

Certified Practising Accountants (CPA) Australia website at www.cpaaustralia.com.au or telephone 1300 73 73 73.

National Institute of Accountants (NIA) website at www.nia.org.au or telephone 8665 3150.

The Institute of Certified Bookkeepers (ICB) website at www.icb.org.au or telephone 1300 85 61 81.

2.3 Business Advice ServicesThere is help available to assist you to plan your business and to turn things around if you get into trouble. Both government and non-government agencies conduct a range of business support and mentoring services.

Victorian Business LineThe Victorian Business Line is a “one-stop-shop” to access all government resources. A telephone hotline (13 22 15) and associated website can assist you to find information on:

buying, starting or selling a business

business development, training programs and support services

managing and improving your business

employing staff

tax matters

financial management

licences, regulations and taxation

More information on the Victorian Business Line

Telephone the Victorian Business Line on 13 22 15.

Go to the website at www.business.vic.gov.au .

Victorian Business CentresVictorian Business centres are conveniently located in Melbourne and regional locations and provide face-to-face services for small businesses, including:

how to find the business information you need


http://www.business.vic.gov.au/

http://www.icb.org.au/

http://www.nia.org.au/

http://www.cpaaustralia.com.au/

http://www.icaa.org.au/

information about small business training and support programs and resources

referrals to specialists

business related workshops and seminars

More information on Victorian Business Centres

Telephone the Victorian Business Line on 13 22 15 to find the details for your nearest Victorian Business Centre.

Small Business Counselling ServiceThe Small Business Counselling Service (SBCS) is an independent, not for profit organisation which provides counselling services to small businesses throughout Victoria. SBCS counsellors have significant practical business experience and can assist small businesses to grow and be successful.

The SBCS charges a small fee to cover administration costs and counsellors’ out of pocket expenses. Sessions run for one to two hours.

To find a counsellor, visit the SBCS website and submit a request on-line. You may wish to search for a counsellor with expertise in a particular area such as accounting, risk management, insurance or cash flow management.

More information on the Small Business Counselling Service

Telephone the Victorian Business Line on 13 22 15 or go to www.sbcs.org.au .

Business Enterprise CentresBusiness Enterprise Centres (BECs) provide advice to new and existing small businesses. BECs are located throughout metropolitan and regional Victoria. They are community based organisations and their services are free. BECs also offer a broad range of training programs through TAFE Institutes. BECs can assist small businesses with:

practical business assistance

referral to specialist advisers

obtaining an understanding of government departments and regulations

problem solving

preparing business plans

accessing business information

networking

More information on Business Enterprise Centres

Contact details for all metropolitan and regional BECs can be found on the Business Enterprise Centres website at www.becnvic.com .

You can also telephone the Victorian Business Line on 13 22 15.

2.4 Legal AdvisersFrom time to time, you may need the services of a lawyer, for example to advise and negotiate contracts or to act for you in a dispute.

Your union or association may be able to assist you with legal problems or refer you to a lawyer. The Law Institute of Victoria (LIV) is the professional organisation for lawyers in Victoria. Its website provides information on a broad range of legal issues. The Law Institute’s website provides guidance on choosing a lawyer and offers an on-line referral service, which enables anyone to be referred to a lawyer and receive a free 30 minute consultation.

More information on legal advice

Contact the Law Institute of Victoria at www.liv.asn.au or on 9607 9311.

Get a copy of the guide to legal issues for small business at http://sblegal.industry.gov.au .


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PART 3 REGULATIONS AND SAFETY

SECTION A – OVERVIEW3.1 Who’s Who in the Regulation of the Forestry IndustryThere are a number of organisations who play a role in the regulation of the forestry industry and who provide advice and assistance in relation to safety matters.

VicForestsVicForests is a government business enterprise responsible for the harvesting and sale of commercial timber resources in State forests in Eastern Victoria.

More information on VicForests

VicForests’ Melbourne office: 9608 5000 or check its website at www.vicforests.com.au .

Department of Sustainability and Environment (DSE)DSE is responsible for promoting and managing the sustainability of Victoria’s natural and built environment. DSE’s most significant responsibilities in relation to forestry contractors include issuing Timber Harvesting Operators Licences and directing VicForests’ staff and timber harvesters in relation to fire prevention and suppression.

More information on DSE

DSE’s customer service centre: 136 186 or check its website at www.dse.vic.gov.au

Department of Primary Industries (DPI)DPI is the government’s lead agency for the sustainable development of natural resource based industries. With respect to forests, DPI is responsible for commercial forestry policy across all land tenures.

On private land, DPI is responsible for the development and delivery of private forestry programs including:

the Plantation Incentives Strategy which aims to increase private investment in plantations on private land;

providing support to interested landowners investing in farm forestry for sawlogs, firewood and environmental services; and

jointly funding with the Commonwealth Government four Private Forestry Development Committees in Victoria.

More information on DPI

DPI’s customer service centre: 136 186 or check its website at Department of Primary Industries .

Victorian WorkCover AuthorityThe Victorian WorkCover Authority (WorkCover) manages occupational health and safety in Victorian workplaces. WorkSafe is the safety arm of WorkCover. WorkSafe aims to achieve reductions in workplace death, injury and disease.

More information on WorkCover

To report concerns about your workplace and for general enquiries about workplace safety, injury prevention and workplace health and safety, call WorkSafe Victoria Advisory Service, telephone: 1800 136 089 or check its website at www.workcover.vic.gov.au .

VicRoadsVicRoads manages the road system and is responsible for vehicle regulation, driver licensing and providing road user information. VicRoads also plays an important regulatory and education role in relation to heavy vehicle safety.

More information on VicRoads


http://www.workcover.vic.gov.au/

http://www.dpi.vic.gov.au/dpi/index.htm

http://www.dse.vic.gov.au/

http://www.vicforests.com.au/

VicRoads: 13 11 71 or (03) 9854 2666 or check its website at www.vicroads.vic.gov.au.

3.2 Laws and Regulations relevant to the Forestry IndustryAll those involved in the forestry industry need to be aware of and comply with relevant legislation including occupational health and safety requirements.

Forests Act 1958 (Vic)The Forests Act 1958 (Vic) gives the Secretary of DSE power to protect State forests. The Secretary has power to construct and maintain roads for the transportation of timber resources and can enter into agreements with others to prevent and suppress fires. The Secretary can also develop and implement plans to protect forests from fire or other damage.

Sustainable Forests (Timber) Act 2004 (Vic)The Sustainable Forests (Timber) Act 2004 (Vic) provides the framework for the management of sustainable timber harvesting in Victorian State forests. It provided for the creation of VicForests and established the Timber Release Plan which is the mechanism for vesting timber resources in VicForests, which it can then harvest and sell.

It requires VicForests to comply with the Code of Forest Practices for Timber Production and gives the Minister for Environment the authority to conduct audits of VicForests to ensure it is complying with the Code. Policies have been developed by the government and VicForests to ensure that forestry industry activities do not have a detrimental impact on the environment. VicForests’s policy, Sustainable Forest Management, includes the development of a Sustainable Forest Management System and the promotion of high standards of forestry management.

The Sustainable Forests (Timber) Act 2004 (Vic) also regulates the environmental aspects of timber harvesting and provides for all timber harvesting operators to be licensed. Forestry contractors must ensure that any employees they engage perform the work and operate equipment in accordance with legal requirements including any:

certificate of competency or accreditation for the particular task or machine type; and

timber harvesting operators licence.

The Sustainable Forests (Timber Harvesting) Regulations 2006 prescribe the different classes of timber harvesting licences and fees for those licences (including renewal). Under the Sustainable Forests (Timber) Act 2004 (Vic) a timber harvesting operator’s licence may be suspended if the holder incurs a certain number of demerit points. The Regulations set out the circumstances in which demerit points are incurred, the number required for suspension and the period of suspension.

Code of Forest Practices for Timber ProductionThe Code sets out environmental goals for all commercial timber production activities in State forests and provides guidelines for the achievement of these goals. The Code is currently under review.

Occupational Health and Safety Act 2004 (Vic)This is the most significant occupational health and safety legislation in Victoria. The Act requires health and safety risks to be reduced as far as practicable. Key principles which should be applied include:

all people should be protected as far as practicable against risks to their health and safety;

any person who manages, owns or controls the workplace is responsible for eliminating or reducing risks as far as practicable;

employers and self employed persons are required to implement measures which promote health and safety;

employers and employees should exchange information and ideas about risks to health and safety and the measures that can be taken to eliminate or reduce those risks; and

workers (including contractors) are entitled and should be encouraged to be represented on health and safety issues.


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3.3 Emergency Procedures, Fire and Protest ManagementEmergency procedures Forestry contractors must have a health and safety plan with documented emergency procedures to cover serious

injury to personnel working in remote areas, vehicle accidents in remote areas, fire, protestors and environmental emergencies such as fuel spills.

Visitors to a coupe need to be advised of the emergency procedures which apply to that coupe.

Fire managementFire is a serious risk to forestry contractors. Risk factors such as temperature, wind, and the number of days since it last rained should be regularly assessed. Work should be conducted in a way which minimises the chance of a fire being started from ignition sources. Forestry contractors should be trained in what to do if a fire breaks out and on emergency and evacuation procedures. All trucks and mobile plant should be fitted with basic fire fighting tools such as fire extinguishers.

More information on emergency procedures and fire management

WorkSafe Victoria Advisory Service, telephone: 1800 136 089 or check its website at www.workcover.vic.gov.au .

Protest managementForestry contractors may be confronted by protesters protesting against logging operations and trying to prevent them from occurring.

Forestry contractors should be aware of any procedures that the land owner (or manager) has established in consultation with industry. This may include additional coupe marking measures, increased warning signage, closure of access roads and appropriate non-violent responses to situations which may arise.

All visitors to a logging coupe need to be inducted into the site by the logging team leader. Visitors and unauthorised personnel are often unaware of the hazards associated with forest operations.

All forestry contractors have a duty to regularly check to see if there are any unauthorised people in their working areas. If there are unauthorised personnel in their working areas, all activities must stop and the circumstances must be reported immediately. Forestry contractors are under a duty not to place any person in their work area at risk – this includes protesters.

Landowners (or managers), principal contractors and subcontractors are all responsible for ensuring the safety of forestry contractors when protest activity occurs. The police may need to be contacted if the protesters pose a threat to occupational health and safety and the matter cannot be resolved.

Details of any incidents involving protesters which pose risks to health and safety should be recorded. These incident reports may include photographic records.

More information on protest management

VicForests’ Melbourne office on 9608 5000 or check its website www.vicforests.com.au .

SECTION B – HEALTH AND SAFETY: FORESTRY CONTRACTORS3.4 How to Deal with Safety ProblemsIf you become aware of a workplace safety problem, then:

discuss the matter with your hirer and see if the matter can be resolved;

if your hirer is unwilling to fix the problem, raise the matter with your workplace health and safety representative;

if the matter remains unresolved, seek advice from your union or association, WorkSafe or VicRoads; and


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if you witness a serious workplace incident or a “near miss”, report the matter to WorkSafe by telephoning 13 23 60.

If your hirer threatens you with termination of your contract or with any other detriment because you have drawn attention to a safety problem or you have reported an incident, your hirer will be in breach of section 61 of the Owner Drivers and Forestry Contractors Act 2005 (Vic). You should seek advice from your union or association, a lawyer or the Victorian Small Business Commissioner in these circumstances (see section 1.10 of this information booklet for information about the dispute resolution process).

More information on how to deal with safety problems

VicRoads: telephone 13 1174 or check its website at www.vicroads.vic.gov.au .

WorkSafe Victoria Advisory Service: telephone 1800 136 089 or check its website at www.workcover.vic.gov.au . To report a safety incident telephone WorkSafe on 13 23 60.

3.5 General PrinciplesAll participants in the forestry industry (landowners/land managers, principal contractors, subcontractors and employees) are responsible for contributing to the safe operation of the industry, and complying with state and federal laws. Forestry operations are hazardous and it is essential for all participants to understand their health and safety responsibilities.

Landowners/land managers are responsible for:

managing access and egress to the workplace;

providing information to principal contractors to ensure safety issues are dealt with in the coupe plan;

scheduling harvesting; and

incident management.

Principal contractors are responsible for:

engaging subcontractors who are capable of doing work safely and having a verifiable safety management system;

ensuring the scope of work can be undertaken safely; and

setting up consultation arrangements with health and safety representatives and ensuring information about site hazards is passed on to subcontractors, health and safety representatives and employees.

Subcontractors are responsible for:

taking control of specific work activities;

ensuring activities do not place anyone at risk.

Employees are responsible for:

following safe work procedures;

ensuring co-workers are not wilfully placed at risk;

if they are a health and safety representative, advising hirers of any issues.

3.6 WorkCover Safety PublicationsThe Victorian WorkCover Authority publishes a number of helpful guides dealing with safety issues that arise in the forestry industry, including:

Code of Practice – Safety in Forest Operations (No. 12), March 1990. The Code provides guidance on practical measures which can be implemented to reduce injuries while working in forests.

Health and Safety in Forest Operations – Recommended Practices, 2001. This guide aims to improve the knowledge of forestry contractors about hazards, risks and safety requirements while working in forests.

Basic Steps to Preventing Falls from Heights, June 2005. This guide provides general advice about how to reduce the risk of falls from heights.

Code of Practice – Noise, 1992. While this Code was revoked in 2004 it contains guidance on matters no longer dealt with by the 2004 Noise Regulations. It should not be used without reference to the new regulatory requirements.




Guide for Assessing and Fixing Noise Problems at Work, 2005. This guide provides information on how noise affects hearing, how to assess exposure to noise and how to fix noise problems in the workplace.

Manual Handling (Code of Practice No 25), 2000. The Code provides practical guidance on how to reduce musculoskeletal disorders caused by manual handling.

Fatigue Management Guidelines for the Forestry Industry, March 2004. This guide provides practical advice on how to reduce fatigue experienced by forestry workers.

Prevention of Falls – Trucks, 2005. This guide provides practical advice on how to reduce the likelihood of injuries from falls above and below 2 metres.

Summary of the Occupational Health and Safety Act 2004. This guide provides information on health and safety responsibilities in the workplace.

Working in Heat, February 1999. This guide provides advice on how to identify heat illness hazards and how to reduce the risk of heat illness occurring.

More information on WorkCover publications

You can download the publications from www.workcover.vic.gov.au or email your request to [email protected]. Contact WorkCover publications on (03) 9641 1444.

3.7 Documenting Health and Safety SystemsIt is only necessary to document what is really necessary to maintain a safe workplace. The key focus for all forestry contractors should be on performing the job safely.

Paperwork that must be kept includes:

notification to WorkSafe of any death, injury, illness or serious incident;

register of injury or illness (containing a record of any workplace illness or injury);

material safety data sheets, containing safety information on working with chemicals – these data sheets should be current and easily accessed by all those involved in their use;

records of hearing tests; and

records of occupational health and safety risk assessments.

Procedures that should be documented include:

risk assessments;

training;

personal protective clothing issued and replaced;

equipment maintenance; and

tree falling procedures and safety and exclusion zones.

More information on documenting health and safety systems

Worksafe Victoria Advisory Service on telephone: 1800 136 089

VWA, Health and Safety in Forest Operations – recommended practices, 2001

3.8 Working in the Forest – Health and Safety TopicsFirst aid facilitiesEven though safety measures are implemented, forestry contractors may still be injured. Appropriate first aid can reduce the severity of an injury or illness and it can mean the difference between life and death. All forestry contractors need to have access to adequate first aid facilities and kits and should be briefed about first aid procedures and emergency communication plans.


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The type of kits provided by hirers will depend on the number of workers at the site and the location and type of work being undertaken. All forestry contractors should receive basic first aid training covering issues such as resuscitation, bleeding control, shock, burns, bites and stings and fractures. First aid refresher training should be offered at regular intervals so that skills are not forgotten.

Wherever work is being conducted (eg tree felling, skidder operation, loading and unloading, trimming, road and bridge construction), trained first aiders should be available at all times. First aid kits should be stocked with supplies that are appropriate for the type of injuries that are likely to occur at the particular site. Forestry contractors who are working in isolated locations should carry a first aid kit with them and have emergency contact numbers.

Handover and stocktakeOnce harvesting has been completed, all forestry contractors need to clean up the work area in accordance with health and safety procedures and any requirements of the landowner. Forestry contractors should review procedures and any incidents which have occurred and take action to prevent any similar incidents occurring in the future. Equipment should be maintained and any refreshment training should be undertaken.

Fatigue managementFatigue (physical or mental) is a major factor in serious injuries and fatalities in the forestry industry in both harvesting and haulage operations. Muscle fatigue, for example, makes it more difficult to perform many forestry tasks such as operating chainsaws. Mental fatigue makes it difficult for workers to concentrate and they may, for example, be less likely to identify hazards.

Some of the signs of fatigue include:

blurred vision;

constant yawning;

slow reactions;

poor concentration;

sore eyes; and

impatience.

Fatigue in the forestry industry may result from:

having less than 10 hours between shifts week after week;

lack of information about physical hazards such as mine shafts and steep slopes where mental demands are increased;

unrealistic production requirements;

sustained whole body vibration increasing the physical demands of the task;

drivers needing to push driving hours to the limit to catch up because of unexpected delays;

poor coupe ‘road’ conditions increasing mental and physical demands;

drivers only taking short breaks at the end of long continuous driving sessions; and

less than seven to eight hours sleep before working long shifts that extend into the midnight to 6.00 am period.

All those involved in the forestry industry need to take responsibility for managing fatigue.

Fatigue can be managed by implementing measures that minimise fatigue such as:

taking sufficient breaks to avoid build up of fatigue;

replacing fluids;

eating nutritious food;

using equipment that is designed to reduce fatigue;

assessing the fatigue rests associated with forestry work;

ensuring everyone is trained and informed about fatigue; and


implementing procedures to minimise fatigue.

Preventing fallsFalls from mobile equipment often result in injury in the forestry industry particularly when surfaces become slippery because of water or hydraulic oil. This risk can be reduced by ensuring safe access to and from mobile equipment and maintaining that equipment in good condition. Wearing non-slip footwear is also helpful.

Haulage contractors can suffer serious injury while loading or unloading trucks. It is important for vehicles to have safe access and loading systems and for drivers to know and practice safe systems of work.

Manual handlingManual handling includes lifting, pushing, grabbing, holding, reaching or carrying objects. Manual handling can result in major injuries such as chronic pain, soft tissue damage, sprains, injuries to your back and muscles. Risks associated with manual handling can be reduced in various ways such as making sure equipment and vehicles are ergonomically designed and that contractors plan for regular breaks and rest periods. Contractors using tools or machinery that vibrate excessively should reduce vibration by adjusting vibration dampening mechanisms and regularly servicing equipment.

TemperaturesThe risks associated with exposure to extreme heat and cold can be fatal. Extreme heat increases fatigue and can result in heat exhaustion or heat stroke. Wet conditions make it slippery for the mechanical handling of logs and for workers on foot. Cold conditions affect the use of chainsaws and other vibrating plant.

Signs of heat exhaustion and heat fatigue include heat cramps, blurred vision, slurred speech, vomiting and dehydration. The risks associated with working in the heat can be reduced by drinking plenty of fluids, taking frequent rest breaks, resting in shaded areas and performing heavy tasks in the cooler times of the day.

Signs of physical deterioration resulting from extreme cold include shivering, numbness and loss of fine motor control. The risks associated with cold weather can be reduced by wearing warm, layered clothing and ceasing work when conditions become too cold.

NoiseNoise levels are a major hazard in the forestry industry and can increase the risk of not hearing overhead falling objects, increase fatigue and make communication with other workers difficult. Noise levels can be reduced by regularly maintaining equipment, sound proofing cabins and wearing appropriate hearing protection.

Falling objectsForestry contractors should always check for overhead hazards – branches can easily be dislodged, causing injury or death.

Stings and bitesForestry contractors can be affected by spider and snake bites. To reduce the risk of serious injury or death, contractors should have a first aid kit and emergency communication procedures should be in place.

UV radiationForestry contractors should protect themselves from UV radiation by wearing protective clothing, sunscreen and sunglasses particularly when doing manual felling and exposed to the sun for long periods of time. Exposure can be further reduced by working in the early morning or late afternoon where possible or working in the shade.

Dust and airborne particlesForestry contractors should wear masks and eye protection and ensure cabins are sealed to protect against exposure to dust and particles from logs being prepared for landing or trees which are being felled.


Working at nightOne of the big dangers at night is being injured because of logs rolling off a truck while being loaded. This risk can be reduced by lighting up the work area and by contractors wearing bright, illuminated clothing.

Slips and tripsTripping on undergrowth is a potential hazard faced by those involved in manual falling. This risk can be reduced by ensuring the area around the tree and the escape route is clear prior to felling.

Hazardous substancesForestry contractors may be exposed to or use chemicals or other hazardous substances. Forestry contractors should be appropriately trained and informed of the risks associated with the use of chemicals. Where chemicals are being used workers should wear appropriate personal protective clothing and follow appropriate first aid advice if suffering any ill effects.

AmenitiesThe amenities available will vary with the location of the work site and the nature of the work being performed. Forestry contractors need access to clean drinking water, washing facilities which enable maintenance of basic hygiene standards and toilet facilities including portable facilities. As forestry contractors are exposed to extreme weather conditions such as lightning, high winds, rain or very hot weather, access to appropriate shelter should be provided. Any shelter should be located away from work processes and hazardous trees and should provide seating and protection from the elements.

Working aloneWorking alone increases the risk of injury or death and it is not a recommended practice. However, sometimes forestry contractors need to work alone and in those circumstances they should have access to appropriate first aid equipment, emergency contact numbers, regular contact with other forestry contractors at least every two hours and some sort of device that raises an alarm if there is an emergency.

Tree fellingManual and mechanical methods of tree felling involve various risks. Both methods are affected by weather and wind conditions, noise levels, terrain, the skill and experience of harvesting operators, the condition and capacity of equipment and the nature of the trees. The dangers associated with tree falling increase if extracting and loading activities are occurring nearby.

Manual tree fellingDangerous trees

Nature of Risk How to Reduce the Risk

Trees with excessive rot content, burnt out sections, storm damage, excessive lean, hung up branches, dead trees

Identify dangerous trees prior to commencing work.

Assess whether tree can be safely felled manually.

Use an appropriate felling method for the dangerous tree.

Immediately remove hung up trees.

Wind speed and direction


Wind speed and direction may change. Check whether it is safe to fell the tree.

Adopt appropriate safe work procedures for


the wind conditions.

Other contractors


Multiple contractors working in an area Establish exclusion zones which keep work areas separate.

Clothing should be highly visible.

Felling methods


Felling methods need to take account of such matters as terrain, nature and type of trees, surrounding area and direction of fall.

Appropriate and adequate training

Sufficient supervision and consultation

Adopting cutting methods that suit the conditions

Hazardous substances


Exposure to chemicals and other hazardous substances, for example unleaded petrol

Procedures in Material Safety Data Sheets should be followed.

Containers should be labelled and suitable.

Communication issues


Noise making communication difficult

Working in isolated areas

Interference with communication equipment

Lack of coordination between machine operators and ground workers

Use various communication methods including visual, radio and oral.

Use agreed alternative methods of communication.

Mechanical tree fellingWhile many of the risks and control measures are the same for mechanical and manual tree falling, there are some additional problems which mechanical tree fellers must consider.

Terrain


Ability to operate safely on the terrain

Ability to safely enter and exit cabins

Suitability and capacity of equipment for the terrain

Noise making communication difficult

Mechanical harvesting equipment must be operated according to manufacturer’s instructions

Operators should visually check the ground before exiting the cabin

Operators should use handrails and hand holds

Use agreed alternative methods of communication

Equipment


not maintaining equipment in good condition

using equipment beyond its capability

Regular maintenance and inspection of equipment

Equipment should be fitted with protective guards and seat restraints


failure to use safety devices

static electricity discharge during fuelling

Operators should be properly trained

Operators should follow manufacturer’s instructions

Other hazards


Slips, trips and falls

Poor visibility and noise

Unrestrained objects in cabin

Operator fitness and fatigue

Wear suitable footwear

Wear hearing protection and highly visible clothing

Ensure all objects in the cabin are securely stored and fastened

Rotate tasks

Have rest breaks

Do physical exercise (eg stretching and warm ups)

ExtractionExtraction includes forwarding, snigging, shovel logging, cable logging and skidding. Common risks involved in these activities include:

instability and risk of roll-over;

rolling logs after dropping at landing;

instability of machines when loading; and

contact with other machinery

Forwarding and sniggingAfter trees are felled two main ways of moving logs is through forwarding and snigging. Forwarding involves a vehicle carrying the logs completely off the ground. Snigging refers to pulling the logs either partially or completely on the ground. Both methods of moving logs require the use of heavy vehicles.


Condition of the snigging track, looking out for debris, deep ruts, excessive ground moisture and rocks

Dangerous trees

Falling objects from overhead tree canopies

Visibility of tree fellers

Risk of injuring during hooking and unhooking

Speed and stability of plant

Condition of tyres

Condition and capacity of equipment

Potential for injury from roll-over

Slips trips and falls

Clear and maintain snigging track.

Equipment should be suitable for track conditions.

Remove dangerous trees.

Avoid positioning equipment underneath overhead hazards.

Sight tree fallers before moving in.

Wear highly visible clothing.

Ensure skidder is stable before dismounting.

Drive safely and at speed suitable for terrain.

Use a crawler tractor on steep grades.

Avoid steep slopes.

Keep blades low.

Cable loggingCable logging poses safety risks because of the physical size and layout of the operation and the type of equipment used.



Slopes and grades of terrain

Condition of the work environment including ground foundation

Presence of other persons

Set up of plant and equipment

Condition and capacity of equipment, eg winches, guylines

Condition of safety devices

Environmental and weather conditions

Work design and layout must suit the slope, terrain and weather conditions.

Prior to setting up, stability, size and evenness of site need to be considered.

Remove unsafe trees or stumps.

Adopt safe work procedures such as anchor points, clearance distances, signalling systems, dealing with unforseen circumstances.

Plant and equipment should be regularly inspected and maintained.

Plant and equipment must conform with relevant Australian standards.

Log landings and log dumpsThese procedures bring ground workers and those operating machines together creating many risks.


Kickback from chainsaws

Risk of trees rolling, dropping or swinging when cut

The nature of the terrain

Dangers of working above or below other operators or workers

Environmental hazards such as poor visibility and noise

Security of logs in mechanical handling equipment

Equipment needs to be regularly inspected and maintained.

Suitable footwear should be worn to prevent slips and falls.

Clothing should be highly visible and hearing protection should be worn.

Objects in the cabin should be securely stored and fastened.

More information on working in the forest – health and safety topics

You can download various publications from www.workcover.vic.gov.au or email your request to [email protected] . Contact WorkCover publications on (03) 9641 1444.

SECTION C – HAULAGE CONTRACTORS3.9 Important Safety InformationTransport Industry Safety Group: Occupational Health and Safety GuideOne of the most important and comprehensive publications on health and safety issues for the transport (haulage) industry is a publication developed by the Transport Industry Safety Group (TISG), A Guide to Occupational Health and Safety, Transport Industry.

The Guide provides information on risk management, incident reporting and investigation, fatigue management, health and safety priorities and where to go for training.

More information on the Guide to Occupational Health and Safety, Transport Industry

Copies can be obtained from the Transport Workers Union, telephone: 1300 727 614 or go to www.twu.asn.au, the Victorian Transport Association on telephone: (03) 9646 8590 or go to www.vta.com.au or to www.vicroads.vic.gov.au and follow the link to Heavy Vehicles – Information Bulletins.



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Transport Safety PackWorkplace accidents have a devastating impact on staff morale, families and productivity.

The Transport Industry Safety Group has recently produced a safety pack DVD with the aim of improving safety in the transport industry. The DVD contains fact sheets, video clips and other materials to assist in training sessions.

More information on the Transport Safety Pack

The Safety Pack can be obtained from the Victorian Transport Association on telephone: (03) 9646 8590.

Chain of responsibility principleAn important development is the chain of responsibility road safety legislation. The “chain of responsibility” principle means that all participants in the haulage industry are responsible for contributing to the safe operation of the industry, and for complying with state and federal laws. The chain of responsibility applies to all haulage activities.

The “chain of responsibility” laws cover:

driving hours;

speeding and dangerous goods regulations;

mass and dimension limits; and

load restraint requirements.

What does the chain of responsibility mean for you as a driver?

It means that you must make sure that you do not compromise road safety or break the law. Your responsibilities include:

to comply with driving hours regulations – do not exceed the regulated hours for driving and working;

to take the required rest breaks – you should rest when you are tired and make sure you get adequate sleep;

to record your driving hours as required;

to make sure your vehicle does not exceed mass limits;

to make sure your vehicle and load do not exceed dimension limits;

to make sure your load is appropriately restrained;

not exceeding the speed limit; and

not tampering with any equipment required to be fitted to your vehicle.

Information on the chain of responsibility

The Transport Industry Safety Group publication, A Guide to Occupational Health and Safety, Transport Industry explains the chain of responsibility principle and how to comply.

The Victorian Transport Association (VTA) has produced four colour checklists on the chain of responsibility. These checklists concern mass, dimension and load restraint and are designed to help the freight and logistics industry ensure they meet their responsibilities. Copies of these checklists may be obtained by contacting the VTA.

Information on VicRoads’ website provides guidance on the responsibilities of each link in the transport chain and includes helpful Chain of Responsibility fact sheets:

Chain of Responsibility New Road Transport Laws, July 2003, provides advice on search powers under the chain of responsibility.

Chain of Responsibility Fact Sheet 1 Overview, June 2005

Chain of Responsibility Fact Sheet 2 Consignor/Receiver, June 2005

Chain of Responsibility Fact Sheet 3 Loader/Packer, June 2005

Chain of Responsibility Fact Sheet 4 Driver, June 2005

Chain of Responsibility Fact Sheet 5 Operator/Manager/Scheduler, June 2005


New Road Transport Laws provides an explanation of search and inspection powers that came into effect on 1 July 2003. They enable enforcement officers to inspect and search heavy vehicles in order to detect road transport breaches.

The fact sheets on “chain of responsibility” can be used by you to highlight to your hirer or customers their responsibilities under the “chain of responsibility”.

WorkSafe also publishes information on the chain of responsibility principle. The guide called Transport & Storage Industry – Who is the weakest link...? details the major hazards that cause death and injury in the transport industry and provides advice on the responsibilities of those involved in the industry.

The Transport Industry Safety Group important publication A Guide to Occupational Health and Safety, Transport Industry is a useful resource for haulage contractors the forestry industry. The Guide provides information on risk management, incident reporting and investigation, fatigue management, health and safety priorities and where to go for training.

More information on the chain of responsibility

VicRoads: go to www.vicroads.vic.gov.au and follow the link to “heavy vehicles”, or telephone 13 11 71.

Go to www.workcover.vic.gov.au or telephone the WorkSafe Victoria Advisory Service on 1800 136 089.

Victorian Transport Association: telephone (03) 9646 8590 or go to www.vta.com.au .

3.10 Daily Vehicle InspectionsIt is essential for you to inspect your truck daily to make sure that it is roadworthy. Failure to check your truck endangers the lives of other road users as well as yourself. You may also be subject to penalties for failing to keep your vehicle in a roadworthy condition.

More information on daily inspections

Commercial vehicle checklists are included in Victorian Bus and Truck Drivers Handbook, available from VicRoads.

The Victorian Transport Association publication A Daily Commercial Vehicle Inspection Checklist is also a useful guide. Ask your hirer or go to www.vta.com.au or phone the VTA on (03) 9646 8590.

3.11 Speeding and Road Rules Your licence is your ticket to work – if you lose your licence, you will lose your business

As a road user it is your responsibility to have a good working knowledge of the road rules. VicRoads has some very useful information on its website and you can also download a copy of Victoria’s Road Rules.

If you speed you will receive a fine and licence demerit points. Once you accumulate 12 or more demerit points in any three year period you are at serious risk of having your licence suspended. There is a right of appeal to VicRoads for a review of any penalty and to the Magistrates’ Court against any suspension.

Heavy vehicle speeding – three strikes and you’re outIt is an offence for any heavy vehicle over 12 tonnes GVM to travel faster than 100 km/h anywhere in Victoria. Truck drivers who persistently speed and jeopardise road safety will be treated as committing vehicle and driver offences. This means that penalties may be imposed that relate specifically to your truck and in addition you will be liable for personal penalties for speeding.

Vehicle penalties apply in addition to ordinary speeding penalties if a vehicle above 12 tonnes GVM is detected at a speed of more than 115 km/h. There is a rising scale of vehicle penalties, culminating in suspension of the vehicle’s registration for up to three months. During the suspension period, the operator will not be allowed to transfer the registration, nor re-register the vehicle in the name of the same owner or that of a new owner.

What do I do if I get a fine?You need to look at the back of the infringement notice as this will explain your various options. You can either pay the fine or elect to have the matter heard in court by completing the notice of objection on the back of the infringement notice.

More information on speeding and road rules






A list of Transport Safety Services offices and their contact numbers can be found at www.vicroads.vic.gov.au . Follow the links to Heavy Vehicles – Compliance and Accreditation – Transport Safety Services.

Information about demerit points is available on VicRoads website at www.vicroads.vic.gov.au . Follow the links to licensing – licence penalties – demerit points.

You can get a copy of the Victorian Road Rules by going to the VicRoads website at www.vicroads.vic.gov.au and follow the links to road rules and regulations – questions about road rules – Victoria’s road rules.

Information about vehicle penalties is available from VicRoads’ website at www.vicroads.vic.gov.au . Follow the links to heavy vehicles – information bulletins – speeding trucks.

3.12 Loading, Unloading and Restraining LogsHaulage contractors have general obligations under the Road Safety Act 1986 (Vic) and a general duty of care to ensure that when they are unloading their vehicle they do not expose other road users to death or injury.

Heavy mobile plant, machines and people are involved in the processes of loading, restraining and unloading. The way in which the logs are loaded and restrained has a big impact on safety during transportation as well as unloading.

When loading, logs should be adequately restrained by stanchions. One problem with mixed loads (short and long logs) is the possibility that they could become loose and fall on someone. Extra care should be taken, with longer logs placed to the outside against the stanchions. Operators of plant and haulage vehicles should ensure that the ground is firm and level so that loading machinery and haulage vehicles remain stable during loading. Plant and equipments needs to be regularly inspected and maintained.

Restraints should be appropriate for the type and species of logs and should be used in sufficient number to adequately secure the load. Binders and lashings should be inspected regularly to see that they are in good condition. Binders should be secured so as to prevent the load from shifting during transport. When leaving the forest and before entering public roads, loads should be inspected and restraints adjusted to ensure the logs have not shifted and will not pose a threat to persons or other vehicles.

One of the big risks when unloading logs is that the load may shift or move. Prior to unloading the load should be assessed and it should be restrained and secured to prevent log movement when the restraints are released. Unloading machines should only be used by skilled operators who have had appropriate training and who are following mill procedures. Contractors not involved in unloading, should remain in full view of the unloader operator – the best position is the front of the truck.

You should be aware of VicRoads’ publication, A Guide to Restraining Logs and Timber, November 2003 and the national Load Restraint Guide, 2nd edition 2004, which is available for purchase from the VicRoads’ Bookshop.

More information on loading, unloading and restraining logs

You can download a copy of A Guide to Restraining Logs and Timber, November 2003 from the VicRoads website at www.vicroads.vic.gov.au . Follow the links to Heavy Vehicles – Load Restraint. You can contact VicRoads on 13 11 74.

You can download a copy of the Central Gippsland Harvesting and Haulage OHS Committee Best Practice Guide for the Haulage of Timber in Log Form, version 003, May 2006 from www.vicforests.com.au/documents/d_Forest%20Industry%20OHS%20Standard%20-%20Consultation%20Draft.pdf.

You can purchase the Load Restraint Guide, 2nd edition 2004 from the VicRoads Bookshop (telephone 9854 2782).

3.13 Licence RequirementsDrivers who wish to drive a vehicle greater than 4.5 tonnes GVM must have a heavy vehicle endorsement on their licence. There are currently five categories of heavy vehicle licences and these are as follows:

Licence Categories

Description and Eligibility

Light Rigid (LR) You may drive any rigid vehicle, including bus and truck, greater than 4.5 tonnes GVM but equal to or less than 8 tonnes GVM or a vehicle that seats more than 12 adults including the driver that has a GVM not greater than 8 tonnes GVM.To apply for this category you must have held a car driver licence for at least







12 months.

Medium Rigid (MR)

You may drive any 2 axle rigid vehicle, including bus and truck, greater than 8 tonnes GVM.

To apply for this category you must have held a car driver licence for at least 12 months.

Heavy Rigid (HR) You may drive any rigid vehicle with three or more axles, including bus or truck, greater than 8 tonnes GVM.

To apply for this category you must have held a car driver licence for at least 24 months.

Heavy Combination (HC)

You may drive a prime mover or single semi trailer exceeding 9 tonnes, or rigid vehicle plus trailer greater than 9 tonnes GVM.

To apply for this category you must have held a car driver licence for at least 24 months, including Medium Rigid or Heavy Rigid licence for at least 12 months.

Multi Combination (MC)

You may drive a heavy combination vehicle with one or more additional trailers.To apply for this category you must have held a Heavy Combination, Heavy Rigid or a combination of Heavy Rigid and a Heavy Combination vehicle licence for at least 12 months, plus the completion of an approved course.

You can drive any class of vehicle listed above your licence category in the above table.

More information on heavy vehicle licences

Check VicRoads website at www.vicroads.vic.gov.au by following the links to Heavy Vehicles – Registration and Licensing – Heavy Vehicle Licences.

See also the Victorian Bus and Truck Drivers Handbook. You can purchase the Victorian Bus and Truck Drivers Handbook from the VicRoads Bookshop (phone 9854 2782) or download it at www.vicroads.vic.gov.au (follow the links to: Heavy Vehicles – Registration and Licensing – Victorian Bus and Truck Drivers Handbook).

Heavy vehicle driving testsTo prepare for heavy vehicle driving and knowledge tests, drivers should refer to the Victorian Bus and Truck Drivers Handbook. This contains the legal and road safety requirements that must be followed by bus and truck drivers. For example, it provides information on:

what is required by industry to operate trucks;

the laws that apply to heavy vehicles; and

the requirements necessary to gain a truck licence.

Applicants for a heavy vehicle driving licence must be familiar with the information contained in the Handbook. Driving tests are designed to test low speed manoeuvring, control of the vehicle, loading, trailer use and driving on the road. Heavy vehicle driver training and tests are provided by VicRoads’ accredited heavy vehicle training and test providers. A list of these accredited organisations can be found on VicRoads’ website.

More information on heavy vehicle driving tests

See Victorian Bus and Truck Drivers Handbook (see above).

A list of heavy vehicle accredited test and training providers can be found on VicRoads website at www.vicroads.vic.gov.au and follow the links to Heavy Vehicles – Registration and Licensing – Heavy Vehicle Driving Test. A sample test is also available from this website.

Heavy vehicle driving restrictionsDrivers of heavy vehicles must comply with the following conditions:





If tested in a vehicle fitted with synchromesh transmission, drivers may only drive a vehicle fitted with synchromesh transmission (B restriction).

If tested in a vehicle fitted with non-synchromesh transmission, drivers may drive a vehicle fitted with any type of transmission.

Drivers must have a zero blood alcohol limit when driving any bus or any truck that exceeds 15 tonnes gross vehicle mass.

Drivers must carry a licence at all times while driving if the truck is greater than 15 tonnes gross vehicle mass. This does not apply if the truck is being used within 80 kilometre radius from the place of business or wherever the vehicle normally operates.

More information on heavy vehicle driving restrictions

VicRoads website at www.vicroads.vic.gov.au and follow the links to Heavy Vehicles – Registration and Licensing – Heavy Vehicle Restrictions.

See also the Victorian Bus and Truck Drivers Handbook (see above).

3.14 AccreditationAccreditation is a certification process which allows a transport operator to show that they have safe and responsible work practices, well maintained vehicles, healthy and trained drivers and good management systems. The two main accreditation schemes are the National Heavy Vehicle Accreditation Scheme and TruckSafe.

National Heavy Vehicle Accreditation SchemeThe National Heavy Vehicle Accreditation Scheme (NHVAS) allows for operators of heavy vehicles to demonstrate that they comply with mass and/or maintenance requirements. The scheme ensures safe and correct loading practices and increased life of vehicle and lower maintenance costs. Accredited operators gain exemption from time-consuming annual vehicle inspections and can carry heavier loads on approved roads, as properly maintained suspensions cause less road damage. Another advantage in the future will be that accredited operators will get a greater say in when drivers can drive and rest under proposed fatigue management laws. To become accredited operators need to:

develop an in-house Quality Assurance System;

document the procedures that staff must follow to achieve compliance;

produce sets of documents that prove compliance; and

undergo internal and independent external audits from time to time.

TruckSafeTruckSafe Pty Ltd is a subsidiary company of the Australian Trucking Association. It is a business and risk management system that aims to improve the safety and professionalism of transport companies and truck drivers. TruckSafe focuses on four standards:

Management ensures that a truck operator has a documented business system.

Maintenance ensures vehicles and trailers are in a safe and roadworthy condition.

Workplace and driver health ensures drivers are fit and healthy and that OHS requirements are met.

Training ensures drivers are licensed, authorised and trained for tasks that they are undertaking.

Concessional Mass Limits ProgramTransport operators in Victoria, New South Wales, Queensland and South Australia are able to access Concessional Mass Limits (CML) subject to certain conditions. CML provides additional mass benefits for the operation of some general access vehicles accredited under the NHVAS, Mass Management module. CML provides an incentive for accreditation by effectively retaining the former National Association of Australian State Road Authorities tolerance levels for general access vehicles.


Another ongoing New South Wales development is “Intelligent Access Programs”. When implemented, a transport operator will be able negotiate a higher mass limit for certain roads within New South Wales subject to certain conditions, such as installing GPS tracking devices and agreeing to independent monitoring to ensure the truck has not travelled off the agreed routes.

For owner drivers who are paid by the tonne, these developments are significant. Being able to carry a greater mass may increase your profitability. It could be well worth your while talking to your hirer about participating in these schemes.

More information on heavy vehicle accreditation schemes

VicRoads website at www.vicroads.vic.gov.au and look for the information bulletin, National Heavy Vehicle Accreditation Scheme (April 2000).

Australian Trucking Association: telephone (02) 6253 6900 or go to www.atatruck.net.au .

For information on intelligent access programs, see Transport Certification Australia’s website at www.tca.gov.au or telephone (03) 8601 4600.

3.15 Rigid trucks and trailersCombination truck and dog trailers must meet certain requirements. These requirements are detailed in VicRoads’ information booklets:

3 Axle Truck & 4 Axle Dog Trailer (these vehicles may have a length of up to 22m when laden with logs)

45 Tonne Truck & 3 Axle Dog Trailer

22 Metre Long Quad Dog for Logs

Three axle and four axle dog trailer combinations operating above 42.5 tonnes must also have approved air suspension on all axles except the truck steer axle. The following mechanical suspensions may be used on the tandem drive group as an alternative to air suspension:

Mercedes-Benz 6 rod – certificate no. RF 2017;

Volvo 6 rod RADD-BR – certificate no. RF 2021; and

Scania BT200/201/B/D/I – certificate no. RF 2024.

More information on rigid trucks and trailers

VicRoads website at www.vicroads.vic.gov.au and follow the links to heavy vehicles – information bulletins.

VicRoads Permit Officers: telephone: 9881 8853.

3.16 Auxiliary brakesAuxiliary brakes are important for the safe operation of trucks but can be dangerous when used on wet surfaces and may result in jack knifing or slipping.

More information on auxiliary brakes

Get a copy of VicRoads information booklet, Be Careful Using Auxiliary Brakes from www.vicroads.vic.gov.au and follow the links to heavy vehicles – information bulletins.

3.17 Mass, Dimension, Oversize and Rear Overhang LimitsIt is an offence to drive on a highway:

a vehicle which is overloaded;

a vehicle exceeding permitted dimensions;

a vehicle exceeding rear overhang limits.

The owner and driver of the vehicle must be aware of the vehicle’s mass, dimension and rear overhang limits. All of these limits can be calculated in a variety of ways depending on the type and size of the vehicle.




http://www.tca.gov.au/

http://www.atatruck.net.au/


When mass, dimension or rear overhang dimensions are exceeded to facilitate the movement of large indivisible loads, ie large harvesting equipment, permission must be obtained by seeking a permit from VicRoads.

More information mass, dimension, oversize and rear overhang limits

Road Safety Vehicle Regulations 1999.

Telephone VicRoads Permit Officers on 9881 8853.

See the following publications on VicRoads website at www.vicroads.vic.gov.au :

o Mass Limits for Trucks in Victoria

o Rear overhang Limits for Cars and Trucks in Victoria

o Oversize Load Carrying Vehicles, September 2000

3.18 Truck Stops and Rest AreasTo assist drivers to take regular rest breaks during their journey, truck stops and rest areas are located throughout Victoria. VicRoads and the Victorian Road Freight Advisory Council have produced an information booklet Truck Stops and Rest Areas Melbourne/Geelong, May 2002. This Guide provides information on commercial and public rest stops including services and facilities available at these locations and locations that can accommodate B-doubles and over dimensional loads.

The locations of rest areas and truck parking bays in rural Victoria are shown on VicRoads’ Drivers’ Guide to Rural Victoria. This guide and the above information booklet can be downloaded from the VicRoads’ website at www.vicroads.vic.gov.au .

More information on fatigue management

See the Transport Industry Safety Group publication, A Guide to Occupational Health and Safety, Transport Industry (discussed in section 4.3).

A range of material on managing and preventing fatigue is available at www.vicroads.vic.gov.au . Follow the links to Heavy Vehicles – Logbooks and Driving Hours. You can contact VicRoads on telephone 13 11 71.

You can purchase the Victorian Bus and Truck Drivers Handbook from the VicRoads Bookshop (phone 9854 2782) or download it at www.vicroads.vic.gov.au (follow the links to: Heavy Vehicles – Registration and Licensing – Victorian Bus and Truck Drivers Handbook).

The National Transport Commission (NTC) has produced helpful information on fatigue management, including on napping to manage fatigue and on proposed reforms of regulation, available from www.ntc.gov.au. You can contact NTC staff on (03) 9236 5000.

3.19 Route and Planning InformationCertain load or height limits apply to bridges and sections of roads. It is essential for you to understand which bridges and sections of roads you are able to travel on, as heavy penalties may be imposed for non-compliance. You may also be required to pay for damage caused to roads or bridges that could not take the weight or height of your vehicle.

Drivers must not drive their vehicles beneath a bridge or overhead structure that carries a sign with the words “LOW CLEARANCE” or “CLEARANCE” if the height of their vehicle, including the load, is equal to or greater than the height shown on the sign. Many roads carry advance warning signs and drivers should look out for these so they can take alternative routes.

B-doubles and higher mass limit vehiclesB-doubles and higher mass limit vehicles are only allowed to operate where they can do so safely in relation to other traffic and where the roads are suitable. Drivers of these vehicles must carry the following VicRoads’ information bulletins in the driver’s compartment:

B-doubles and Higher Mass Limit Trucks, May 2004

Local Roads Approved for B-doubles and Higher Mass Limits Trucks, May 2006

26 metre B-doubles, November 2005, for vehicles longer than 25 metres and up to 26 metres long


http://www.ntc.gov.au/





Height Clearance on Roads, January 2000, for vehicles that are allowed to exceed 4.5 metres in height

In addition, operators must carry any permits for B-doubles to travel on specific roads.

More information on B Doubles and higher mass limit vehicles

VicRoads website: www.vicroads.vic.gov.au and follow the links to heavy vehicles – route and permit information.

Call VicRoads Permit Officers: 9881 8853.

Load limits for Victorian bridgesA list of the load limits for Victorian bridges can be found on the VicRoads’ website.

More information on limits for Victorian bridges

VicRoads website: www.vicroads.vic.gov.au by following the links to Heavy Vehicles – Route and Permit Information.

VicRoads Permit Officers: 9881 8853.

Truck curfews and brake noiseSome residential areas are subject to truck curfews, or have signage asking drivers not to use engine brakes in the area. The VicRoads’ website contains information about where truck curfews operate, and how to reduce engine brake noise.

More information on truck curfews

VicRoads website: www.vicroads.vic.gov.au by following the links to Heavy Vehicles – Route and Permit Information – Truck Curfews.

VicRoads information booklet, Professional, Powerful and Pretty Quiet describes ways to reduce engine noise, including the use of noise suppressors.

Contact VicRoads Permit Officers: 9881 8853.

3.20 Codes of BehaviourSome haulage contractors have developed their own code of behaviour after extensive consultation, for example the Ash Salvage Carters. A code of behaviour is not legally enforceable but it is expected that most haulage contractors will comply. Examples of the issues covered are:

load security;

mass limits;

allowing traffic to pass;

travelling on the correct side of the road;

travelling through roadworks;

load height;

use of engine brakes in towns;

dropping of dust;

driver inexperience;

fatigue management;

travelling through towns and school crossings; and

use of CB radios.

It is important for all those involved in the industry to work in accordance with this and any other similar codes of behaviour.

More information on driver behaviour

Ash Salvage Carters and Drivers Self-Regulating Code of Behaviour.





3.21 Understanding and managing fatigueDriver fatigue is a major factor in serious road injuries and fatalities. Driver fatigue can result from long driving and work hours, failure to take sufficient rest and meal breaks and taking drugs or alcohol. Research shows that adults need six–eight hours’ uninterrupted sleep each day.

Some of the signs of fatigue include:

blurred vision;

constant yawning;

slow reactions;

poor concentration;

sore eyes;

impatience; and

not remembering the last few kilometres of the trip.

Set out below are the essentials for managing fatigue for owner drivers.

Comply with fatigue management requirements by implementing measures that minimise fatigue

Assess fatigue risks associated with work you undertake.

Make sure you are trained and informed about fatigue.

Have basic safe work procedures to minimise fatigue.

Comply with operating limits (eg minimum continuous break for sleep).

Plan your workload by building in time to recover from fatigue

Plan trips to allow as much sleep at night as possible.

Build in time to adjust from a return from a break or from day to night driving.

Schedule trips to allow for adequate rest breaks.

Schedule trips within working time limits and allowing for possible delays.

Make sure drivers and equipment are well prepared by where appropriate

Keep your medical assessments up to date.

Use a “Fitness for Duty” self-assessment.

Keep up to date with information about fatigue.

Maintain vehicles to meet roadworthiness standards, fatigue related standards (eg ADR 42 on sleeper berths and ADR 42.18 on ventilation) and in good condition to reduce vibration and noise.

Apply recognised methods of minimising fatigue on trips

Get sleep in as dark, quiet and comfortable place as possible.

Minimise driving in low alertness periods (night and early afternoon).

Work within limits for continuous driving and taking short breaks and naps to reduce fatigue.

Work within working time limits designed to reduce fatigue.

Understand the limitations of temporary measures such as coffee, short breaks and naps.

Manage disruptions to schedules

Reschedule pick up and delivery times.

Find a relief driver and comply with requirements for transport operators/employers when for example long delays extend your working time.


Adjust the schedule to get to a good place for rest or sleep.

Balance any extra working time with a longer break.

Balance any reduction in normal sleep with a longer sleep opportunity in the next period.

Eat sensible foods (see section 4.9 of this information booklet for more information).

Keep basic records for managing fatigue

Log books or driver diaries.

Records of required health assessments and any training undertaken.

Records of any fatigue incidents and action taken as a result.

Regularly review operations

Use a simple self-assessment checklist on the points above.

Check your working time and sleep time for the last month and see if it has allowed you adequate time to recover on a short and longer term basis.

Look at what similar operators are doing to manage fatigue.

If you need help with fatigue management, seek assistance from your union or association. Both VicRoads and the National Transport Commission provide advice about managing and preventing fatigue and details of organisations providing training programs on the management of driver fatigue.

Special Fatigue Management RequirementsDrivers of heavy vehicles over 12 tonnes GVM have to comply with legal driving hours and working times and are required to have specified rest periods. Drivers are also required to keep a record of their working hours and rest times. Those travelling outside 100 km radius from their home base are required to carry a log book. You must carry a record of your driving times for the last 28 days in your vehicle.

The National Transport Commission has proposed new national road transport heavy vehicle driver fatigue laws. These will require all those involved in the supply chain to manage the risks of heavy vehicle driver fatigue. The National Transport Commission (NTC) expects new regulations on heavy vehicle driver fatigue to be enacted by 2008.

More information on heavy vehicle fatigue management and logbook requirements

Go to www.vicroads.vic.gov.au and follow the links to Heavy Vehicles, Logbooks and Driving Hours. See also on the same website:

o National Driving Hours Regulations and Instructions for Completing the National Log Book, July 1998

o Local Truck Driving Hours (Working within a 100 km Radius), April 2001

o Regulations for Trucks Towing Trailers

o Victorian Bus and Truck Drivers Handbook

Get a copy of the National Transport Commission fact sheet Fatigue Information for Owner/Drivers (March 2006) by going to www.ntc.gov.au and following the links to fatigue – news and facts sheets.

3.22 Your Health and Wellbeing Looking after your health is like looking after your vehicle – regular care and maintenance pays off in the long run.

Being fit and healthy is not only a good thing for your personal wellbeing, but will also help make you a safer and more alert driver.

You can make healthier food choices even from truck stops and takeaway outlets. Healthier alternatives are those with less fat (particularly less saturated fat, eg avoid high fat red meats, salami, biscuits, cakes, etc.), less sugar; and more fibre. A healthier diet means:1

more fruit and vegetables;

1 Source: National Transport Commission fact sheet “Driving and Your Health – Think About It” Fact Sheet 6.


http://www.ntc.gov.au/


more wholegrain breads and cereals;

moderate amounts of lean meat;

at least a couple of serves of fish per week;

moderate amounts of low fat dairy products;

fewer cakes and biscuits; and

fewer sugary soft drinks and plenty of water.

Foods labelled “Low GI” (low glycaemic index) are a great choice, as these are foods that slowly release their energy and keep you feeling satisfied and more alert for longer.

The Transport Workers Union has published the Trucker’s Fitness DVD, presented by champion boxer Sam Soliman, which gives some easy ideas to improve your personal fitness while out on the road. This is part of the Union’s HealthBreak program, which promotes health, fitness and wellbeing for transport workers.

More information on Health Break

Contact Health Break for information on workplace information sessions on health and fitness on telephone 1300 727 614 or check the website www.healthbreak.org .

For more information on health and driving, read the series of fact sheets from www.ntc.gov.au under the title “Driving and Your Health – Think About It”.

StressStress is an important issue for all workplaces. Feeling stressed can affect your safety on the road and your family and relationship.

As well as personal issues, causes of stress for drivers include communication difficulties, bullying, workplace changes, traffic, unresolved health and safety issues, excessive performance monitoring, poor work organisation and difficulties dealing with clients or the public.

Signs that stress has become a problem include, feelings of anger or frustration, loss of concentration, poor memory, prolonged sleeplessness and disturbing dreams, anti-social behaviour, indecisiveness, absenteeism, reduced performance, demand for more precise instructions, increased smoking or alcohol consumption, or drug taking, and ill-health such as frequent headaches, gastro-intestinal disturbance.

Six Stress Management Tips for Transport Workers:

Exercise.

Take a break.

Take a power nap.

Improve your diet.

Ask for help.

Express your concerns.2

More information on health, stress and wellbeing

Lifeline Suicide Prevention: telephone 13 11 14

Suicide Helpline Victoria: telephone 1300 651 251

Mental Health Services: telephone 1300 767 299

SANE Mental Health Infoline: telephone 1800 187 263

Gamblers Help: telephone 1800 156 789

Quitline: telephone 13 78 48

2 Source: www.healthbreak.org.


http://www.healthbreak.org/

http://www.healthbreak.org/

Turning Point Drug and Alcohol: telephone 1800 888 236

Raymond Hader Clinic (which offers treatment for addictive behaviour): telephone 1800 88 33 88

Mensline Australia: telephone 1300 789 978

Chain of Responsibility: contact VicRoads on 13 11 71

Workplace bullying and violenceWorkplace bullying is repeated unreasonable behaviour directed towards workers that creates a risk to health and safety. Some examples of behaviour that may constitute bullying, especially where that behaviour occurs repeatedly are:

verbal abuse;

excluding or isolating employees;

psychological harassment;

intimidation;

assigning employees meaningless tasks unrelated to the job;

deliberately changing work rosters to inconvenience employees; and

deliberately withholding information that is vital for effective work performance.

Workplace violence occurs where a worker is physically attacked or threatened. A threat occurs where behaviour or a statement causes another person to believe they are in danger of being physically attacked.

If you experience workplace bullying or violence or you are aware of it occurring, report it to your hirer or to your workplace health and safety representative and to WorkSafe advisory staff or inspectors. Seek advice from your union or professional association.

More information on workplace bullying and violence

You can obtain a printed copy of the Guidance Note, Prevention of Bullying and Violence at Work, February 2003 from www.workcover.vic.gov.au by following the link to “publications” or you can email your request to [email protected] or telephone 1800 136 089.

You can also contact WorkCover advisory staff or inspectors for advice on (03) 9641 1444 or 1800 136 089 (Toll Free).

AcknowledgementsIn preparing this guide the Victorian Government acknowledges the crucial assistance and guidance of the Chairperson and members of the Forestry Industry Council:

Neil Pope, Chairperson

Gary Blackwood Victorian Harvesting and Haulage Council

Gary Leeson Victorian Harvesting and Haulage Council

Nicholas Murray Victorian Association of Forest Industries

Cameron MacDonald VicForests

Matthew Crapp VicForests

Kevin White Australian Plantation Products and Paper Industry Council

Jane Calvert Construction Forestry Mining and Energy Union

Darren Rounds Construction Forestry Mining and Energy Union

The Victorian Government also acknowledges assistance and material from:

Australian Plantation Products and Paper Industry Council

Barry Jenner, consultant




Construction Forestry Mining and Energy Union

Department of Innovation, Industry and Regional Development (Victoria)

Department of Primary Industries

Industrial Relations Victoria

Office of the Victorian Small Business Commissioner

Victorian Association of Forest Industries

VicForests

Victorian Harvesting and Haulage Council

VicRoads

Victorian WorkCover Authority

APPENDIX 1: OWNER DRIVERS AND FORESTRY CONTRACTORS CODE OF PRACTICEAPPENDIX 2: APPOINTMENT OF NEGOTIATING AGENT FORM

APPENDIX 3: ADVISER CHECKLISTAPPENDIX 4: SAMPLE RATES AND COSTS SCHEDULE

APPENDIX 5: SAMPLE INCOME STATEMENT

APPENDIX 6: INSURANCE CHECKLIST

APPENDIX 7: ORGANISATIONS, CONTACTS AND WEBSITESOrganisation Website Telephone

Australian Business Register www.abr.business.gov.au 13 28 66

Australian Plantation Products and Paper Industry Council

www.a3p.asn.au/ 1800 00

Australian Securities and Investment Commission

www.asic.gov.au 9280 3200

1300 300 630

Australian Taxation Office www.ato.gov.au 13 28 66

Banking and Financial Services Ombudsman

www.bfso.org.au 1300 78 08 08

BAS Statements www.bp.ato.gov.au 13 28 66

Business Enterprise Centres Victoria www.becnvic.com 9254 3038

Business Victoria www.business.vic.gov.au 13 22 15

Centrelink Financial Services www.understandingmoney.gov.au 1800 236 235

Certified Practising Accountants Australia www.cpaaustralia.com.au 1300 73 73 73

Construction Forestry Mining and Energy Union (Forestry Division)

www.cfmeu-forestdivision.com.au (03) 9274 9215

Consumer Affairs www.consumer.vic.gov.au 1300 55 81 81

Department of Primary Industries www.dse.vic.gov.au/dpi/index.htm 136 186

Financial Counselling (Vic) www.financial-counselling.org.au 9585 1955


http://www.financial-counselling.org.au/

http://www.dse.vic.gov.au/dpi/index.htm

http://www.consumer.vic.gov.au/

http://www.cfmeu-forestdivision.com.au/

http://www.cpaaustralia.com.au/

http://www.understandingmoney.gov.au/


http://www.becnvic.com/

http://www.bp.ato.gov.au/

http://www.bfso.org.au/

http://www.ato.gov.au/

http://www.asic.gov.au/

http://www.a3p.asn.au/

http://www.abr.business.gov.au/

Gamblers Help www.problemgambling.vic.gov.au 1800 156 789

Industrial Relations Victoria www.irv.vic.gov.au 13 22 15

Institute of Certified Bookkeepers www.icb.org.au 1300 85 61 81

Insolvency Practitioners Association of Australia

www.ipaa.com.au (02) 9290 5700

Institute of Chartered Accountants www.icaa.org.au 1300 137 322

Insurance Brokers Network of Australia www.ibna.com.au (02) 8913 1640

Insurance Council of Australia Limited www.ica.com.au (02) 9253 5100

Insurance Ombudsman www.iecltd.com.au 1300 78 08 08

Law Institute of Victoria www.liv.asn.au 9607 9311

Lifeline Suicide Prevention www.lifeline.org.au 13 11 14

Mensline Australia www.menslineaus.org.au 1300 789 978

Mental Health Services www.health.vic.gov.au/mentalhealth 1300 767 299

National Institute of Accountants www.nia.org.au 8665 3150

National Insurance Brokers Association of Australia

www.niba.com.au (02) 9964 9400

Office of Employment Advocate www.oea.gov.au 1300 363 264 (General Enquiries)

1300 662 871 (Small Business)

Office of Workplace Services www.ows.gov.au 1300 724 200 (Complaints)

1300 363 264 (Enquiries)

Quitline www.quit.org.au 13 78 48

Raymond Hader Clinic Drug and Alcohol www.rayhaderclinic.com.au 1800 88 33 88

9804 5757

SANE Mental Health Services www.sane.org 1800 187 263

Victorian Small Business Commissioner www.sbc.vic.gov.au 1800 136 034

13 22 15

Small Business Counselling Service www.sbcs.org.au 1800 136 034

13 22 15

Suicide Helpline Victoria www.suicidehelpline.org.au 1300 651 251

Superannuation

Information about superannuation

TWU Super

www.superchoice.org.au

www.twusuper.com.au

13 10 20

1800 222 071 (Member Services)

1800 241 877 (Employer Services)

Turning Point Drug and Alcohol www.turningpoint.org.au 1800 888 236


http://www.turningpoint.org.au/

http://www.twusuper.com.au/

http://www.superchoice.org.au/

http://www.suicidehelpline.org.au/

http://www.sbcs.org.au/


http://www.rayhaderclinic.com.au/

http://www.quit.org.au/

http://www.ows.gov.au/

http://www.oea.gov.au/

http://www.niba.com.au/

http://www.nia.org.au/

http://www.menslineaus.org.au/

http://www.lifeline.org.au/

http://www.liv.asn.au/

http://www.iecltd.com.au/

http://www.ica.com.au/

http://www.ibna.com.au/

http://www.icaa.org.au/

http://www.ipaa.com.au/

http://www.icb.org.au/


http://www.problemgambling.vic.gov.au/

Victorian Business Centres www.business.vic.gov.au 13 22 15

Victorian Business Line www.business.vic.gov.au 13 22 15

Victorian Association of Forest Industries www.vafi.org.au/home/ 9611 9000

VicForests www.vicforests.com.au/ind-fr-home-frame.html 9608 9500

Victorian Harvesting and Haulage Council

VicRoads

General Queries

Bookshop

Permit officers

Securities Register

www.vicroads.vic.gov.au

Note for specific advice on heavy vehicle regulations, mass and dimension permits and accreditation schemes, see Appendix 5 VicRoads Transport Safety Service Offices

13 11 74

9854 2782

9881 8853

13 11 71

Victorian WorkCover Authority

WorkSafe Advisory Service

WorkSafe Publications Unit

www.workcover.vic.gov.au 1800 136 089

(03) 9641 1444

APPENDIX 8: VICROADS: TRANSPORT SAFETY SERVICES OFFICESVicRoads Region Area Telephone No. Address

Metro North West Metropolitan Melbourne, north-west of the Yarra River

9302 8400 Pearcedale Parade, Broadmeadows Vic 3047

Metro South East Metropolitan Melbourne, south-east of the Yarra River

9881 8862 12 Lakeside Drive, Burwood Vic 3151

Eastern Warragul, Leongatha, Traralgon, Sale, Bairnsdale, Genoa

5135 3037 87 Princes Way, Morwell Vic 3840

Northern Seymour, Kyneton, Bendigo, Echuca, Swan Hill, Charlton

5434 5000 57 Lansell Street, Bendigo Vic 3550

North Eastern Yea, Mansfield, Wodonga, Cobram, Shepparton

5761 1888 50 Clarke Street Benalla Vic 3672

South Western Geelong, Colac, Warrnambool, Portland, Hamilton

5225 2578 180 Fyans Street, South Geelong Vic 3220

Western Bacchus Marsh, Ballarat, Ararat, Horsham, Mildura

5333 8779 88 Learmonth Road, Ballarat Vic 3350




http://www.vicforests.com.au/ind-fr-home-frame.html

http://www.vafi.org.au/home/



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