If you are part of the supply chain you will have a positive duty to ensure the safety of your transport activities ‘so far as reasonably practicable’.
Amendments to the Heavy Vehicle National Law (HVNL) create safety duties impacting everyone in the ‘Chain of Responsibility’ (CoR). Parties in the CoR include the consignee, consignor, or packer of goods, as well as those operating vehicles, scheduling and employing drivers. Executive officers (eg directors) also have new due diligence obligations.
Given the range and irregularity of loads transported by the waste and resource recovery sector, CoR obligations require you to give special consideration to packing and loading, load restraints, assessing weight and dimensions and transporting dangerous goods.
|1 October 2018 onwards|
|Safety obligations||Each party in the chain of responsibility has a positive duty to ensure the safety of their transport activities ‘so far as reasonably practicable’. There does not need to be an incident for a breach to occur. A breach may include a delivery contract that imposes financial consequences for delay.|
|Executive officer liability||Executive officers, such as directors of a company, have a due diligence obligation to ensure the company complies with its CoR safety duty.|
Waste management and resource recovery businesses are often involved at multiple points in the supply chain and will need to assess and manage the safety risks for their transport activities at each point. This means understanding and complying with the road safety laws in each relevant state or territory, but that alone does not discharge the general duty to ensure the safety of transport activities.
In order to comply with the CoR safety duty, businesses and executive officers should take the following steps:
The safety management system will need to be tailored to your business and transport activities. In most cases it will incorporate the following (and a whole lot more!):
If a party in the chain of responsibility breaches its safety duty, significant penalties may apply. Under the new laws, there are 3 categories of penalties.
|Category 1||Category 2||Category 3|
|Offence||The party, without a reasonable excuse, exposes an individual to risk of death or serious injury or illness and is reckless to the risk.||The party exposes an individual, or class of individuals, to risk of death or serious injury or illness.||Breach of the safety duty – discovery of the breach is sufficient.|
|Penalties for corporations||$3 million||$1 million||$500,000|
|Penalties for individuals||5 years imprisonment and/or $300,000||$100,000||$50,000|
Get in touch with Bespoke’s specialist Waste & Resource Recovery practice for information and clear straight forward solutions.
Posted on: 9 August 2018