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New obligations on employer whose employee drives a heavy truck

This article was published in Safety Watch E-Newsletter, October 2005

According to a WorkCover NSW consultation paper entitled "Fatigue management in the long distance - Road Freight Industry" the economic cost to NSW of fatalities as a result of articulated truck crashes in 2003/04 is more than $178 million. The Occupational Health and Safety (Amendment Long Distance Truck Driver Fatigue) Regulation 2005 (the Regulation), which will commence on 1 March 2006, is aimed to reduce the fatigue of drivers of heavy trucks, which in turn may decrease fatalities.

The Regulation imposes obligations on those employers whose employees drive heavy trucks transporting freight for more than 500 kilometres. The employer is required to assess the risk of harm from fatigue to the driver’s health and safety and also to take steps to eliminate or control that risk to the extent that the employer's activities contribute to the risk. An employer who fails to comply with the obligation may be fined up to $27,500.

The employer must also prepare a driver fatigue management plan and provide a copy of the plan to the employees concerned. An employer in breach of these requirements may be fined up to $27,500. The plan must address certain matters to the extent they may affect driver fatigue. Some of these matters include the driver's roster, systems for monitoring driver safety and training about fatigue.

The Regulation also require certain records to be kept for 5 years. This includes all driver fatigue management plans, all contracts entered into that relate to the transportation of freight long distance, all trip schedules, delivery timetable and driver rosters and any risk assessments that relate to the fatigue of drivers of heavy trucks.

Head carriers, consignors and consignees (with 200 employees or more) are subject to the same obligations when they enter into contracts with self-employed carriers to transport freight long distance.

Consignors and consignees (with 200 employees or more) have further obligations. They must not enter into a contract with carrier unless they are satisfied that the delivery timetables are reasonable and that each driver who will transport the freight long distance under the contract is covered by a driver fatigue management plan.

The obligation on consignors and consignees apply in exactly the same way to their agents. If an agent commits an offence under the Regulation, the consignor or consignee is deemed to be liable as well.

OHS tip

Prior 1 March 2006, employers are strongly advised to assess the risks of harm caused by fatigue, develop driver fatigue management plans and take steps to eliminate or control potential risks.