The transport industry is undeniably one of the most hazardous sectors in Australia, with recent statistics painting a grim picture. In 2022 alone, the sector recorded 67 fatalities, yielding a fatality rate of 9.5 per 100,000 workers.
With 2024 already surpassing 90 deaths, it’s evident that the industry’s risks are intensifying. These figures underscore a critical need for a robust compliance culture centred on ensuring drivers are “Fit For Duty”.
Understanding the Risks
Transport is inherently risky. Each day, drivers face numerous hazards, from adverse weather conditions to the potential of encountering reckless drivers.
This risk is magnified by the pressures of meeting tight schedules, managing long hours, and coping with fatigue.
As the industry’s fatality rate suggests, these risks have real consequences, affecting not only the individuals directly involved but also their families and businesses.
The Shift in Compliance Priorities
Traditionally, transport compliance might have been seen as an administrative chore, something to address when time permits. However, this perspective needs to shift.
Compliance is no longer just about ticking boxes; it’s about safeguarding lives and ensuring the ongoing viability of your business. With the increasing scrutiny on driver safety, proactive compliance has become a critical priority.
Real-World Implications: A Personal Account
My own experience serves as a stark reminder of the importance of compliance. Four years ago, I was involved in a serious accident. A car crossed into my lane and collided with my truck. Despite my efforts to avoid the collision, I found myself at the centre of a police investigation. My truck was seized, and I was taken to a hospital for blood testing.
The scrutiny was intense. My work diary and vehicle were thoroughly inspected.
Fortunately, everything was in order, and I was cleared of wrongdoing. However, if there had been discrepancies in my work diary or if I had been under the influence of medication that impaired my driving, the outcome could have been very different.
This incident highlighted the crucial role that accurate record-keeping and personal fitness for duty play in protecting you and your business from legal and professional repercussions.
The Consequences of Negligence
A recent case highlights the severe consequences of failing to ensure driver fitness.
Brett Andrew Button was sentenced to 32 years in prison following a tragic bus crash in Hunter Valley in 2023. The accident, caused by Button’s impaired and reckless driving, resulted in ten fatalities and numerous injuries.
The court’s decision underscored the gravity of abandoning responsibility and the devastating impact it can have on innocent lives.
Driver Responsibilities
As a driver, you bear significant responsibility for ensuring you are fit for duty. This involves several key considerations:
- Fatigue Management: Ensure you are not suffering from fatigue and that you have taken statutory rest breaks.
- Substance Use: Confirm you are not impaired by prescription medications, over-the-counter drugs, alcohol, or other substances.
- Health Monitoring: Regularly check your health status and address any medical conditions that might affect your driving ability.
- Documentation: Maintain an accurate and up-to-date work diary.
Driving when you are not fit for duty can lead to severe consequences, including legal liability, loss of employment, and personal harm.
Business Responsibilities
Under the Heavy Vehicle National Law (HVNL), businesses also have crucial responsibilities to ensure safety. Section 26C mandates that all parties in the Chain of Responsibility (CoR) must ensure, as far as reasonably practicable, the safety of transport activities. Section 26D further requires executives to exercise due diligence to ensure compliance with safety obligations.
To manage driver fitness effectively, businesses should implement the following measures:
- Pre-employment Medical Examinations: Identify pre-existing conditions that may affect driving.
- Drug and Alcohol Testing: Regularly test drivers to prevent impaired driving.
- Ongoing Health Assessments: Conduct annual or post-incident medical evaluations.
- Fatigue Management: Provide training on fatigue awareness and ensure drivers have access to proper rest facilities.
- Healthy Lifestyle Support: Encourage healthy eating, exercise, and adequate rest during breaks.
Failing to address these aspects not only risks public safety but also exposes the business to legal and financial repercussions.
Implementing Policies and Procedures
To comply with HVNL and protect both your drivers and your business, it’s essential to have robust policies and procedures in place. These should cover:
- Speed
- Fatigue Management
- Drug and Alcohol
- Vehicle Standards
- Mass
- Dimensions and Loading
Policies should be tailored to your specific business needs and operational practices. Generic policies are often insufficient and can lead to compliance failures. Engaging a consultant or using resources like NHVAS guides can help develop effective, customised policies.
Conclusion
The transport industry’s high-risk nature demands vigilant compliance with safety regulations. Ensuring that drivers are fit for duty is not just about avoiding legal trouble; it’s about protecting lives and fostering a culture of safety.
By prioritising rigorous compliance and implementing comprehensive policies, businesses can mitigate risks and uphold their responsibility under the HVNL.
About the Author
Glyn Castanelli has held a heavy vehicle driver’s licence since 1989, with a diverse career in the transport industry that includes roles as a driver, owner-driver, heavy vehicle compliance officer, and operations manager.
With four years of experience as a transport compliance auditor, he continues to conduct audits for NHVAS, WAHVA, AMCAS, and CLOCS-A. Currently, Glyn is a Customer Success Consultant at Hubfleet, where he helps companies optimise the Hubfleet Safety Management System to meet their compliance obligations effectively. His extensive experience and current roles make him a valuable asset in promoting industry safety and compliance.
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