T-1370 CHAIN OF RESPONSIBILITY (CoR) This work has been produced by DGL (Aust) Pty Ltd This Learner’s Tool is about the skills and knowledge required for CoR obligations at DGL (Aust) facilities.

Before you get started It is important that you complete all sections in this learning tool as it has been designed so that You can abide by the procedures of our organization. You can apply what you have learnt in this package in your day to day activities This Learning Tool is designed to be relevant only to DGL (Aust) Pty Ltd employees and only applied whilst employed with DGL (Aust) Pty Ltd You may have already acquired knowledge in the area identified in this package as you may have completed some specialized training. Or you may have been working within the industry for some time. Should you identify any improvement opportunities in the information contained in this package or have difficulties completing the package please contact National Training and Compliance Manager DGL (Aust) Pty Ltd PO BOX 1594 EAGLE FARM QLD 4009 Ph 07 3868 1001 Fax 07 3868 1055

LEGISLATION (REFORMS) Transport legislation has been introduced and is based on the National Road Transport Reform (Compliance and Enforcement) Bill 2003. (The Bill was developed by the National Transport Commission in consultation with representatives from the Commonwealth, State and Territory road transport agencies and other key stakeholders.) C&E reforms have been incorporated into following legislation. Vic: Road safety Act 1986 NSW: Road Transport (General) Act 2005 QLD: Transport Operations Act 1995

BACKGROUND TO THE BILL The Bill provides a nationally consistent framework to improve compliance with and enforcement of road transport requirements. The purpose of the Bill is to make positive changes to the on-road behaviour of people involved in the transport industry and to make all parties in the chain accountable for compliance. This reflects the chain of responsibility principle.

COR & Existing Requirements The COR builds on already existing: Regulations for driving hours Road transport laws that allow enforcement officers to inspect and search heavy vehicles and premises in order to detect breaches. Dangerous goods regulations. IT IS NOT NEW! THE KEY: All parties in the road transport supply chain have specific obligations under the law to prevent a breach.

WHAT CHAIN OF RESPONIBILITY ACHEIVES Contribute to the improvement of road safety for all road users. Create a level playing field for industry by making it more difficult for those that don’t comply with the law to operate.

SO WHAT DOES COR LEGISLATION MEAN FOR YOU? YOU can be held legally accountable if, by your actions, inactions or demands, you cause or contribute to road safety breaches. Control = Responsibility = Legal Liability In other words, you will share responsibility for safety on the road with other parties in the chain.

WHO CAN BE HELD RESPONSIBLE? If you are involved in any of the following activities you may be liable for safety breaches on the road unless you take due care when: Consigner organising the carriage of a load by road. Packer placing goods in packages, containers or pallets. Loader placing or restraining the load on a vehicle. Driver the physical act of driving a vehicle. Operating operating the business which controls the use of a vehicle. Receiving paying for the goods/taking possession of the load/receiving product.

IMPORTANT Understanding your responsibilities and the potential consequences under chain of responsibility will help you operate legally.

Consigners and Receivers As a consigner or receiver under the Compliance and Enforcement Legislation you have a responsibility for ensuring that any demands you make do not require the Driver to: Exceed permitted driving hours. Fail to have minimum rest breaks. Exceed the speed limit. Carry Goods that exceed vehicle dimensional limits. Carry Goods that cause vehicle mass limits to be exceeded. Carry Goods that are not appropriately secured

Consigners and Receivers If you can show that you did not know and could not have been reasonably expect to now that the road law breach would occur, and that either: You have taken all reasonable steps to prevent the breach, and or There was nothing that you could reasonably do to prevent the breach After this you will not be held liable for an offence under the chain of responsibility.

Consigners and Receivers What YOU need to do? You should ensure you can demonstrate you took reasonable steps to prevent a breach occurring. There are no limits to which you can do this. What constitutes reasonable steps will vary according to each individuals circumstances Examples of steps you could take: Implement compliance assurance conditions in relevant commercial arrangements with responsible persons. Request information about what systems and controls are in place to ensure compliance. Ensure there are no award arrangements which encourages or rewards Non-Compliance. Implement active risk management systems. Individual business or industry sectors may choose to develop industry codes of practice to suit their needs and assist in achieving compliance. This could include Staff training, due diligence and quality management systems.

Schedulers, Supervisors, Operators and Managers Your responsibility As a Scheduler, Supervisor, Operator or Manager of a business involved in road transport, your responsibilities include ensuring that: Roosters and schedules do not require drivers to exceed driving hour regulations or speed limits. Vehicle speed limiters are functioning Vehicles do not exceed mass or dimensional limits. Appropriate restraint equipment is provided and loads are appropriately restrained. You keep records of your drivers activities, including driving, work and rest times

Schedulers, Supervisors, Operators and Managers What you need to do? As a Scheduler, Supervisor, Operator or Manager, you need to make sure that your conduct does not compromise road safety or involve breaking any law. You should implement systems in place to record all relevant information, form the mass of the vehicle for each trip, Driver activity record keeping. (Log book and driver run sheets) If speed limiters are fitted ensure they are working correctly. Manage scheduling and rosters with drivers input. Ensure all vehicles and equipment are in good working or operating order. Ensure all employees have the relevant information and training on relevant laws and regulations that govern them in the work place.

Loaders and Packers Your Responsibilities Under the compliance and enforcement legislation loaders have a responsibility for ensuring the vehicle load: Does not exceed dimension or mass Is placed in a way that it does not become unstable, unsafe, move or fall off a vehicle.’ Packers have a responsibility for ensuring all paper work is correct and not false or misleading. if packing a container ensure all specifications of the container are adhered to. If you can show that you did not know and could not have been reasonably expect to now that the road law breach would occur, and that either: You have taken all reasonable steps to prevent the breach, and or There was nothing that you could reasonably do to prevent the breach After this you will not be held liable for an offence under the chain of responsibility.

Loaders and Packers What you need to do? You should ensure you can demonstrate you took reasonable steps to prevent a breach occurring. There are no limits to which you can do this. What constitutes reasonable steps will vary according to each individuals circumstances Examples of steps you could take include: Having a diagram of loads versus axle weights of the vehicle. Check loads via weigh stations if accurate measurements can not be taken. Keep all documentation of weights of products on the vehicle. Individual business or industry sectors may choose to develop industry codes of practice to suit their needs and assist in achieving compliance. This could include Staff training, due diligence and quality management systems.

Drivers Your Responsibility As a truck driver your responsibilities include ensuring that: Your Vehicle does not exceed mass limits. Your Vehicle does not exceed dimensional limits. Your load is appropriately restrained. You do not exceed the speed limit. You do not tamper with any equipment required to be fitted to the vehicle. All regulate hours are adhered to. (Working and driving time) Required rest breaks are taken. Record of your driving hours are made.

Drivers – Mass Limits Rigid 2 Axles

Drivers – Mass Limits Rigid 3 Axles

Drivers – Mass Limits Rigid 4 Axles

Drivers – Mass Limits Rigid 3 Axles & Dog Trailer

Drivers – Mass Limits Articulated 4 Axles

Drivers – Mass Limits Articulated 5 Axles

Drivers – Mass Limits Articulated 6 Axles

Drivers – Mass Limits19 meter & B-Double

Drivers – Mass Limits 25 or 26 meter & B-Double

Drivers – Vehicle Dimension Limits

Drivers – Vehicle Dimension Limits

Drivers – Vehicle Dimension Limits

Drivers What you need to do? As a driver you need to make sure that your conduct does not compromise road safety or involve breaking any laws. Examples may include: Keep weigh bridge dockets issued to that vehicle Keeping any loading documentation that shows the weight of the vehicle You must not exceed regulated hours in work or driving time You must have a rest if feeling fatigued. Ensure restraint equipment is in a serviceable condition and serviced in the need arises. And ensure you keep the speed limit at all times Remember the weight of you vehicle unloaded, this will help you plan for the load

Test your knowledge Through the following slides you will be asked an number of questions to show that you have understood the content of this learning tool Please record your answer on the training form F-260. You will be required to submit the answers to the DGL HSEQ unit

Question 1 Can I be sacked if I refused to take a over weight load out? a) yes b) no

Question 2 If I told some one to hurry up and get back to work. Could I be held accountable a) yes b) no

Question 3 As a loader if I see a truck has no restraint equipment on board, would I be held responsible in the chain of responsibility if the item came off and an injury occurred? a)yes b) no

Question 4 Who has obligations under chain of responsibility a) consignee b) consignor c) driver d) loader e) scheduler f) all of the above

Question 5 Do loader and packers responsibilities include ensuring a loads does not exceed dimension or mass, and is placed in a way that it does not become unstable, unsafe, move or fall off a vehicle a) yes b) no

Question 6 What is the total gross that you can have on a rigid 2 axle vehicle? a) 6 b) 9 c) 15 d) 7.5

Question 7 What is the legal axle limit on the middle of an Articulated 4 Axle Vehicle? a) 31.5 b) 9 c) 16.5 d) 42

Question 8 When is a red flag required on a load? a) when ever the vehicle is open b) when the load projects more than 1.2m at the front of the vehicle c) when you are carting different types of freight d) when the load projects more than 1.2m to the rear

Additional information Remember to assess the task, and take reasonable steps to comply to legislation, if you are unsure ask you immediate manager / supervisor or the HSEQ Department. All information was collected through the following agencies www.ntc.gov.au www.vicroads.vic.gov.au www.rta.nsw.gov.au Dangerous Goods Logistics