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CHAIN OF RESPONSIBILITY

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1 CHAIN OF RESPONSIBILITY
The roles and responsibilities of drivers Handout the notes An industry committee was formed and identified the main issues and problems relating to the control of ex bin customers and developed solutions to those issues. However it was soon apparent that the same solutions should be applied to all drivers as a matter of consistency and overall risk management policy. It also was noted that although the initial scope was aimed at quarry customers the same concerns existed for concrete plants. This presentation focuses on the roles and responsibilities of drivers in relation to the CoR regulations. Hanson CoR for drivers Hanson CoR

2 CoR Each company, their employees, managers and directors are obligated under Chain of Responsibility legislation to take reasonable steps to prevent breaches of the regulations. The CoR regulations extend the scope of liability to those parties who know or ought to know that their actions or inactions may, cause, encourage or contribute to any breach and therefore bear a level of responsibility for any such breach. The laws also prohibits any person from – Making demands that they know or ought to know would cause a breach, Entering into contracts that they know or ought to know would cause, encourage or give an incentive for a breach, Coercing, inducing, causing, contributing to causing or encouraging breaches, Passing on false or misleading information that could cause a breach. If someone tells or causes or encourages a driver to speed, overload, forego rest breaks or work past their regulated hours then that person has breached the CoR regulations. This doesn’t absolve the driver – just spreads the blame. Hanson CoR for drivers Hanson CoR

3 CoR CoR legislation deals with 4 main areas of road transport –
fatigue mass, dimension and load restraint speeding dangerous goods Drivers have roles and responsibilities in all of those areas. Fatigue affects everyone sometime. Studies have shown that a driver who is fatigued has impaired motor and judgement skills and is a danger to himself and the general public. Drivers have a responsibility to ensure the safe loading of their truck, even if that truck or trailer was preloaded. Drivers have a responsibility to ensure that they do not drive whilst fatigued and that they comply with their work and rest hour option. Drivers must comply with all speed restrictions and limits. If anyone tells a driver that he needs to hurry to get to a site in time then that person has committed a breach. Hanson CoR for drivers Hanson CoR

4 CoR Under the CoR regulations there is grounds for “reasonable steps defence.” You must be able to show that you took reasonable steps to prevent breaching the regulations. This means you must record as well as do. The Hanson daily log sheet becomes your first line of defence. As far as the law enforcers are concerned if it isn’t recorded then a rest break or prestart check didn’t happen. Record all rest breaks – every rest break – not just the minimum required by the regulations or the EBA. Remember you don’t get docked whilst taking any rest break Record that you have completed the pre start check. Fill in the TFR book if you find a problem even if it is fixed straight away and pass the sheet on. Make notes during the day of anything that was unusual – “held up on site – couldn’t unload for 20mins” Keep the log sheet up to date as possible – if you are pulled over you can’t back track the last two loads and fill in the details. Hanson CoR for drivers Hanson CoR

5 CoR - Fatigue Do not accept any load, or drive a regulated heavy vehicle if you feel fatigued. Signs or indicators of fatigue include being irritable, inattentive, yawning, missing gear changes, not realising where you are and missing a turn off. Contact your direct supervisor or manager and advise him of the situation. Always record every legitimate rest break that you take. Don’t accept a load if you cannot complete the delivery and return to your base within your allowable work hours, unless prior arrangements are in place to replace you with another driver as needed. If a you feel fatigued the general rule would be – don’t load the truck. However tippers could be preloaded – either for the next day or for a shift partner. You still have to complete the day and park the truck within your allowable work hours Prior arrangements can be made where as one driver starts the delivery and a second driver completes the delivery. Hanson CoR for drivers Hanson CoR

6 CoR - Fatigue A driver must use the National Work Diary to record his work and rest hours if he – Is more than a 100 kilometre radius from his base He must also use the Hanson Driver’s Daily Log Sheet. A driver can still be fatigued and complying with the work hour regulations. Again - if a driver feels fatigued the general rule would be – don’t load the truck. An example of a Work Diary exemption is that primary producers can be 160 kilometres radius from their base before being required to complete a Work Diary. Hanson CoR for drivers Hanson CoR

7 CoR - Fatigue A driver must use the Hanson Driver’s Daily Log Sheet to record his work and rest hours if he is not using a National Work Diary. All rest breaks must be recorded All details must be accurate. Keep the details up to date during the day This becomes part of your reasonable steps defence Record all rest breaks – not just the minimum rest breaks required. Fill in all details – the more the better if it helps to paint a more accurate record of your work and rest times and your average speed. Make sure details are accurate – the Company can be subpoenaed to supply any supplementary records such as batch records, delivery dockets, ZS17 reports, status summary reports. If the Daily log sheet is complete and accurate the enforcing officer can be satisfied that the driver is complying with his or her work and rest hour option. If the sheet is incomplete or parts of the day is unaccounted for the officer may start probing further and then start writing breach reports and issue fines. Hanson CoR for drivers Hanson CoR

8 CoR - Fatigue Hanson CoR 8.2011
Record all rest breaks – not just the minimum rest breaks required. Make sure details are accurate – fill in all details – don’t leave columns blank Make sure that any time spent working on or with the heavy vehicle is recorded. Make sure all journeys are recorded including any empty running to other depots, quarries, plants or workshops. If the Daily logsheet is complete and accurate the enforcing officer can be satisfied that the driver is complying with his or her work and rest hour option. If the sheet is incomplete or parts of the day is unaccounted for the the officer may start probing further and then start writing breach reports and issue fines Hanson CoR for drivers Hanson CoR

9 CoR - Fatigue Hanson CoR 8.2011
Record all rest breaks – not just the minimum rest breaks required. Make sure details are accurate – fill in all details – don’t leave columns blank Make sure that any time spent working on or with the heavy vehicle is recorded. Make sure all journeys are recorded including any empty running to other depots, quarries, plants or workshops. If the Daily logsheet is complete and accurate the enforcing officer can be satisfied that the driver is complying with his or her work and rest hour option. If the sheet is incomplete or parts of the day is unaccounted for the the officer may start probing further and then start writing breach reports and issue fines Hanson CoR for drivers Hanson CoR

10 CoR – drivers hours Hanson CoR 8.2011
Drivers can operate under 3 options for work and rest hours. Standard hours are the base option and regulate all drivers and operators who are not accredited under either Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) Either BFM or AFM offer drivers and operators increased work hours in return for a higher level of fatigue management. Note – 24 hours is not restricted to a calendar day – it means any 24 hour period. Any period of less than 15 continuous minutes cannot be recorded as a rest break. Hanson CoR for drivers Hanson CoR

11 CoR – driver hours definitions
Refer to the operator’s own plan if they are accredited under “Advanced Fatigue Management – AFM” Definitions Work – time spent driving a regulated heavy vehicle and includes loading or unloading, inspecting or repairing the vehicle, Inspecting or attending to the load, Cleaning or refuelling, helping with or supervising any of the above, recording information or completing paperwork relating to vehicle operation, time spent training or supervising another driver, whilst in the vehicle. Rest Break – any continuous period of at least 15 minutes that does not involve work. Rest breaks can be taken at suitable locations on the job site, the driver’s base or at the side of the road, in the driver’s seat with the engine running for the driver’s comfort or where this is necessary to rotate the barrel, when queuing to load or unload Regulated Heavy Vehicle – a vehicle or combination of vehicles with a Gross Vehicle Mass (GVM) over 12 tonnes. Stationary Rest - rest time that the driver spends out of a heavy vehicle or in an approved sleeper berth of a stationary regulated heavy vehicle. Night Rest - 7 hours continuous stationary rest taken between 10 pm on a day and 8 am on the next day (using the time zone of the base of the driver) or 24 continuous hours stationary rest. A “long” hour -any hour worked in excess of 12 hours in a 24 hour period and a “night” hour is any hour worked between midnight and 6am (or the equivalent hours in the time zone of the base of a driver). AFM drivers must also be able to produce a Work Diary if more than 100 kilometres from their base and the truck must show an accreditation label. Hanson CoR for drivers Hanson CoR

12 CoR – BFM drivers hours Hanson CoR 8.2011
Under BFM a driver may work up to 14 hours in a 24 hour period. A driver operating under a BFM plan must be able to produce accreditation papers, and a Work Diary (if more than 100 kilometres from their base) as a record of work and rest hours. The truck should display an accreditation label. Hanson CoR for drivers Hanson CoR

13 CoR – Fitness for Duty Do not load any heavy truck, or drive any heavy truck if you are under the influence of drugs and/or alcohol. Contact your direct supervisor or manager and advise the situation. Refer to the Fitness for Duty policy – This would be a “for cause” reason to ask the driver to undergo drug and alcohol testing. Some prescriptions drugs have an adverse affect on your level of alertness and your ability to think clearly and make complex decisions, particularly when combined with even a moderate level of alcohol intake. Hanson CoR for drivers Hanson CoR

14 CoR – Mass & Dimension Do not cause or allow overloading of your truck. If a truck is overloaded the driver must partially discharge or tip enough material so that the load is within the legal limit for that vehicle. If a truck is over its mass limits the driver has to tip some load off – a docket or two dockets will not be issued for an over mass load. If a batching error occurs the driver has to partially discharge the load so that he leaves the yard within the legal mass limits. Hanson CoR for drivers Hanson CoR

15 CoR – Load Restraint Do not load any truck, or accept any load if your truck’s load restraint system appears unsafe or unsuitable for the proposed load, e.g. the tarping system appears damaged, inoperative or missing. Contact your direct supervisor or manager and advise the situation. As well as ensuring that vehicles are loaded to within the legal mass limits we also need to ensure that the vehicle is suitable for the load to be carried. Don’t load a truck if the load is not suitable for the vehicle. An example would be loading overly wet wash out material onto a tipper. Don’t load a truck if the tarp is damaged, torn, too short, or not operative. Dockets will not be issued if the driver refuses to tarp the load or the tarp can’t cover the load because of the height of the load above the gunnels. If you cannot close your tarp fully then you are in breach of load restraint and load dimension regulations. If you spill concrete then you are in breach of load restraint regulations. Hanson CoR for drivers Hanson CoR

16 CoR - Speeding Do not exceed speed limits.
Do not forego any required rest breaks. If your delivery docket or screen has a delivery time shown, then that time is the estimated time that you should arrive at the delivery site. It is not the latest time that you should arrive at the site. If for any reason you are delayed then inform the allocator or your supervisor of the delay so that he can advise the customer. Do not speed or forego rest breaks to meet the ETA. If drivers are delayed enroute to a delivery they should inform the allocator or scheduler so that the customer can be updated. The time shown on dockets is an ETA – not a promised time or an instruction to the driver that he MUST be there at that time. All drivers must comply with any speed restrictions and/or speed limits. All drivers must take any required rest breaks. Record all times – in plant, leave plant, on site, off site. Record kilometres to job – use the docket kms. This then proves your average speed whilst on road. It becomes a reasonable step defence. Hanson CoR for drivers Hanson CoR

17 CoR - signage SITE ENTRY NOTICE
All drivers must comply with Chain of Responsibility requirements: Fatigue Management Mass & Load Restraint Speed Compliance Dangerous Goods This sign is to be placed at entrance to quarries to give notice to all drivers that they are to comply with the CoR regulations. This applies to incoming deliveries, all outgoing loads, employees and contractors Hanson CoR for drivers Hanson CoR

18 CoR - signage NOTICE This Company reserves the right to refuse to load or unload any vehicle when – The driver appears fatigued Or the driver cannot produce any fatigue management plan Or the driver cannot produce any record of work/rest hours Or the driver appears to be under the influence of drugs and/or alcohol Or the vehicle’s load restraint system appears unsafe or unsuitable for the proposed load Or the vehicle is overloaded Drivers may be required to complete and sign a declaration that they are fit for duty, they are not fatigued and they are complying with all applicable work and rest requirements. This sign is to be placed on or in weighbridge offices and batch rooms to give notice to all drivers that the company reserves the right to refuse to load or unload trucks or trailers if they believe the driver to be fatigued, affected by drugs or alcohol, or that they believe the load restraint system is unsafe or unsuitable, or if they believe that the truck or trailer is overloaded, or the driver refuses to sign the driver’s declaration. The drivers declaration is aimed at external customers, or ex bin customers. It is not required to be signed by Hanson drivers. Accepting a load that is over mass or over dimensions is an offence under CoR regulations. Hanson CoR for drivers Hanson CoR

19 CoR – Checklist Hanson CoR 8.2011
Checklist to be displayed in batch rooms and weighbridge offices as a instant reference chart for employees. Hanson CoR for drivers Hanson CoR

20 Shared responsibility = same result for all
CoR Chain of responsibility affects everyone – we all need to work together. End of presentation. Questions? Ensure that the record of training is completed and signed by each participant. Shared responsibility = same result for all Hanson CoR for drivers Hanson CoR


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