19 February 2018

Chain of Responsibilityand farmers’

The idea behind CoR

Chain of Responsibility (CoR) laws mean that farmers are responsible for the control and influence they have over the safety of their transport activities.

Consignor Prime contractor Operator Driver Scheduler

PackerLoading ManagerLoaderUnloaderConsignee

The idea behind CoR

Primary producers play an important role in supporting safe, reliable road transport to all road users.

Primary producers have for almost a decade had the same specific legislative obligations for heavy vehicle safety as other parties in the chain.

Alignment with WHS laws

The common feature between the HVNL and WHS law include:

• An obligation to do what is reasonably able to be done to ensure the safety of transport activities.

• The requirement to avoid making requests and entering into contracts that will create safety risks or break the law.

Common SystemsManage safety risks across the entire business with same systems/practices

IntegrationCreate safety and compliance synergies across the supply chain withcommon approaches and strategies

Common ApproachRisk processes and frameworks that

meet both Regulatory standards

EconomyReduce costs by using the same processes and similar practices

Benefits of alignment

Reasonably practicable means something that is, or was at the time, reasonably able to be done to ensure the safety of transport activities, while taking into account and weighing up all relevant matters including:

Likelihood Harm Knowledge Solutions

What is the likelihood of the risk occurring? What is the

degree of harmthat could be

caused?

What do you know about the

risk?

What are the ways to remove

the risk? Are they feasible?

So far as reasonably practicable

Reasonably practicable means something that is, or was at the time, reasonably able to be done to ensure the safety of transport activities, while taking into account and weighing up all relevant matters including:

Cost

Whether the costs of modifying is grossly

disproportionate to the risk

So far as reasonably practicable

What are the practical impacts for farmers’?

Grain Growers scenarioWhen the farmers silo is full, the farmer phones their transporter to empty it and transport grain to market. This is a standing arrangement with the transporter who does the job when it is convenient to them. The farmer won’t be there when the grain is loaded. Would this comply with the changed law?

What are the practical impacts for farmers’?

Yes!Farmers don’t need to be there when their produce is being loaded provided they can be sure the goods will be ready and accessible on time, and that the driver will have all the information, equipment and assistance that is required.

What are the practical impacts for farmers’?

Farmers who meet existing heavy vehicle and WHS obligations are also likely to meet the changed law.The main focus for farmers is to make sure their requests don’t cause drivers to speed, or skip rest breaks.This is about setting realistic timeframes.

What are the practical impacts for farmers’?

Farmers need to keep taking the common sense approach they always have.Farmers are only responsible for what they can control or influence (the law won’t change this). What has changed is that the farmers will need to record and report known safety issues to their transporter.

Common mythsFarmers’ need to check the drivers work diary?

Farmers have no real ability to inspect work diaries.Farmers should only work with transporters who give them confidence they are managing fatigue effectively.If a farmer does notice a driver is tired, or complains about needing rest they should report it, take practical steps to allow the driver to rest, or use someone else.

Common mythsFarmers’ need to check if the driver is fatigued?

Farmers don’t need to assess driver’s fatigue, however if they notice a driver is tired, or complains about needing rest, they should refuse to load the vehicle, report the issue to the transporter, or use any other practical ways available to them to allow the driver to rest before taking goods away.

Common mythsFarmers’ need to check the vehicle’s maintenance records?

Farmers have no real ability to inspect vehicle maintenance records. Farmers should work with transporters who they are confident are maintaining there vehicles.

Common mythsFarmer’s need to inspect vehicles for roadworthiness?

Farmers are not required to physically inspect vehicles. However if farmers see something about the vehicle that they think makes it unsafe and there are practicable steps they could take to avoid using the vehicle until it is repaired they should report the issue to the transporter.

Common mythsFarmers’ need to check driver licences, registration, and insurance?

This responsibility sits with the transporter. Farmers should make this clear in their agreements whether they are verbal or written.

Common mythsFarmers’ are responsible if the driver speeds?

In most circumstances farmers don’t have control or influence over what happens when their goods leave their property.Farmers should negotiate with their transporters to arrive with enough time to load the vehicle, and drive to its destination legally and safely, factoring in unplanned delays.Farmers should not make requests that put pressure on drivers to speed.

Common mythsFarmers’ need make sure the transporters have a permit?

When farmers make arrangements for their goods to be transported, they should request that the transporter obtains all necessary permits.

Common mythsFarmers’ need to be there when the vehicle is loaded?

So long as farmers can be sure the goods will be safely accessible and the driver will have all the information, equipment and assistance required, the farmers don’t need to be present during loading.

Common mythsFarmers’ need to know how much their produce weighs?

Farmers should be able to advise the transporter of the weight of their produce with a reasonable degree of accuracy by some means of assessment.Farmers should take into account factors that impact the weight of the product being transported, such as humidity, or the type of feed that stock have eaten before loading.

Common mythsFarmers’ need to make sure the load is restrained?

If farmers (or their employees) load and restrain the goods themselves, they need to make sure the goods are loaded legally and safely (because the farmer or their employee are loaders in the chain).If a transporter is responsible for loading a farmer’s goods, the agreement with them should include a requirement that they load legally and safely.

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