Purpose
Heavy Vehicle Fatigue Management is a legislative requirement for Company to ensure the management of drivers and ensure that they are not at risk or put others at risk due to fatigue. High-level risk management identifies Heavy Vehicle Fatigue Management as one of the key risks within the organisation and it is important to manage this issue not only for Company drivers but all drivers that Company engages in the conduct of Company work.
Scope
This policy applies to all heavy-vehicle operators who drive vehicles for Company including contractors, trainees, volunteers and clients.
Company Heavy Vehicle Fatigue Management Framework
The Heavy Vehicle Fatigue Management system exists alongside the business systems and aspects referred to within this document are managed by other procedures within the business system. Heavy Vehicle Fatigue Management in managed through
- Policy
- Employee Training
- Plannng and Rostering
- Incident reporting and investigation
- Record keeping
- Audit
Company Obligations
Company is committed to embedding a consistent and structured approach to Heavy Vehicle Fatigue Management. Company understands that both the organisation and individuals within the organisation have multiple responsibilities as the regulations cover our own employees working within Company‘s direct activities but they also cover delivery drivers and Company engaged third parties. The National Heavy Vehicle Regulation defines this as:
Influence = Responsibility = Legal Liability
Operator/manager/scheduler responsibilities
Specific Company responsibilities are defined through this procedure, however, the generic responsibilities under the National Heavy Vehicle Regulation ensure that all persons having parts to play in transport have the following responsibilities:
As an operator, manager, or scheduler of a business involved in road transport, your responsibilities also include ensuring that:
- rosters and schedules do not require drivers to exceed driving hours regulations or speed limits
- you keep records of your drivers’ activities, including work and rest times
- you take all reasonable steps to ensure drivers do not work while impaired by fatigue or drive in breach of their work or rest options
- vehicles are regularly maintained, and if speed limiters are fitted they are functioning properly
- vehicles are not loaded in a way which exceeds mass or dimension limits
- drivers moving freight containers have a valid Container Weight Declaration
- loads are appropriately restrained with appropriate restraint equipment (see the Company Load restraint guide for more information).
Consignor/consignee
As consignor or consignee, responsibilities include ensuring that:
- loads do not exceed vehicle mass or dimension limits
- goods carried on your behalf are able to be appropriately secured
- operators carrying freight containers have a valid Container Weight Declaration
Delivery requirements do not require or encourage drivers to:
- exceed the speed limits
- exceed regulated driving hours
- fail to meet the minimum rest requirements
- drive while impaired by fatigue.
Loading manager
Loading managers must ensure that loading a fatigue regulated heavy vehicle will not cause or contribute to the driver driving while impaired by fatigue or in contravention of road transport laws.
Loading manager responsibilities include:
- working with other off-road parties to make reasonable arrangements to manage loading/unloading time slots
- ensuring vehicles are loaded/unloaded as quickly and efficiently as possible
- putting systems in place for unexpected jobs – for example where there have been unexpected road delays.
Loader
Ensures a vehicle’s load:
- does not exceed vehicle mass or dimension limits
- does not cause the vehicle to exceed mass limits
- is placed in a way so it does not become unstable, move or fall off the vehicle.
Packer
Unreliable weight information makes it difficult for drivers to comply with the law. Packer responsibilities include ensuring:
- documentation about the vehicle’s load is not false or misleading
- any goods packed in a freight container do not cause the container’s gross weight or safety approval rating to be exceeded (also see Container Weight Declarations).
Driver
As a Driver, your responsibilities include making sure that you:
- comply with relevant fatigue management work and rest laws and procedures to implement them
- make sure you make the most of your rest breaks by sleeping in dark, quiet and comfortable places
- respond to changes in circumstances (such as delays) and report these to your supervisor (if possible) to implement short-term fatigue management measures
- are not suffering from Fatigue
The National Work Diary produced by the National Heavy Vehicle Regulator defines fatigue as:
- Feeling sleepy
- Feeling physically or mentally tired, weary or drowsy
- Feeling exhausted or lacking energy
- Behaving in a way consistent with any of the above.
Chief Executive Officer
- Ensure that a system exists for the Implementation, Review and Monitoring of this system,
- Prevent breaches of the National Regulations by ensuring Audits identify potential issues and rectification actions are put in place,
- Allocate the appropriate resources to train staff in their responsibilities and ensure the responsibilities are clearly stated in Position Descriptions,
- Where breaches are regularly occurring with delivery organisations providing a service to Company ensure that the CEO of that organisation is made aware of their responsibilities and where further non-compliance occurs seek an alternate provider or discuss options with the Department of Transport and Main Roads,
- Where breaches are identified within Company ensure that the Incident Report form is completed and the investigation is adequately conducted.
Heavy Vehicle Fatigue Management Record Keeper
- Maintain a list of Company Drivers that this system applies to and make this list available to the Training Coordinator and Team Leaders,
- Obtain copies from all drivers maintaining a National Driver Work Diary within 21 days of them completing an entry,
- Work with the operational team leaders to develop the roster of each of the drivers responsible for driving fatigue regulated vehicles,
- Review all National Driver Work Diaries of delivery drivers delivering to the works yard and arrange for Team Leaders to inspect and photograph the National Driver Work Diaries for delivery drivers delivering to remote work sites (where applicable),
- Alert the Team Leaders, Safety Officer or Senior Management of any breaches that become evident in the monitoring and collection of data by using the Company Incident Report form,
- Maintain the records for a period not less than 3 years from the date of the record being made.
Team Leaders/Safety Officer
- Ensure that staff receive adequate training in this system and fatigue management both at Induction and annually for personnel involved in this system,
- Ensure that drivers undergo the required medical examination to demonstrate that they are fit for duty. Examinations are to be conducted, as a minimum, once every three years for drivers aged 49 or under, and yearly for drivers aged 50 or over,
- Provide staff with the required time and mentoring to enable them to understand their requirements and prompt them when their rostering dictates that the National Driver Work Diary is required,
- Ensure that drivers have within their position descriptions the requirements for adhering to this system,
- Provide adequate provision within the daily tasks for work breaks and appropriate timing of these breaks so that the regulations can be met,
- Regularly discuss fatigue with drivers and make observations on their management of their fatigue,
- Manage drivers that have been identified as being fatigued, make the necessary arrangements to combat the fatigue and seek advice from Human Resources if leave is required,
- Provide supervision of loads and ensure overloading and appropriate securing of loads occurs,
- Obtain evidence (smartphone photographs) of National Driver Work Diary entries for deliveries to remote work sites and for Company drivers.
Training Coordinator
- Ensure personnel attain the following competencies identified in the training matrix;
- Identify any further training needs and ensure that these are delivered within the above programs
- Ensure records are kept on each person’s training file for the duration of their employment and archived for 7 years post their resignation from the organisation.
Internal Heavy Vehicle Fatigue Management
Driver Selection
Drivers need to be in a fit state for work when presenting for duty. Factors that can affect their well-being and capacity to work effectively include:
- a second job
- other driving
- recreational and sporting activities
- insufficient sleep, sleep disorders e.g. sleep apnoea
- stressful situations
- the consumption of alcohol, other drugs or medication
- obesity and heart disease
- diabetes
Employees also have a responsibility for their own health and safety by ensuring that they follow procedures.
Communication
Communication with Drivers responsible for complying with this system will commence with the allocation of the Driver to a vehicle covered by the National regulations. When this occurs and it is possible that the vehicle will be driven more than 100km from their base the driver will undergo the appropriate training.
Toolbox talks and pre-shift meetings provide an opportunity to identify potential issues with the roster and planning. All team leaders have an open door policy and can be contacted by mobile phone should a Driver require additional information or they need to report an issue. The Heavy Vehicle Fatigue Management Record Keeper will also be made available to explain the system and to assist with completion of the National Driver Work Diary.
Duties and Responsibilities of Drivers
Drivers are responsible for ensuring their own obligations are being met by;
Management of Fatigue
Maintain adequate sleep, rest, dietary requirements and fitness to ensure you are not fatigued when at work.
Notify your team leader if you fatigue is an issue at any point when at work or prior to attending work; (Note that Company‘s leave policy may apply if time away from work is required, the type of leave will depend on the circumstances)
National Driver Work Diary
- Obtain a work diary and Company will reimburse the cost (note that each work diary is registered to a driver at the Department of Main Roads and Transport and no one else can use your diary and no one else can purchase it on your behalf)
- Kept with you at work at all times
- Completed as per your training and the guidelines at the front of the National Drivers Work Diary
- Required breaks are taken at the appropriate time
- Completed as neatly as possible.
- Remove the Yellow copy and hand it to the Heavy Vehicle Fatigue Management Record Keeper at the end of each day that a record is made – note that the Bush crew must return the Yellow Copy to the record keeper within 21 days of making an entry
- Provide the Pink Copy to Police or Department of Main Roads and Transport Inspectors when requested to do so
- Never remove the original copy from the work diary.
Rostering
- Never exceed the driving times or go over the minimum break requirements;
- Review your roster with your team leader and discuss any potential issues;
Loading and driving
- Inspect your load and ensure that it meets weight and load restraint requirements
- Re-inspect the load at regular intervals to ensure that movement or wear and tear has not jeopardised the load restraint.
Record Keeping
When a National Driver Work Diary is not being used ensure that the Company time sheet is accurately completed to demonstrate compliance with the regulations.
Training
- Ensure that each year refresher training is attended
- Regularly review the information provided in
Reporting of Incidents
All traffic related incidents or non-conformance with the National Heavy Vehicle Fatigue Management regulations require an Incident Report to be completed.
Work and Rest Requirements
In addition to the general duty to not drive a fatigue regulated heavy vehicle on a road while fatigued, drivers must comply with certain maximum work and minimum rest limits. Parties in the supply chain have to take all reasonable steps to prevent the drivers from exceeding these limits. This is similar to occupational health and safety laws and means that drivers must be allowed to stop if they are at risk of exceeding the limits and make alternative arrangements.
The Heavy Vehicle National Law (HVNL) sets three work and rest options.
Standard hours (Company operate under this system)
Standard hours are the work and rest hours allowed in the HVNL for all drivers who are not operating under National Heavy Vehicle Accreditation Scheme (NHVAS) accreditation or an exemption. They are the maximum amount of work and minimum amount of rest possible that can be performed safely without additional safety countermeasures.
Basic Fatigue Management (Contractors and Delivery Drivers may operate under this system)
Those operating under NHVAS with Basic Fatigue Management (BFM) accreditation can operate under more flexible work and rest hours, allowing for (among other things) work of up to 14 hours in a 24-hour period. BFM gives operators a greater say in when drivers can work and rest, as long as the risks of driver fatigue are properly managed.
Advanced Fatigue Management (Contractors and Delivery Drivers may operate under this system)
Those operating under NHVAS with Advanced Fatigue Management (AFM) accreditation adopt a genuine risk management approach to managing heavy vehicle driver fatigue. Rather than prescribing work and rest hours, AFM offers more flexibility than standard hours or BFM in return for the operator demonstrating greater accountability for managing their drivers’ fatigue risks.
Company operate under the Standard Hours provision and as such the following rules apply
*Stationary rest time is the time a driver spends out of a heavy vehicle or in an approved sleeper berth of a stationary heavy vehicle.
#Night rest breaks are 7 continuous hours stationary rest time taken between the hours of 10 pm on a day and 8 am on the next day (using the time zone of the base of the driver) or a 24 continuous hours stationary rest break.
Trip Scheduling and Rostering
Trip scheduling is a key factor in managing fatigue. A heavy vehicle driver should only be required to drive reasonable distances, insufficient time with adequate provision for rest breaks. They should also be provided with adequate notice of a change of shifts (3 days).
Trip schedules should:
- take into account actual driver work times
- plan for adequate breaks
- provide the driver with an opportunity for an adequate rest and sleep
- recognise that drivers have other non-work related demands on their time and that these may reduce the time for sleep
- ensure opportunities for sleep take into account activities such as washing and bathing, eating meals and travelling to and from the depot (when travelling home for sleep).
- A trip schedule also needs to take into account delays and disruptions that may be encountered by truck drivers during a trip, and contingency plans should be factored in.
Driver rosters plan the pattern of work and rest periods. Rosters must:
- always be in accordance with the Standard Hours Management Plan for Company and the appropriate fatigue management plan for the non-Company Drivers
- maximise the opportunity for drivers to recover from the effects of fatigue
- consider changes to the regular sleep patterns of drivers.
Drivers must be given sufficient notice of changes from night and day shifts, to allow for sleep pattern differences. Work time in trip schedules needs to include rostered driving hours as well as additional time for work that is incidental to driving, i.e. servicing and maintaining the truck, loading, unloading and queuing.
Worker Training
Training and education will be provided so that all employees, contractors and managers understand the meaning of fatigue and have the knowledge and skills to practise effective fatigue management.
Training is structured and programmed to meet the training needs of the participants. The approach to driver education could include the following measures:
- ensure all people associated with the management, supervision and driving of commercial vehicles are provided with information on the regulations for driving commercial vehicles;
- provide induction training in fatigue management before drivers begin work;
- check drivers’ understanding of the requirements;
- provide drivers with information and instruction on risk factors affecting fitness for duty and control measures including the company’s approach to alcohol and other drugs in the workplace;
- ensure managers and supervisors understand how to establish safe systems of work, especially in relation to driver fatigue;
- provide supervision and ensure training participants understand and apply the driver fatigue training at work;
- provide all managers, supervisors and drivers with information on the fatigue management plan when it is revised;
- Provide training on the use and requirements for the National Driver Work Diary.
Record Keeping
Record keepers must keep a record of specific information for drivers of fatigue regulated heavy vehicles. A record keeper may be the:
- The employer, if the driver is employed – (Company – records will be maintained by the Heavy Vehicle Fatigue Management Record Keeper)
- accredited operator, if the driver is working under Basic Fatigue Management or Advanced Fatigue Management accreditation
- driver (as a self-employed or owner-driver).
For each driver the record keeper must keep:
- the driver’s name, licence number and contact details
- the dates fatigue regulated heavy vehicles were driven
- the registration number of the vehicle(s) driven
- the total of each driver’s work and rest times for each day and each week
- copies of duplicate work diary daily sheets (if applicable)
- driver’s rosters and trip schedules (including changeovers)
- driver time sheets and pay records
- any other information as required as a condition of an accreditation or exemption (such as driver training and health assessments).
Drivers must provide their record keeper with their relevant work and rest hours totals and any other relevant vehicle information the record keeper may not reasonably have access to (registration numbers, dates the driver worked, etc.).
The MICC record location is the Company works yard in Company.
All records must be:
- kept for three years after they are created
- kept at a location accessible to an authorised officer for audit or investigation purposes
- in a format that is readable and reasonably assumed it will be readable in at least three years from the date of its creation.
Compliance
Compliance to this system is mandatory and failure to do so may result in action being taken against , a driver, an employee or contractor by the Police or a Transport and Main Roads Inspector. As such all breaches of this system will be investigated by and disciplinary action or contractual breach may result. To determine the appropriate Company disciplinary action refers to the Company Performance and Misconduct Policy.
Documentation
- Risk Management AUS/NZS ISO 31000
- Risk Management System
- Risk Assessment Matrix
- Remote and Isolated Work Management Checklist
- National Work Diary
- Pre-start Heavy Vehicle Inspection Checklist
Legislation/References
- Work Health and Safety Act 2011
- Work Health and Safety Regulation 2011
- How to Manage Work Health and Safety Risks Code of Practice 2011
- Managing the Work Environment and Facilities Code of Practice 2011
- First Aid in the Workplace Code of Practice 2014
- Managing the Risks of Hazardous Chemicals in the Workplace Code of Practice 2013