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What is Chain of Responsibility

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He pleaded guilty to three counts under the Occupational Health and Safety Act 1985. ... Court on March 24 after pleading guilty to two Occupational Health and Safety ... – PowerPoint PPT presentation

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Title: What is Chain of Responsibility


1
What is Chain of Responsibility?
  • CoR aims to attribute legal accountability for
    transport safety to those who influence in the
    supply chain.
  • Just because you dont run or own the trucks does
    not mean you dont have responsibility under CoR.
  • If you have any influence on the carriage then
    you are part of the Chain of Responsibility
  • Carriers and their customers have a
    responsibility to the wider public in preventing
    dangerous commercial vehicles running on our
    roads.

2
CoR - Guiding Principles
3
InfluenceControlResponsibilityLiability
4
Corporate Liability
General Manager
Managing Director
Penalties
Manager
Supervisor/ Scheduler/ Load Manager
Sales / Loader / Receiver
Click box to see how you are affected !
5
Penalties
  • VICTORIAN WORKCOVER AUTHORITY
  • Case 1
  • Company Director will Live with shame after
    fatal smash
  • A County Court Judge has told a company director
    he would have to live with the shame of failing
    to ensure a truck which killed a motorist had
    effective brakes.
  • In sentencing 59-year-old South Gippsland man
    Lance William Jobling, Judge Leo Hart said the
    May 2002 crash on the West Gate Freeway off ramp
    had left Jobling in dire financial circumstances,
    on medication and with post traumatic stress
    disorder.
  • Mr Jobling was convicted and fined 20,000 and
    ordered to undertake 200 hours of unpaid
    community work.
  • He pleaded guilty to three counts under the
    Occupational Health and Safety Act 1985.
  • Company directors have clear responsibilities
    under the Occupational Health and Safety Act, as
    do employers. They must ensure they fulfil their
    obligations and act on information they have
    concerning safety.
  • In terms of the transport industry, this is the
    second major prosecution in as many months."
  •  
  • With a criminal record he could no longer hold a
    position as Director

6
Penalties
  • Case 2
  • Canberra Transport company, Allbulk Landscaping
    Supplies Pty Ltd, was convicted and fined a total
    of 130,000 at the Shepparton County Court on
    March 24 after pleading guilty to two
    Occupational Health and Safety Act charges after
    a crash near Cobram killed four people
  • The trucks driver was gaoled, but the company
    was charged as it required the driver to work
    excessive hours without adequate breaks.
  • "Our message to these people is that they will be
    held accountable in the event of a serious safety
    incident or when they are visited by WorkSafe
  • "While most in the industry are striving to meet
    their legal and moral obligations some do not
  • "Failing to ensure trucks are properly maintained
    puts drivers and other members of the public at
    risk. If you cannot carry out this basic task,
    you should not let your vehicles on the road
  • Case 3
  • Melbourne based transport company currently
    facing 400,000 fines for CoR Mass breaches,
    the case continues
  • (Home)

7
Scheduler
  • Responsibilities (Directed, Implied or inferred)
  • Legal rosters schedules
  • Systems for legal loading
  • Appropriate restraining equipment supplied
  • Record keeping
  • Maintain compliance (safety law)
  • Auditable system for legal hours speed (metro
    or country)
  • Information, instructions training
  • Systems for vehicle maintenance
  • (Home)

8
Consignor/Receiver
  • Responsibilities (Directed, Implied or inferred)
  • Meet legal driving hours sped
  • Do not exceed vehicle capacity LWH Mass
  • Reasonable steps
  • To prevent the breach
  • Predict the breach
  • Maintain compliance (safety law)
  • Ensure commercial arrangements comply
  • Avoid reward arrangements that encourage
    non-compliance
  • Ensure provider complies
  • Checks codes of practice
  • (Home)

9
Loader/Packer/Picker
  • Responsibilities
  • Does not exceed mass dimension limits
  • Is loaded in a stable secure position
  • Documentation
  • Accurate, Not misleading, Omissions free
  • Container/Pallet/Roll Cage
  • Packed to specified mass, volume limits
  • Requirements
  • Auditable compliance (safety law)
  • Loading diagrams / vehicle type
  • Compliance with codes of practice
  • Equipment suitability
  • (Home)
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