CHANGES to heavy vehicle chain of responsibility laws that come into force on October 1 should not put unnecessarily onerous conditions on farmers, according to Grain Producers SA chairperson Wade Dabinett.
The changes align chain of responsibility laws more closely with workplace health and safety laws.
“Like any regulatory change, there’s going to be a period of education,” Mr Dabinett said.
“But, on-farm it shouldn’t mean any drastic changes.
“It’s steps that most farmers do anyway, like making sure vehicles aren’t overloaded and drivers are fit enough to be able to perform their tasks properly.
“The changes are just about looking at ways to mitigate risk, which is no different to anything else we deal with on-farm to ensure work health and safety.”
Mr Dabinett said the changes would help the farming sector meet community and industry expectations on safety.
“Everyone who works on a farm has the right to return home safely,” he said.
“We want everyone to be safe, whether they’re on the farm or sharing a road with a heavy vehicle.”
National Heavy Vechicle Regulator chain of responsibility manager Kym Farquharson-Jones said the changes recognised that everyone in the supply chain had a role to play in heavy vehicle safety.
“Primary producers play an important role in supporting safe, reliable road transport to all road users, particularly heavy vehicles,” she said.
“Because they are part of the heavy vehicle supply chain, primary producers have, for almost a decade, had the same legislative obligations for heavy vehicle safety as other parties in the chain. These obligations are commonly referred to as the chain of responsibility.
“Amendments to the chain of responsibility laws coming later this year will align the existing laws more closely with workplace health and safety provisions.
“This means that all parties in the chain, including primary producers, must proactively reduce risks related to the safety of heavy vehicle transport tasks. Under present chain of responsibility laws primary producers may be responsible for breaches by drivers once they are detected.
“Although the laws will change, they will still only apply to activities that a person or business has responsibility for and could influence. In other words no one will be liable for breaches they cannot control.”
For primary producers who contract transport services to another operator, some relevant areas of responsibility may include:
- Avoid requests, instructions, requirements or demands that may influence the driver to speed or drive while fatigued — whether written in a contract or made verbally.
- Ensure stock or loads are ready to load on time so that a driver is not unduly delayed and pressured to speed or exceed fatigue hours.
- Ensure safe access, while on your property, for the heavy vehicles and advise drivers of any relevant local knowledge.
- Ensure you consult with your transporter and other parties in the chain when setting timeframes for pick-up and delivery.
- Use operators that provide safe and compliant transport activities. Consult providers to ensure any safety risks are understood and steps are taken to mitigate those risks.
For primary producers who own and/or operate their own heavy vehicle the most relevant areas of responsibility include:
- What and how much is loaded onto the vehicle, how the weight is distributed and how the load is restrained.
- That the vehicle is fit for purpose, mechanically safe and legally able to be used on a road.
- That the driver, who may be the farmer, is not tired and doesn’t work longer than they are allowed by the law.
- That farmer understand the safety risks that their activities pose to the transport task—including packing goods for transport, scheduling travel and delivery times, and the impacts of delays in loading and unloading trucks.
- Avoid requests, instructions, requirements or demands that may influence the driver to speed or drive while fatigued — whether written in a contract or made verbally.
A common question the National Heavy Vehicle Regulator has received on the chain of responsibility changes is whether farmers who contract a heavy vehicle operator need to check a vehicle’s maintenance records or inspect vehicles for roadworthiness. The answer is no, farmers are not required to physically inspect vehicles. But, if a farmer see something about the vehicle that they think makes it unsafe, they should report the issue to the transporter.
