Chain of Responsibility Update

New Chain of Responsibility (CoR) legislation is set to take effect in mid-2018. The aim with the new laws is to expand on current heavy vehicle safety legislation and improve the current levels of accountability across the supply chain.

But who exactly is captured in these CoR policies? Let’s take a look at the key party roles included in supply chain responsibility and what exactly their job entails.

New Chain of Responsibility (CoR) legislation is set to take effect in mid-2018.

Consignor: This can be someone who is:

        Named as ‘consignor’ on transport documentation

        Engaging a heavy vehicle’s operator (directly or indirectly)

        In possession of or control over the goods immediately before they are transported by road

        The person who loads or imports goods.

Prime Contractor: A person who engages someone to drive a heavy vehicle under a contract. For example, a logistics business that engages a subcontractor to transport goods. Transport Operator: A person who is responsible for controlling or directing the use of a heavy vehicle. One example is a manager of the business that has control over and/or directs where and when a heavy vehicle travels.

Driver: A driver of a heavy vehicle. This can include a person who is sharing the task of driving during the journey, driving under instruction or instructing a driver who is under instruction.

Registered Operator: The person recorded in the NSW registrable heavy vehicles register as the person responsible for the heavy vehicle.

Scheduler: Any person who schedules transport of goods or passengers by heavy vehicle, or the work and rest times of drivers. This may extend to include any person who dictates the scheduling (e.g. pick-up, delivery or transit time).

Packer: A person who:

        puts goods into packaging,

        assembles packaged goods into outer packaging (even if the packaging is already on a heavy vehicle),

        supervises/manages/controls such an activity.

Loader: A person who loads goods into a heavy vehicle or container or loads a container onto a heavy vehicle.

Loading Manager: A person who controls, manages or supervises (directly or indirectly) the loading or unloading of heavy vehicles at a regular loading/unloading premises, or is responsible for the operations of such premises.

Unloader: A person who unloads goods out of a heavy vehicle or container, or unloads a container from a heavy vehicle.

Consignee: A person named as ‘consignee’ on transport documentation, or who actually receives the goods after their road transport (but does not include a person who merely unloads the goods).

If you are tasked with loading things onto a heavy vehicle, your CoR responsibilities may change.

In addition to these roles, the following parties are likely to fall within the CoR, specifically during transport tasks throughout the supply chain formation:

        Prime Contractors

        Transport Operator/Subcontractors:

        Haulage company, road transport operator, owner drivers, crane operator

        Subcontractors:

        3PL, warehousing/distribution/staging services provider, logistics provider, freight forwarder

        Supplier/importer of plant/equipment/materials

        Waste/by-product recycling or disposal facility.

All parties are liable for the conduct of their employees, subcontractors and agents. Paul Endycott explains that with these changes Executive officers (directors and managers) will be required to apply due diligence to their Transport Task Executive officers may be held liable for any breaches committed by their corporation. These changes will also see an increase in penalties for individuals with corporate multipliers applying to corporations.

To learn more about how the legislation will affect you and your company, reach out to the Zenergy team today or read up on some of the details throughout our CoR blog series!