Chain of Responsibility Update
As many of you may now be aware, our Principal Consultant in the COR space, Paul, has been working across various organisations and major infrastructure projects since we introduced him in the last edition of our newsletter. For anyone that missed it Click Here
Paul has been advising boards, operations and the safety function on how best to meet their obligations, prior to the legislation coming into play later this year. In particular, organisations within our client group have been quick on the take up as they look to safeguard and ensure they comply prior to the introduction. The Westconnex project is one example, as is Australia’s largest public transport project, Sydney Metro. A major T1 construction organisation, known for tackling safety differently is about to undergo a national audit of their business with Paul and his team.
What roles are captured in new CoR legislation? We’ll take a look at the job titles and their responsibilities. Let’s jump right in!
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!
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