Chain of Responsibility Capability by Design October/November 2017 - - PowerPoint PPT Presentation
Chain of Responsibility Capability by Design October/November 2017 Overview Risk Management START FINISH Identifying and controlling Recommendations risk using principles of Unpack the ISO31000 recommendations to design solutions CoR
START FINISH
Summary of key changes to the HVNL in 2018 Identifying and controlling risk using principles of ISO31000 Introduction to the CoR tool and tips on how to get the most from it
Review Risk Management CoR Gap Assessment
Understanding the impact
Codes of Practice Unpack the recommendations to design solutions
Codes of Practice Recommendations
Chain of Responsibility (CoR) laws mean that any party in the chain who has the ability to control or influence over the transport activity is responsible for safety on the road.
Business Practices
System controls to identify and manage risks in transport activities Safety Duty
Parties in the Chain of Responsibility will be required to ensure safety
Reasonably Practicable
What was able to be done in the circumstances
Onus of Proof
Prosecution to prove beyond reasonable doubt what could have been done, what should have been done, and what wasn’t done
Vehicle Standards
Added to Speed, Fatigue, and Mass, Dimension and Loading as an obligation under CoR
Executive Officer
Must apply Due Diligence to ensure compliance with the safety duty
26C Primary duty - HVNL (1) Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle. Primary duty of care - Model WH&S Law (1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of— (a) workers engaged, or caused to be engaged by the person; and (b) workers whose activities in carrying out work are influenced or directed by the person; while the workers are at work in the business or undertaking. Subsection (2) extends that duty to include the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. 21 Duties of employers to employees – OH&S (Victoria) (1) An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health. Section 23 subsequently extends that duty to include persons other than employees are not exposed to risks to their health and safety.
26C Primary duty - HVNL (2) Without limiting subsection (1), each party must, so far as is reasonably practicable—(a) eliminate public risks and, to the extent that is not reasonably practicable to eliminate public risks, minimise the public risks … (b) party’s conduct … cause or encourage (driver to contravene, driver to exceed speed limit, another {incl. party in the COR} to contravene) Management of risks - Model WH&S Law A duty imposed on a person to ensure health and safety requires the person— (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable. 20 The concept of ensuring health and safety – OH&S (Victoria) (1) To avoid doubt, a duty imposed on a person by this Part or the regulations to ensure, so far as is reasonably practicable, health and safety requires the person— (a) to eliminate risks to health and safety so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to reduce those risks so far as is reasonably practicable.
26C Primary duty - HVNL (3) For subsection (2)(b), the party’s conduct includes, for example— (a) the party asking, directing or requiring another person to do, or not do, something; and (b) the party entering into a contract— (i) with another person for the other person to do, or not do, something; or (ii) that purports to annul, exclude, restrict or otherwise change the effect of this Law. No contracting out - Model WH&S Law A term of any agreement or contract that purports to exclude, limit or modify the operation of this Act or any duty owed under this Act or to transfer to another person any duty owed under this Act is void. 21 Duties of employers to employees – OH&S (Victoria) (3)(b) the duties of an employer under those subsections (1&2) extend to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control. Caltex Oil (Australia) Pty Ltd v Best (1990) 170 CLR 516; (1990) 65 ALJR 65
Common Systems
Manage safety risks across the entire business with same systems/practices
Integration
Create safety and compliance synergies across the supply chain with common approaches and strategies
Common Approach
Risk processes and frameworks that meet both Regulatory standards
Economy
Reduce costs by using the same processes and similar practices
Likelihood Harm Knowledge Solutions What is the likelihood
What is the degree of harm that could be caused? What do you know about the risk?
What are the ways to remove the risk? Are they feasible?
Cost
Costs of modifying are proportionate to the risk
Likelihood Description Historical – expected event intervals Probability Almost Certain Expected to occur, inevitable Daily / weekly More than 95% Likely Will occur in most circumstances, not surprised if it happens Monthly 51 – 95% Possible Might occur in some circumstances Every one to two years 11 – 50% Unlikely Could occur in some circumstances, surprised if it happens Every two to 10 years 2 – 10% Rare May occur but only in exceptional circumstances Every 10 to 100 years 0.1 – 1% Very Rare Theoretically plausible but not expected to occur More than every 100 years Less than 0.1%
Livestock
A supplementary RICP for loading, and for managing effluent
Master Code
about a risk, risk assessment, and risk controls
practicable
Forestry
A supplementary RICP focussed upon the unique risks of log restraint and transportation
Cranes
A supplementary RICP related to the risks associated with the movement and use of cranes in the road environment