Contractor SAFE Visions Conference 2019

1. Modern Contractor Management

2. A Bit of Levity
First……..
• https://www.facebook.com/bluelineathletics/vi
deos/773885506346830/?t=17

3. Heavy Vehicle
National Law
• Applies to employers who are involved in the
operation of heavy vehicles as an employer or
who engage contractors who operate heavy
vehicles
• Heavy vehicles > 4.5 GVM
• Fatigue regulated heavy vehicle > 12 GVM
• Regulates
• Vehicle standards
• Mass and dimension of loads
• Driver fatigue
• Intelligent access systems

4. COR Changes
2018
Overview
Chapter 1 – 26 C Safety Duties
• targeted at everyone involved in heavy vehicle transport but
only to the extent that they have control/ or real influence
• Purpose – to make sure drivers of heavy vehicles are not
encouraged, coerced or forced to engage in unsafe practices
which pose a risk to them or the public.
• Proactive – prevent risks associated with heavy vehicle
operations arising from your operations and matters over which
you have control
Who are the duties targeted at?
• Distributors of goods
• Transport operators (not drivers per se)
• Receivers of goods
• Decision makers (Officers)
• NOT DRIVERS

5. Reasonable
steps out
Reasonable
practicability
in
The expert nature of a contractor’s work and
“possible” lack of knowledge on the part of the
Principle Contractor about the risks associated
with that work, the cost and effort of directing an
independent contractor and the nature of a
contract between a Principle Contractor and its
contractor, which is one of independence in all
operational aspects of the contractor’s work are
matters which make it not reasonably practicable
for a PC to direct an independent contractor in its
safety arrangements Baiada v The Queen HC 2012

6. Where to
From Here

7. GET YOUR
OWN
BACKYARD IN
ORDER…..
• Have a good hard look at your operations
• Remove operations which result in drivers
(deliberate or systemic) engaging in unsafe acts.
• COR duties does not extend liability for
operations of others in the chain e.g. a freight
forwarder is not responsible for vehicle
maintenance or licensing of a contracted
transport operator.

8. Effective
Contractor
Management
– 4 Phases
1. Prequalify – 10%
2. Onboard – 50%
3. Performance Monitoring – 0 - 25%
4. Post Project Performance Review -25%

9. But there’s
more…….
“The current law does not reflect best practice,”
“It is onerous for industry, it is incredibly difficult
for the regulator to administer, it’s not truly
national, it’s overly prescriptive and it’s
complicated to navigate”.
SO THE HVNL IS TO BE REVIEWED!
To align it with WHS principles .. Performance vs
prescription
It is important that the AIHS is involved in this
process!

10. Contact
• Sue Bottrell
• Phone: 0431 975 286
• Email: info@contractorsafe.net.au