Safety Laws require that every PCBU/Employer has a duty to ensure the safety of persons associated with their business – this applies to all of your transport activities and all of your activities on your sites and all actvtiies on the sites of  other parties.  MOSS provides solutions designed for your operational requirements and works for your on road, site and third party site requirements.

The responsibility to keep people safe, entails an obligation to eliminate or minimize potential harm or loss (risk) by doing all that is reasonably practicable to ensure the safe and legal transport of goods (CoR and Safety) and on site (Safety).

To comply with these laws it is vital the Directors and Managers have documented evidence i.e. (driver induction sign off and signed policies and procedures) etc that clearly demonstrates that ALL reasonable steps have been taken to minimize any risks associated with your operations on road and on site.

In the event of an incident where someone is hurt or killed by the Heavy Vehicle the Director would be expected to provide evidence that they have taken ALL reasonable steps to minimise risk in their business.

Court Cases – Personal Liability for No Systems

De Paoli Transport Pty Ltd

Giannopoulos Transport

Under the HVN Laws and the Safety Laws, the regulator can dictate how you have to run your business in the future.  This is known as an Enforceable Undertkaing.  The Regulator after one of a number of detections and fimes, can then investigate the buisness for confomrance to Primary Duty.

The investigation may find more eveidene of other breaches of HVN Law.  Whether  more evidence is found or not, the Regulator may ask for proof of business ystsems and controls.  Where a party cannot demonstrate  that the controls are in palce and working, the Regulator can seek an Enforcebale Undertaking.

An example below of the consequences of not having evidence of effecive controls:

 Lindsay Transport Pty Ltd where they are required to provide  six-monthly compliance reports to the NHVR, wiht a rectification cost estaimate of bwteen $590,000 and $750,000.

• Initiative 1 donate funds to a not-for-profit organisation or research/medical entity with a specific focus on heavy vehicle driver medicals.

• Initiative 2 engage an appropriate partner to design and develop a web-based driver education platform for the heavy vehicle industry that is to be made available to industry.

• Initiative 3 engage a suitably qualified and experienced expert, with particular expertise in relation to the issue of sleep in the heavy vehicle industry.

• Initiative 4 engage a suitably qualified and experienced expert to deliver a training program.

• Initiative 5 produce a video for use in the heavy vehicle industry covering:

  • general fitness and health issues for transport industry/heavy vehicle worker/drivers

  • fitness for work

  • managing fatigue

Built using the KISS principle, MOSS is designed to be simple to use whether for a driver or an owner.
As a whole of business approach to risk and controls, and integrated with the business controls, MOSS meets the business requirements for Chain of Responsibility.
Where the business has already invested in complex data capture systems, MOSS incorporates those systems into the business controls supported by MOSS.
MOSS provides relevant employment tools for onboarding drivers and enduring they meet requirements. Whether paperwork based or electronic versions of paperwork or effective electronic systems, MOSS works to incorporate these elements into MOSS.