58328 – Activity 4Chain of responsibility in the Heavy Vehicle

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of responsibility in the Vehicle National Law1. What are the five (5) principal obligations imposed by the Vehicle National Law and regulations (HVNL)?123452. For each of the obligations listed above, provide a brief explanation.123453. What is the primary duty of all parties in the chain of responsibility? Explain this section of the law in your own words.For the following five questions, do not copy and paste from the law. Instead, write a brief explanation of each duty. Describe what would constitute a breach of each duty. If you wish, you may include a citation or a link to help illustrate your example, but this is not compulsory.4. Name five (5) of the duties of drivers (including owner-drivers) under the HVNL. Describe what would constitute a breach of each duty.DUTY EXAMPLE OF BREACH5. Name five (5) of the duties of consignors and consignees under the HVNL. Describe what would constitute a breach of each duty.DUTY EXAMPLE OF BREACH6. Name five (5) of the duties of schedulers under the HVNL. Describe what would constitute a breach of each duty.DUTY EXAMPLE OF BREACH7. Name five (5) of the duties of employers, prime contractors and operators under the HVNL. Describe what would constitute a breach of each duty.DUTY EXAMPLE OF BREACHPrime contractors must hire their subcontractors on terms that allow the subcontractors to meet their obligations Prime contractor’s standard contract with subcontractors imposes conflicting duties (such as KPIs that are impossible to meet without skipping safety)8. Name five (5) of the duties of loaders, packers and loading managers under the HVNL. Describe what would constitute a breach of each duty.DUTY EXAMPLE OF BREACH9. What is the maximum penalty under the HVNL if an individual does something that exposes another individual to a risk of serious injury, illness or death, and is reckless (doesn’t care) about the risk (a Category 1 offence)?10. What is the maximum penalty under the HVNL if a corporation does something that exposes another individual to a risk of serious injury, illness or death, and is reckless (doesn’t care) about the risk (a Category 1 offence)?11. What is the maximum penalty under the HVNL if an individual does something that exposes another individual (or a of people) to a risk of serious illness, injury, or death (a Category 2 offence)?12. What is the maximum penalty under the HVNL if a corporation does something that exposes another individual (or a of people) to a risk of serious illness, injury, or death (a Category 2 offence)?13. What is the maximum penalty under the HVNL if an individual contravenes (breaks) their primary duty, even if nothing bad necessarily happens (a Category 3 offence)?14. What is the maximum penalty under the HVNL if a corporation contravenes (breaks) their primary duty, even if nothing bad necessarily happens (a Category 3 offence)?Activity 5‘Reasonable steps’, new standard, and current defences1. Under the pre-October-2018 version of the HVNL, there was a ‘reasonable steps’ defence in cases of breaches. An accused party could get out of a penalty (fully or partially) if they did everything they could have done to prevent the breach.For each of the roles outlined below, give five (5) examples of how someone in that role could have demonstrated that they had taken all reasonable steps to prevent a breach occurring.ROLE/S REASONABLE STEPSOperator/manager/schedulerConsignor/consigneeLoading manager/loader/packerDriver/owner-driver2. The ‘reasonable steps’ defence has been removed from the law as of October 2018. There are five other main defences left. List and briefly explain each one. You do not need to cite which section it’s from.HINT: look at s627-631 of the HVNL.NAME OF DEFENCE BRIEF EXPLANATION3. ‘Reasonable steps’ was often talked about as a standard of compliance. Now, parties in the chain of responsibility have to do everything ‘reasonably practicable’ to fulfil a duty.Describe the difference between the two, in your own words.Activity 6Chain of responsibility in practice1. Describe five (5) different requirements and methods, under the HVNL, for limiting speed.HINT: revise pages 25-28 of the extra reading material.EXAMPLE: Requirement: Employers must not send drivers on jobs where it would be impossible for them to meet the deadlines without speeding. Method: Employer must establish and enforce an effective scheduling policy.REQUIREMENT METHOD2. Describe five (5) different requirements and methods, under the HVNL, for managing driver fatigue.HINT: look at Chapter 6 of the HVNL.EXAMPLE: Requirement: Drivers must not drive if they are fatigued. Method: Drivers must follow fatigue processes including (but not limited to) fatigue self-assessment checklists.REQUIREMENT METHOD3. The HVNL and regulations say that loads must be secured so that it is unlikely to fall or be dislodged from the vehicle. The methods for restraining loads are outlined in the Load Restraint Guide published by the National Transport Commission.According to the Load Restraint Guide 2018, what are the ten (10) key elements of a load restraint system?123456789104. What are the performance standards in place for effective load restraint? In other words, what do we want effective load restraint to do?5. Describe the ‘tie-down’ method of load restraint in your own words.HINT: review page 23 of the Load Restraint Guide.6. What kinds of loads are unsuitable for tie-down restraint? Give at least two (2) examples. Your examples should include a description of the contents of the load.HINT: review page 23 of the Load Restraint Guide.7. Describe the ‘direct restraint’ method in your own words.HINT: review page 27 of the Load Restraint Guide.8. Describe the term ‘restraint and containment’.Activity 7Chain of responsibility – background knowledge1. What must you do if you notice a possible breach of the chain of responsibility rules?NB: If you’re currently working in logistics, this may vary depending on the induction you had at your workplace.Describe two (2) actions, in your own words.122. Other than financial penalties, what are the potential legal and regulatory consequences of non-compliance with the chain of responsibility rules?Name and describe three (3) things that can happen.HINT: Look at ‘What are the penalties and consequences?’ in your learning materials.1233. Name three industry bodies or specialist companies you can consult to find information about chain of responsibilities. Copy and paste their website URLs. Describe the information they offer.ORGANISATION URL INFORMATIONBefore October 2018, the Vehicle National Law mentioned ‘extended liability’. Under extended liability provisions, certain parties could be held liable for breaches, even if they weren’t “a person” mentioned in the law.HINT: Revise page 13 of the extra reading material. Remember, we’re talking about the old law. If you haven’t already, look at the copy of the law marked ‘(OLD)’ on the LMS.4. Under extended liability, who (other than the driver) could be held liable for a breach of mass requirements?12345675. Under extended liability, who (other than the driver) could be held liable for a speeding offence?1236. Under extended liability, who (other than the driver) could be held liable for a breach of the work diary requirements?12347. What has replaced the extended liability provisions, as of October 2018?8. Which section of the law now describes how executives of transport companies have personal duties for the responsibilities of the whole company? HINT: Vehicle National Law Act (CURRENT) Part 1A.2 Nature of DutyActivity 15Dimension and load limit calculation questionsBackgroundFor the following questions, you will be calculating limits for a common 2 axle rigid truck; a light delivery vehicle.Source: NHVRVehicle dimensions:Max Load: 15 tonnesGeneral Mass Limit: 12.5 metresPallet size: 1.165m²Sources: NHVR/UnknownWhen Loading this type of vehicle, access is usually from the rear. The truck can be loaded with a forklift, a manual pallet jack or a powered pallet jack. (both pictured above). To load this vehicle a loading dock and bridge is required (as pictured above). This vehicle has solid walls (side of the vehicle) and lockable gates at the rear.To maintain safety standards and work within the Chain of Responsibility regulations, A load plan must be developed for palletised freight. In most operations, these types of trucks are used for the distribution of smaller loads to a number of customers on a delivery route. This is known as a ‘milk run’ where the vehicle is loaded at a warehouse or Distribution Centre. These trucks are loaded in the reverse order of delivery if possible, to facilitate easier unloading on route. This is known as (FILO) which stands for ‘first in, last out’. This means that the first load into the truck and is the last load out of the truck. The truck also by law needs to have the heaviest part of the load against the head board or the front of the truck loading area. This is to stop loads from being able to move forward and crushing lighter packages when the truck is braking, especially in emergency situations. We also need to maintain balance as much as possible to reduce the risk of the load moving and to maintain vehicle stability. This can sometimes cause a in the loading of the vehicle because it doesn’t not always work out that the heaviest cartons are the last product on the milk run, so adjustments are required on route.For this truck making various deliveries, itemise what loads would go onto which pallet using the following drawing as a guide. This drawing represents the loading surface of a truck and squares represent the pallets loaded onto the pallets.Example:Load configuration:• 6 x 1.5 tonnes• 2 x 3.0 tonnes• 4 x .25 tonnes0.25 0.25 1.5 1.5 1.5 30.25 0.25 1.5 1.5 1.5 3- – – – – – -1. Please place the following load onto the appropriate pallets in the truck. Weights listed include the weight of the pallet.Load Configuration:• 1 x 1.25 tonnes• 2 X 1.5 tonnes• 7 x 0.8 tonnes• 4 x 1.6 tonnesRear Front2. What is the total weight of the load in tonnes?3. Can this load physically fit in to this truck?4. Can this load legally be transported in this truck?5. Is this type of load restrained or contained?Sources: NHVR/UnknownThe maximum allowable load for this vehicle is 39 tonnes, which is the maximum weight that vehicle can carry including its own weight. The CML stands for Concessional Mass Limits and allows for road transporters to load 1 additional tonne to vehicles under regulated and permitted circumstances. The HML stands for Higher Mass limits allows for additional weight to be loaded under very strict permitted conditions.Given the dimension of this truck and considering that the vehicle has ‘Tautliner curtain’ sides as pictured above, please answer the following questions:6. What is the maximum legal length of this type of vehicle – GML?7. What is the maximum Load weight of the vehicle – please list the GVM, GCM of the vehicle?8. What is the maximum load weight per ‘tandem axle weight’ for this type of vehicle?9. Is the load of this vehicle restrained or contained?10. What type of restraints would be appropriate for this truck, given the load is 38 x 1 tonne pallets of bricks?Activity 16CoR Communication PlanningScenarioA B-Double semi-trailer has just arrived on site to be unloaded and is scheduled to pick up a back-load from your facility. On one-side of the loading bay is a turning bay for long heavy vehicles to use for turning space. The area at the moment is partially blocked off because of maintenance workers are painting lines on the concrete. These are short term contractors (Casey and Ahmed) hired for 3 days work performing line marking duties on the concrete. The driver (Zlatkov) drives into the loading bay at approx. 30 kms/ hour which is twice the legal speed limit in the facility, and very nearly drives over the barrier and the wet paint, causing the two contract painters to drop their equipment and run out of the way. The driver parks the vehicle in the unloading bay and gets out of his vehicle. The driver is unsteady on his feet and yells at the forklift driver (Rana) to hurry up and unload and reload his vehicle, because he needs to get back on the road asap. He tells another employee (Vitaly), that is standing nearby that he has just driven for 14 hours straight using the back roads to avoid the cameras and is in need of a quick feed and to use the men’s room and facilities and asks where they are. Vitaly is the loading dock and reports directly to the Warehouse Manager. When the truck driver has been told about the facilities, he then again yells and abuses Rana and tells her he is in a hurry. The truck driver who works for a large transport company then goes to leave the scene to use the facilities, but as he does, he once again screams at Rana that he will not be long and the load better be ready for him when he returns. Vitaly reports to the warehouse manager (Peter) that there is a CoR breach and that he has just witnessed Rana being abused and assaulted. Vitaly has taken Rana with him to remove her form harms way in the loading yard, and to get her out of the way of the abusive driver. Peter immediately asks Rana to go to his office for her protection and notifies security, the police, the NHVR and the driver’s company. He seeks advice form the authorities, impounds the vehicle, takes the keys from the truck ignition and consults with onsite security whilst he waits for the driver to return. He also asks the painters to cease work for the time being and go and wait for him in his office, for their immediate protection.Student InstructionsIn this question, you are asked to record a summary of the actions and communications required by the various stakeholders. Obviously, this is a bad situation on a number of fronts. These being:• The Chain of Responsibility law has been broken and there are personal and commercial entity liabilities to be faced• An employee (Rana) has been personally abused and verbally assaulted which is against the law, and there are legal means to address this• There has been a near miss accident with the painters• The receiving company has rights and responsibilities under the Workplace Health & Safety and Chain of Responsibility laws, and the management need to address this to protect their staff and the company from further liability• The driver of the vehicle is a liability to himself, his company, other staff members and public and other road usersStudents are to complete this form as to the reporting actions required to safely and legally deal with this scenario. Keep the answers brief and concise. Students are not required to answer these questions in italics, but make sure you cover this information in the table provided. These points indicate the type of information required. Use this list as a guide and add your own thoughts as well.• Is the required communication required immediately?• To whom do Rana and Vitaly need to communicate?• Does the time, date and location of the incident need to be recorded?• Do photographs need to be taken as evidence?• What authorities need to be contacted?• Does advice need to be sought from anyone?• Do Rana and Vitaly take things into their own hands or do they need to report this occurrence?• Who are the relevant stakeholders in this situation?Assessment Table: Students are to complete this table with the basic information required. Sentences and long explanations are not to be used. Simple answers are required. Bullet points should not be used because they take up too much space within the cells.Explanation:• You need to identify who these people are from the Case Study• What are their responsibilities under the CoR, and to whom do they need to communicate and report what details?Example: Who: Loading Dock (Vitaly) reports abuse, CoR breach to Warehouse Manager. Needs to record time of incident and what happened in a report, but immediately needs to protect himself and RanaCommunication Plan Guidance answers – you may use these for guidance but please do not just copy & paste. You may have others that you wish to use as well.Who are the people listed in the Case Study?Identify the people in the case study by their position in the above heading Identify the people in the case study by their position in the above headingWho do people communicate with? Does the forklift driver and the Loading Dock contact the police and the NHVR or is that another person’s responsibility?What are their responsibilities under the Chain of Responsibility Act?Briefly describe the individual’s responsibilities under the CoR regulations. Identify who calls who, what do they report and who has the responsibility to manage the situation and then perform an investigationWhat do they need to communicate to their managers and / or authorities? What details need to be recorded? What information do they need to pass on to the management and / or authorities?Why do they need to communicate to their manager and / or the Authorities?Where do they need to communicate? In the office, over the phone, in the loading bay etc…..When do they need to communicate? Immediately, when the situation is over and it is safe to do so, the next day, that afternoonHow do they need to communicate? What equipment or process do they use? Mobile phone, face to face, text, email, Social MediaCommunication Plan Loading Dock Managers Contractors Employees External AuthoritiesWho are the people listed in the Case Study?Who do these people need to communicate with?What are their responsibilities under the Chain of Responsibility Act?What do they need to communicate to their managers and / or authorities? What details need to be recorded?What equipment or process do they use?Why do they need to communicate to their manager and / or the Authorities?Where do they need to communicate?When do they need to communicate?How do they need to communicate?END OF ASSESSMENT

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