Rolling Thun­der to roll along the chain

Australian Transport News - - Contents -

An Op­er­a­tion Rolling Thun­der-like blitz on ter­mi­nal and DC of­fices fore­seen

AN OP­ER­A­TION Rolling Thun­der-like blitz rolling into ter­mi­nal and dis­tri­bu­tion cen­tre of­fices will be al­most cer­tain af­ter De­cem­ber 10, ac­cord­ing to Damian He­garty, a part­ner at law firm DFW (Aus­tralia).

That is the date which the ‘Chap­ter 1A Safety Du­ties’ of the Heavy Ve­hi­cle Na­tional Law and Other Leg­is­la­tion

Amend­ment Act 2016 (HVNL) are due to au­to­mat­i­cally come into force, af­ter be­ing post­poned in Oc­to­ber 2017.

The amend­ments, which bring the HVNL into line with the work­place health and safety laws, in­clude in­tro­duc­ing a pos­i­tive duty on all par­ties in the chain of re­spon­si­bil­ity to en­sure safety of trans­port ac­tiv­i­ties and im­poses an obli­ga­tion of due dili­gence on ex­ec­u­tives to en­sure com­pli­ance with safety du­ties.

He­garty says that where ‘Op­er­a­tion Rolling Thun­der’ was fo­cused on driv­ers of heavy ve­hi­cles, a sim­i­lar op­er­a­tion could be ex­pected for De­cem­ber, though this one would fo­cus on ‘up­stream duty hold­ers’, such as those in the man­u­fac­tur­ing, min­ing, re­tail and con­struc­tion in­dus­tries.

In ad­di­tion to those con­sid­ered to be ‘up­stream duty hold­ers’, all par­tic­i­pants in the sup­ply chain nat­u­rally in­clude those in the trans­port in­dus­try who are: sched­ulers, load­ing man­agers, load­ers and pack­ers, and un­load­ers.

“In op­er­a­tions such as ‘Op­er­a­tion Rolling Thun­der’, which adopt a multi-agency, cross-ju­ris­dic­tional ap­proach, it will be im­por­tant to un­der­stand whether an of­fi­cer has re­ceived au­tho­ri­sa­tion to ex­er­cise the com­pul­sive pow­ers and are ex­er­cis­ing them ap­pro­pri­ately,” He­garty says.

“This will pro­vide an in­di­vid­ual with pro­tec­tion against the Reg­u­la­tor us­ing any in­crim­i­nat­ing in­for­ma­tion pro­vided, against the in­di­vid­ual.”

He ad­vises sup­ply chain par­tic­i­pants to en­sure they are able demon­strate what mea­sures are in place to pre­vent HVNL breaches oc­cur­ring, and what­ever was “rea­son­ably prac­ti­ca­ble” was done to pre­vent the con­tra­ven­tion.

In the months be­fore De­cem­ber, they should re­view their poli­cies and pro­ce­dures, to en­sure they do not in any way in­cen­tivise an­other party to breach any HNVL pro­vi­sion.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.