MODULE ONE

FATIGUE MANAGEMENT

LEGISLATION AND

REGULATIONS

TLIF2010 APPLY FATIGUE MANAGEMENT STRATEGIES

1.1 INTRODUCTION

These materials are based on the unit of competency

TLIF2010: Apply Fatigue Management Strategies.

They cover the skills and knowledge required to apply

fatigue management strategies in accordance with

legislative and regulatory requirements and include:

•Identifying and acting upon signs of fatigue.

•Implementing appropriate strategies to minimise

fatigue during work activities.

1.1 INTRODUCTION

The modules include:

•Fatigue management legislation

and regulations.

•Causes and signs of fatigue.

•Fatigue management

strategies.

1.1 INTRODUCTION

It is relevant to:

•Workers.

•Employers/PCB

Us.

•Self employed.

•Contractors.

1.1 INTRODUCTION

When licensing or

certification requirements do

not apply, this unit is

specifically relevant to drivers

under the:

•Basic Fatigue Management

scheme.

•Advanced Fatigue

Management scheme.

1.1.1 FATIGUE

Fatigue is defined as the increasing difficulty

in performing mental and physical activities

as a consequence of inadequate restorative

sleep.

It describes the feeling of being:

•Tired.

•Drained.

•Exhausted.

•Weary.

•Of low energy.

•Weak.

1.1.1 FATIGUE

Fatigue is an acute or

ongoing state of tiredness

that builds up, leading to a

progressive loss of alertness

that ultimately ends in sleep

and is a major contributing

factor in many accidents.

It affects employee/workers

performance, safety and

health and requires rest or

sleep for recovery.

1.2 LEGISLATION, REGULATIONS AND CODES

As a driver/operator, you need to understand

and work within the relevant fatigue

management legislation, regulations and

codes. These are all covered in your

organisation’s compliance documentation.

1.2.1 WORKPLACE COMPLIANCE DOCUMENTATION

These may include:

•Regulations and codes of the federal

government and the state/territory regulatory

authorities concerning fatigue management.

•State/territory road rules.

•Rail industry safe working codes and

regulations (where applicable).

•State/territory permit regulations and

requirements.

•State/territory OHS/WHS legislation.

1.2.1 WORKPLACE COMPLIANCE DOCUMENTATION

During your site induction or workplace

orientation you will be told where to find the

documentation about legislation, regulations and

codes relevant to your workplace and duties.

You will also be provided with the details of

workplace policies and procedures related to

fatigue management and the control of factors

that can contribute to fatigue and related

accidents.

1.2.2 FATIGUE MANAGEMENT LEGISLATION

The aim of fatigue

management laws is to:

•Minimise the risk of

driver/operator fatigue.

•Make workplaces safer

for everyone.

1.2.2 FATIGUE MANAGEMENT LEGISLATION

As a driver/operator you need to

understand that:

•You are part of a ‘safety system’.

•You operate within this context.

•Your actions contribute to the system

working and may influence things that

do not directly involve you.

It is up to you to do your part, and make

sure people you work with do theirs.

1.2.3 KEY ELEMENTS OF FATIGUE MANAGEMENT LEGISLATION

The key elements of Fatigue Management

Legislation as it relates to workplace policies

and procedures include:

•Definition of fatigue.

•Accreditation schemes.

•Chain of responsibility.

•Categorisation of offences by level of risk.

•Strengthened record keeping.

•New, enforcement powers for authorities

with enhanced options.

1.2.3.1 DEFINITION OF FATIGUE

Fatigue is defined in the

legislation, including:

•A technical definition

for fatigue.

•Guidelines for

managing fatigue.

1.2.3.2 ACCREDITATION SCHEMES

Basic Fatigue Management (BFM) or

Advanced Fatigue Management

(AFM), with variable levels of

flexibility in return for increased

fatigue management and compliance

responsibilities on drivers/operators.

To provide reward for those in the

industry who contribute effort in

management of fatigue.

This covers accreditation schemes under which workplaces can apply

to operate, that is:

1.2.3.3 CHAIN OF RESPONSIBILITY

This involves chain of responsibility

provisions extending to parties in the

supply chain including:

•Drivers.

•Operators.

•Employers/PCBUs.

•Directors and senior managers.

•Loaders.

•Schedulers.

•Consignors/senders.

•Consignees/receivers.

1.2.3.4 CATEGORISATION OF OFFENCES BY LEVEL OF RISK

Offences are categorised

under Fatigue Management

Legislation by level of risk,

including:

Grouping and rating of offences.

Offences that are:

Minor risk.

Substantial risk.

Severe risk.

Critical risk.

1.2.3.5 STRENGTHENED RECORD KEEPING

This applies to record

keeping that is across the

supply chain, and

includes work diary and

back office

documentation.

1.2.3.6 NEW, ENFORCEMENT POWERS FOR AUTHORITIES WITH ENHANCED OPTIONS

These include:

•Cease driving.

•Penalties that are higher, yet fairer.

1.2.4 KEY MESSAGES FOR DRIVERS/OPERATORS

The key messages in the

legislation specifically for

drivers/operators

include:

•General duty to manage

fatigue.

•Fitness for duty.

•Hours of rest and work.

•Record keeping.

1.2.4.1 GENERAL DUTY TO MANAGE FATIGUE

This means you have a

general duty to manage

fatigue, e.g. the legislation

says, ‘A person must not

drive a regulated heavy

vehicle on a road while he or

she is impaired by fatigue’.

The penalty for breaching

your general duty is a severe

risk penalty.

1.2.4.2 FITNESS FOR DUTY Your fitness for duty covers:

The concept of ‘not being impaired’

for the purposes of work by:

Drugs.

Alcohol.

Fatigue.

The importance of overall health

and fitness in the context of working

safely, including diet, lifestyle

choices, exercise, family life, etc.

and how to manage these

appropriately.

1.2.4.2 FITNESS FOR DUTY

• The impact that stress

can have on the ability to

work.

• The importance of

keeping your

employer/PCBU

informed about anything

that may affect your

ability to work, e.g.

historical information

provided to a new

employer/PCBU, etc.

1.2.4.3 HOURS OF REST AND WORK

As a driver/operator you need to

know:

•‘Rest’ and ‘Work’ are defined in the

legislation.

•The maximum work and rest

requirements as they apply to

different circumstances, e.g. Basic

Fatigue Management (BFM) or

Advanced Fatigue Management

(AFM).

•The penalties for breaching rest

and work times.

1.2.4.4 RECORD KEEPING

As a driver/operator you need to be aware of:

•Record keeping requirements as set out in

Part 4 of the model legislation.

•When to keep records, what information you

need to record and how to record information

(including what to do in situations where work

diaries are lost or stolen, odometer

malfunctioning etc.).

•The penalties for producing false records.

1.2.5 BENEFITS OF FATIGUE MANAGEMENT DOCUMENTATION

Benefits for drivers/operators

include:

•Improved driver/operator

safety and support.

•Reduced driver/operator

risks.

•Better planning for trips and

rest breaks.

1.2.5 BENEFITS OF FATIGUE MANAGEMENT DOCUMENTATION

Benefits for the industries include:

Those who ‘do the right thing’ by

managing risks through accreditation

schemes have a greater say in when

they can work and rest.

Current productivity levels can be

maintained simply by better planning,

e.g.:

Planning trips and rest breaks.

Checking records.

Staff training in causes of fatigue.

Improved policies and practices

addressing the management of fatigue.

1.2.5 BENEFITS OF FATIGUE MANAGEMENT DOCUMENTATION

Benefits for authorities and transport and logistics agencies include:

•Improved consistency with OHS/WHS legislation to manage fatigue.

•Well thought out policies and procedures addressing the

management of fatigue.

•Enhanced powers and ability to take actions against parties who

pressure the supply chain; previously they were previously exempt.

•Working smarter.

1.2.6.1 ACCREDITATION FOR THE FATIGUE MANAGEMENT MODULE

The components of the Fatigue

Management Module include:

Alternatives to current prescribed

driving hours.

Driver/operator training and

competencies in fatigue management

practices.

Two schemes or options, that is:

Basic Fatigue Management (BFM).

Advanced Fatigue Management

(AFM).

1.2.6.2 NO ACCREDITATION – STANDARD HOURS OPTION

For transport operators who do not

seek accreditation for the Fatigue

Management Model there is the

Standard Hours option.

It is designed for solo, bus/coach or

two up driving/operating

arrangements and includes:

•Regular scheduled operations.

•Low fatigue risk.

•Up to 12 hours work each day.

1.2.8 FATIGUE MANAGEMENT INFORMATION AND DOCUMENTS

Information on fatigue can be obtained from

a variety of sources, such as:

From your workplace:

Managers and/or supervisors.

Occupational Health & Safety/Work Health

& Safety (OHS/WHS) officers.

Workplace policies and procedures.

Record keepers.

Operations managers, schedulers.

1.2.8.1 OCCUPATIONAL HEALTH & SAFETY/WORK HEALTH & SAFETY INFORMATION

It is important that you are

familiar with the OHS/WHS

laws that exist in your state

or territory. Each state in

Australia has its own

OHS/WHS legislation and

regulations that must be

followed.

1.2.8.1 OCCUPATIONAL HEALTH & SAFETY/WORK HEALTH & SAFETY INFORMATION

The following OHS/WHS legislative requirements will affect

the way that you work:

Australian Standards.

Industry OHS/WHS Standards and

Guidelines.

Duty of Care.

Health and Safety Representatives,

Committees and Supervisors.

Job Safety Analysis (JSA) and Safe

Work Method Statements (SWMS).

Licences, Tickets or Certificates of

Competency.

National safety standards.

OHS/WHS and Welfare Acts and

regulations.

Safety Codes of Practice.

1.2.8.1 OCCUPATIONAL HEALTH & SAFETY/WORK HEALTH & SAFETY INFORMATION

All drivers/operators, their

employers/PCBUs and any other

personnel/workers involved in workplace

operations have a legal responsibility

under duty of care to do everything

reasonably practicable to protect

themselves and others from harm.

This means complying with safe work

practices, including activities that require

licences, tickets or certificates of

competency or any other relevant state

and territory OHS/WHS requirements.

1.2.8.1 OCCUPATIONAL HEALTH & SAFETY/WORK HEALTH & SAFETY INFORMATION

Many specific details relating to WHS will

be negotiated within the workplace in

accordance with the legislation.

It is important that you speak with your

Health and Safety Representative or

supervisor for more information on how

these elements will effect your day-to-day

operations, or if you have any concerns

relating to health and safety.

1.2.8.2 NATIONAL WORK DIARY

A crucial component of

fatigue management

documentation is the

national work diary.

This document enables

transport operators to

schedule

drivers’/operators’ rest

and work activities.

1.2.8.2 NATIONAL WORK DIARY

There are two components of

the work diary:

•Driver base and record

location.

•National Driver Work Diary

Daily Sheet.

1.2.8.3 WORK DIARY RULES

You must always keep a work diary in

your vehicle. You are also required to

keep current records of work/rest time

over the last 28 day period.

This includes any:

•Supplementary records, e.g. records

kept if the work diary is lost.

•Printouts from an electronic work diary,

where applicable, relevant to the 28 day

period.

1.2.8.4 WORK DIARY USERS AND MULTIPLE USERS

The national work diary is

required by drivers of heavy

vehicles including:

•Heavy trucks greater than

12 tonne Gross Vehicle

Mass (GVM).

•Buses greater than 12

seats including driver seat.

•Combination vehicles

greater than 12 tonne

(GVM).

1.2.8.4 WORK DIARY USERS AND MULTIPLE USERS

A driver must not under any

circumstances:

•Use a paper and electronic work

diary at the same time.

•Record information for the same

period in more than one work diary.

•Have in your possession more than

one incomplete work diary in which

you are recording information.

•Record information in someone

else’s work diary.

1.2.8.5 RECORD KEEPING

Employers/PCBUs, owner/operators, and third party agencies are

required to maintain driver/operator records in a systematic,

meaningful and accessible manner.

They need to include your details as a driver/operator such as:

•Name, licence number and contact details.

•Rosters and trip schedules, including details of driver changeovers.

•Duplicate pages and other copies/supplementary records of work

diaries.

•Payment records including timesheet records if paid according to

time at work.

1.2.8.5 RECORD KEEPING

Record keepers can be:

•You, as a driver, i.e. if employed or self

employed working under standard hours.

•You as an operator, i.e. if employed or

self employed working under BFM or AFM

accreditation.

•A third party offering record keeper’s

services, whereby both you and the third

party are liable under the Act.

Records are required to be kept for three years and must be provided to

the record keeper within 21 days.

1.2.8.5 RECORD KEEPING

In summary, you need to be aware

of the requirements for information

and documentation under Fatigue

Management Legislation, as well

as where to source further

information, as required.