NHVR Consultation on HVNL Reforms- WHS Input Imperative

It is great to see the NHVR consulting with the transport industry on the proposed HVNL reforms but where is the WHS input, Safe Work Australia, Safety Institute of Australia and state regulators. Input from those who have worked under the WHS legal regime which is predicated on reasonable practicability is vital to get this … Read more

COR Webinar- Get the Good Oil

I am running another webinar to help combat the ongoing misinformation around the National Heavy Vehicle Law and Chain of Responsibility. Please register if you really want to understand in the simplest terms how it all works. I will also be discussing the proposed overhaul of the HVNL to align it with the legal principles … Read more

Tragic Crash will put COR Changes Under the Spotlight

The truck related crash on the Murray Valley Highway over the weekend which devastated a family, will no doubt see the changes to the National Heavy Vehicle Law (NHVL), which came into effect on 1 October 2018, put to the test. As a result of those changes, all parties in the chain of responsibility need … Read more

A very dangerous precedent

In a recent Fair Work Commission decision a worker was reinstated after he was dismissed for failing to sign onto a confined space permit and entering the space. The reason for reinstatement was that the workers supervisor had previously waived the need to sign on and that his actions didn’t cause any actual harm. This … Read more

Heavy Vehicle Law and Safety Management Systems – Here There Be Monsters

The promotion of the implementation of safety management systems (SMS) to ensure compliance with the upcoming amendments to the Heavy Vehicle National Law must be approached with caution, particularly in an industry with 80% very small operators. The experience in the WHS space indicates that SMS may well create as many problems as they solve. … Read more

National Heavy Vehicle Regulator- Getting the Message Right

It is great to see the NHVR communicating accurately about the upcoming changes to the NHVL in October 2018. A recent newsletter (On The Road August 2018) issued by the NHVR confirmed that “Although the laws will change, they will still only apply to activities that a person or business has control over and could … Read more

Theory X vs Theory Y and Contractor Safety Management 

In the 1960s, social psychologist Douglas McGregor developed two contrasting theories that explained how managers’ beliefs about what motivates their people can affect their management style, Theory X and Theory Y.  Theory X managers believe that team members dislike their work and have little motivation and use an authoritarian style of management. This approach is … Read more

SWMS- God Help Us!

I am thoroughly thoroughly sick of government departments and the gate keepers of government tender processes who are not up to date with who must prepare SWMS and when they must be prepared.  You are costing the community billions in wasted effort with NO safety benefit. Do you really want/ need SWMS for contractors who … Read more

Another Case Supporting Contractor vs Principal Liability

In 2006 in Sweeney v Boylan Nominees Pty Limited [2006] HCA 19,  the High Court held that Boylan (the employer) was not vicariously liable for the negligent act of the serviceman mechanic (contractor) when a fridge door the mechanic had serviced fell on an employee.  In respect of the argument that the contractor was acting … Read more

Multiplex – Some observations

Recent charges of reckless conduct laid against Multiplex Directors, Site Managers and the Site Safety Officer in respect of a incident involving an independent contractor may have people ramping up their scrutiny of contractors and increasing the reams of paperwork required from them to demonstrate management of safety. Well STOP. This case, I suspect, will … Read more