TLIF6307A - Administer the Implementation of Fatigue Management Strategies - Learner Guide

TLIF6307A Administer

the implementation of

fatigue management

strategies

Learner Guide

Contents

What this Learner’s Guide is about ........................................ 1 Planning your learning ........................................................... 2

Section 1............................................................................................. 3 Understanding fatigue ............................................................ 3

Section 2........................................................................................... 20 Definitions under the Act ...................................................... 20

Section 3........................................................................................... 59 The individual’s responsibilities............................................ 59

Section 4........................................................................................... 66 Developing and monitoring fatigue management strategies 66

Additional resources....................................................................... 79

TLIF6307C Administer the implementation of fatigue management strategies

Page 1 Developed by Armstrong’s Driver Education P/L September 2008 ADELG1047

What this Learner’s Guide is about

This Learner’s Guide is about the skills and knowledge required to apply fatigue management strategies, including identifying and acting upon signs of fatigue and implementing appropriate strategies to minimise fatigue during work activities.

The Elements of Competency from the unit “TLIF6307A Administer the implementation of fatigue management strategies” covered in this Learner’s Guide are listed below.

Monitor the implementation of fatigue management strategies.

Recognise breaches of fatigue management policies, procedures and regulations.

Develop and assess staff competence in fatigue management.

Provide feedback to employees on any shortcomings in fatigue management skills and knowledge.

Report on the implementation of fatigue management policy.

This unit of competency is from the Transport and Logistics Training Package (TLI07).

TLIF6307A Administer the implementation of fatigue management strategies

Page 2 ADELG1047 Developed by Armstrong’s Driver Education P/L – September 2008

Planning your learning

It is important to plan your learning before you start because you may already have some of the knowledge and skills that are covered in this Learner’s Guide. This might be because:

• you have been working in the industry for some time, and/or

• you have already completed training in this area

Together with your supervisor or trainer use the checklists on the following pages to help you plan your study program. Your answers to the questions in the checklist will help you work out which sections of this Learner’s Guide you need to complete.

This Learner’s Guide is written with the idea that learning is made more relevant when you, the learner, are actually working in the industry. This means that you will have people within the enterprise who can show you things, discuss how things are done and answer any questions you have. Also you can practise what you learn and see how what you learn is applied in the enterprise.

If you are working through this Learner’s Guide and have not yet found a job in the industry, you will need to talk to your trainer about doing work experience or working and learning in some sort of simulated workplace.



Section 1

Understanding fatigue



Section outline

Areas covered in this section

What is fatigue?

The personal, social and economical consequences of fatigue -‐ related accidents

Factors likely to influence truck driver fatigue

Common effects of truck driver fatigue

The warning signs of fatigue



Fatigue

What is fatigue?

It can be defined as, weariness after exertion; reduction of efficiency of muscles and organs, after prolonged activity; a task or job that wearies.

Fatigue management programs have been developed throughout the transport industry world wide to minimise the occurrence of fatigue related incidents by increasing safety and making sure there is compliance in the heavy vehicle transport industry.

Fatigue has been identified as contributing to between 10 and 20 percent of fatal truck crashes (Hawthorn, Heffernan and Horne, 1989).

What are the effects of truck driver fatigue?

• the loss of a life -‐ your life or other innocent lives

• trauma and stress on your family and friends as they suffer the loss

• no income or lost income

• insurance premiums increase to cover accident costs

• your company looses productivity as does the industry generally.

Research into fatigue related accidents has shown that in 9.1% of fatal car and truck accidents, fatigue was the main contributing factor.

In accidents where extended driving hours and night time driving were involved, fatigue contributed to 19.9% of the accidents.

Equal numbers of car and truck drivers become fatigued.



To effectively manage fatigue, it is necessary to look at the causes. Some of these may be:

• lack of sleep and rest

• inadequate pre-‐trip preparation

• long working or driving hours

• inflexible or inadequate scheduling practices

• drug taking

• alcohol consumption

• environmental factors such as:

time of day

weather conditions.

Fatigue causing factors

Fatigue may be caused by a variety of reasons, some of these may include:

• lack of sleep

• late nights socialising or working

• sleep disorder

• long working (driving hours) and inflexible scheduling practices, such as:

no pre-‐planning of trips to make sure drivers have sufficient time to complete the trip while at the same time taking required rest periods

not allowing drivers to reschedule rest periods within their trip according to their fatigue levels

non-‐driving work that fatigues the driver such as loading and unloading.



Inadequate pre-‐trip preparation can create a number of problems that extend your trip time. For example:

• damaged tyres (punctures) through non checking prior to departure

• poor cargo loading (having to remove cargo unnecessarily to get a delivery)

• poor lashing of load (cargo spill)

• no pre-‐departure check, which may result in:

mechanical problems

physical vehicle problems.

All of these factors result in inadequate sleep or rest periods at appropriate times.

Common effects of fatigue

There are a number of common effects of fatigue. Some of these are:

• falling asleep behind the wheel

• slower reaction times, affecting driving ability, for example:

poorer gear changing

oversteering

poor fuel economy

• decreased attention to road signs and traffic on the roads.

Sleep Science

Napping

How Long Is A Good Nap?

THE NANO-‐NAP: 10 to 20 seconds Sleep studies haven't yet concluded whether there are benefits to these brief intervals, like when you nod off on someone's shoulder on the train.

THE MICRO-‐NAP: two to five minutes Shown to be surprisingly effective at shedding sleepiness.



THE MINI-‐NAP: five to 20 minutes Increases alertness, stamina, motor learning, and motor performance.

THE ORIGINAL POWER NAP: 20 minutes Includes the benefits of the micro and the mini, but additionally improves muscle memory and clears the brain of useless built-‐up information, which helps with long-‐term memory (remembering facts, events, and names).

THE LAZY MAN'S NAP: 50 to 90 minutes Includes slow-‐wave plus REM sleep; good for improving perceptual processing; also when the system is flooded with human growth hormone, great for repairing bones and muscles.

So what makes a power nap effective? Think of it as an investment with the greatest return in the least amount of time, a kind of super-‐efficient sleep that fits nicely in a high-‐pressure schedule: say, between business meetings or in the minutes before a game.

Here's how the power nap works: Sleep comes in five stages that recur cyclically throughout a typical night, and a power nap seeks to include just the first two of them. The initial stage features the sinking into sleep as electrical brain activity, eye and jaw-‐muscle movement, and respiration slow. The second is a light but restful sleep in which the body gets ready -‐-‐ lowering temperature, relaxing muscles further -‐-‐ for the entry into the deep and dreamless "slow-‐wave sleep," or SWS, that occurs in stages three and four. Stage five, of course, is REM, when the eyes twitch and dreaming becomes intense.

Getting The Perfect Nap

• The first consideration is psychological: Recognise that you're not being lazy; napping will make you more productive and more alert after you wake up.

• Try to nap in the morning or just after lunch; human circadian rhythms make late afternoons a more likely time to fall into deep (slow-‐wave) sleep, which will leave you groggy.

• Avoid consuming large quantities of caffeine as well as foods that are heavy in fat and sugar, which meddle with a person's ability to fall asleep.

• Instead, in the hour or two before your nap time, eat foods high in calcium and protein, which promote sleep.

• Find a clean, quiet place where passersby and phones won't disturb you.



• Try to darken your nap zone, or wear an eyeshade. Darkness stimulates melatonin, the sleep-‐ inducing hormone.

• Remember that body temperature drops when you fall asleep. Raise the room temperature or use a blanket.

• Once you are relaxed and in position to fall asleep, set your alarm for the desired duration.

Encourage napping:

• when needed, employees should be encouraged to take a preventative nap before reporting for work so as to reduce the risk of an accident occurring during shift;

• naps cannot be enforced on the job, but company policies should encourage drivers to take naps during their shift by building in adequate time for naps in trip schedules;

• if a driver has not had adequate sleep or a main rest break, schedules may need to be adjusted to allow the driver to take a recovery nap;

• a company napping policy should not be used to extend driver schedules beyond legitimate limits, but it should promote safer operations; and

• a company policy on napping in the workplace should be developed with input from the key stakeholders; drivers, dispatchers, driver managers, other employees, supervisors and managers. This will result in company-‐wide ownership of the policy.

The purpose of developing a napping policy is to show the company’s:

• commitment to safe work practices and safety;

• commitment to employee health; and

• compliance with the duty of care of the Occupational Safety and Health legislation.

Consider Drivers’ Health:

• a driver health program should include a napping policy;

• drivers with sleep apnoea may suffer from excessive on the-‐job sleepiness and may need to take frequent naps. Drivers should undergo medical screening for sleep disorders so they can be advised on how to manage these sleep disorders. Drivers will have to undergo medical examinations in accordance with the standard ‘Assessing Fitness to Drive’ 2003 (Austroads);



• it is a normal part of aging that as we get older, night time sleep starts to get shorter and more fragmented, and day time sleepiness starts to increase. Sleep apnoea also gets increasingly likely with age. This means napping may be an increasingly important strategy for older drivers; and

• company health programs should also include information on the risks of obesity, and provide guidance for drivers on healthy diets, physical fitness and exercise.

Provide training:

• the ease with which people can nap depends very much on the individual. A worthwhile idea is to give drivers some training in relaxation techniques so they can get the most benefit from napping opportunities by shortening the time taken to fall asleep; and

• information and training on how to get the greatest benefit from quality sleep breaks and naps should be provided to employees and their families as part of a driver induction programme and on an ongoing basis (short refresher courses).

Circadian Rhythms

A circadian rhythm is an approximate daily periodicity, a roughly-‐24-‐hour cycle in the biochemical, physiological or behavioural processes of living beings, including plants, animals, fungi and cyanobacteria. The term "circadian", coined by Franz Halberg, comes from the Latin circa, "around", and diem or dies, "day", meaning literally "approximately one day." The formal study of biological temporal rhythms such as daily, tidal, weekly, seasonal, and annual rhythms is called chronobiology.

Circadian rhythms are endogenously generated, and can be entrained by external cues, called Zeitgebers. The primary one is daylight. These rhythms allow organisms to anticipate and prepare for precise and regular environmental changes.



Criteria

Three general criteria of circadian rhythms are necessary to differentiate genuinely endogenous rhythms from coincidental or apparent ones: the rhythms persist in the absence of cues; they can be brought to match the local time, and will do so in a precise manner over a range of temperatures.

• The rhythm persists in constant conditions (for example, constant dark) with a period of about 24 hours. The rationale for this criterion is to distinguish circadian rhythms from those "apparent" rhythms which merely are responses to external periodic cues. A rhythm cannot be declared to be endogenous unless it has been tested in conditions without external periodic input.

• The rhythm is temperature-‐compensated, i.e. it maintains the same period over a range of temperatures. The rationale for this criterion is to distinguish circadian rhythms from other biological rhythms arising due to the circular nature of a reaction pathway. At a low enough or high enough temperature, the period of a circular reaction may reach 24 hours, but it will be merely coincidental.

• The rhythm can be reset by exposure to an external stimulus. The rationale for this criterion is to distinguish circadian rhythms from other imaginable endogenous 24-‐hour rhythms that are immune to resetting by external cues and hence do not serve the purpose of estimating the local time. Travel across time zones illustrates the necessity of the ability to adjust the biological clock so that it can reflect the local time and anticipate what will happen next.

Circadian rhythms are important in determining the sleeping and feeding patterns of all animals, including human beings. There are clear patterns of core body temperature, brain wave activity, hormone production, cell regeneration and other biological activities linked to this daily cycle. In addition, photoperiodism, the physiological reaction of organisms to the length of day or night, is vital to both plants and animals, and the circadian system plays a role in the measurement and interpretation of day length.



The biological clock in mammals

The primary circadian "clock" in mammals is located in the suprachiasmatic nucleus (or nuclei) (SCN), a pair of distinct groups of cells located in the hypothalamus. Destruction of the SCN results in the complete absence of a regular sleep/wake rhythm. The SCN receives information about illumination through the eyes. The retina of the eyes contains not only "classical" photoreceptors but also photoresponsive retinal ganglion cells. These cells, which contain a photo pigment called melanopsin, follow a pathway called the retinohypothalamic tract, leading to the SCN. If cells from the SCN are removed and cultured, they maintain their own rhythm in the absence of external cues.

It appears that the SCN takes the information on day length from the retina, interprets it, and passes it on to the pineal gland, a tiny structure shaped like a pine cone and located on the epithalamus. In response the pineal secretes the hormone melatonin. Melatonin secretion peaks at night and ebbs during the day.

The circadian rhythms of humans can be entrained to slightly shorter and longer periods than the earth's 24 hours. Researchers at Harvard have recently shown that human subjects can at least be entrained to a 23.5-‐hour cycle and a 24.65-‐hour cycle (the latter being the natural solar day-‐night cycle on the planet Mars).

Determining the human circadian rhythm

Overview: human circadian biological clock with some physiological parameters.

The classic phase markers for measuring the timing of a mammal's circadian rhythm are melatonin secretion by the pineal gland and core body temperature.

For temperature studies, people must remain awake but calm and semi-‐reclined in near darkness while their rectal temperatures are taken continuously. The average human adult's temperature reaches its minimum at about 05:00 (5 a.m.), about two hours before habitual wake time, though variation is great among normal chronotypes.

Melatonin is absent from the system or undetectably low during daytime. Its onset in dim light, dim-‐light melatonin onset (DLMO), at about 21:00 (9 p.m.) can be measured in the blood or the saliva. Both DLMO and the midpoint (in time) of the presence of the hormone in the blood or saliva have been used as circadian markers.

However, newer research indicates that the melatonin offset may be the most reliable marker. Benloucif et al in Chicago in 2005 found that



melatonin phase markers were more stable and more highly correlated with the timing of sleep than the core temperature minimum. They found that both sleep offset and melatonin offset were more strongly correlated with the various phase markers than sleep onset. In addition, the declining phase of the melatonin levels was more reliable and stable than the termination of melatonin synthesis.

One method used for measuring melatonin offset is to analyse a sequence of urine samples throughout the morning for the presence of the melatonin metabolite 6-‐sulphatoxymelatonin (aMT6s). Laberge et al in Quebec in 1997 used this method in a study which confirmed the frequently found delayed circadian phase in healthy adolescents.

Human health

Timing of medical treatment in coordination with the body clock may significantly increase efficacy and reduce drug toxicity or adverse reactions. For example, appropriately timed treatment with angiotensin converting enzyme inhibitors (ACEi) may reduce nocturnal blood pressure and also benefit left ventricular (reverse) remodelling. There are many health problems associated with a disturbance in the human circadian rhythm, such as Seasonal Affective Disorder (SAD), delayed sleep phase syndrome (DSPS) and other circadian rhythm disorders. Circadian rhythms also play a part in the reticular activating system which is crucial for maintaining a state of consciousness. In addition, a reversal in the sleep-‐wake cycle may be a sign or complication of uremia, azotemia or acute renal failure.

Disruption

Disruption to rhythms usually has a negative effect. Many travellers have experienced the condition known as jet lag, with its associated symptoms of fatigue, disorientation and insomnia.

A number of other disorders, for example bipolar disorder and some sleep disorders are associated with irregular or pathological functioning of circadian rhythms. Recent research suggests that circadian rhythm disturbances found in bipolar disorder are positively influenced by lithium's effect on clock genes.

Disruption to rhythms in the longer term is believed to have significant adverse health consequences on peripheral organs outside the brain, particularly in the development or exacerbation of cardiovascular disease. The suppression of melatonin production associated with the disruption of the circadian rhythm may increase the risk of developing cancer.



Sleep

Sleep is a natural state of bodily rest observed throughout the animal kingdom. It is common to all mammals and birds, and is also seen in many reptiles, amphibians and fish. In humans, other mammals, and a substantial majority of other animals which have been studied — such as fish, birds, ants, and fruit-‐flies — regular sleep is essential for survival. However, its purposes are only partly clear and are the subject of intense research.

Physiology

In mammals and birds the measurement of eye movement during sleep is used to divide sleep into the two broad types of Rapid Eye Movement (REM) and Non-‐Rapid Eye Movement (NREM) sleep. Each type has a distinct set of associated physiological, neurological and psychological features.

Sleep proceeds in cycles of REM and the four stages of NREM, the order normally being:

Stages 1 -‐> 2 -‐> 3 -‐> 4 -‐> 3 -‐> 2 -‐> REM.

In humans this cycle is on average 90 to 110 minutes,[3] with a greater amount of stages 3 and 4 early in the night and more REM later in the night. Each phase may have a distinct physiological function. Drugs such as sleeping pills and alcoholic beverages can suppress certain stages of sleep. This can result in a sleep that exhibits loss of consciousness but does not fulfil its physiological functions.



Allan Rechtschaffen and Anthony Kales originally outlined the criteria for identifying the stages of sleep in 1968. The American Academy of Sleep Medicine (AASM) updated the staging rules in 2007.

Stages of sleep

Criteria for REM sleep include not only rapid eye movements but also a rapid low voltage EEG. In mammals, at least, low muscle tone is also seen. Most memorable dreaming occurs in this stage. NREM accounts for 75–80% of total sleep time in normal human adults. In NREM sleep, there is relatively little dreaming. Non-‐REM encompasses four stages; stages 1 and 2 are considered 'light sleep', and 3 and 4 'deep sleep' or slow-‐wave sleep, SWS. They are differentiated solely using EEG, unlike REM sleep which is characterized by rapid eye movements and relative absence of muscle tone. In non-‐REM sleep there are often limb movements, and parasomnias such as sleepwalking may occur. A cyclical alternating pattern may sometimes be observed during a stage.

NREM consists of four stages according to the 2007 AASM standards:

• During Stage N1 the brain transitions from alpha waves (having a frequency of 8 to 13 Hz, common to people who are awake) to theta waves (frequency of 4 to 7 Hz). This stage is sometimes referred to as somnolence, or "drowsy sleep". Associated with the onset of sleep during N1 may be sudden twitches and hypnic jerks also known as positive myoclonus. Some people may also experience hypnagogic hallucinations during this stage, which can be more troublesome to the subject. During N1 the subject loses some muscle tone and conscious awareness of the external environment.

• Stage N2 is characterized by "sleep spindles" (12 to 16 Hz) and "K-‐complexes." During this stage, muscular activity as measured by electromyography (EMG) lowers and conscious awareness of the external environment disappears. This stage occupies 45 to 55% of total sleep.

• In Stage N3, the delta waves, also called delta rhythms (0.5 to 4 Hz) make up less than 50% of the total wave-‐patterns. This is considered part of deep or slow-‐wave sleep (SWS) and appears to function primarily as a transition into stage N4. This is the stage in which night terrors, bedwetting, sleepwalking and sleep-‐talking occur.

• In Stage N4, delta-‐waves make up more than 50% of the wave-‐patterns. Stages N3 and N4 are the deepest forms of sleep; N4 is effectively a deeper version of N3, in which the



deep-‐sleep characteristics, such as delta-‐waves, are more pronounced. As of new AASM guidelines, the determination between stage 3 and stage 4 sleep is inconsequential and both may be considered delta sleep or slow wave sleep. Therefore, in a recent ruling by the AASM, in order to make precision the scoring guidelines, stage four had been disbanded, and left is the stage of sleep N3 to describe the delta sleep attributed to it.

Both REM sleep and NREM sleep stages 3 and 4 are homeostatically driven; that is, if a person or animal is selectively deprived of one of these, it rebounds once uninhibited sleep again is allowed. This suggests that both are essential to the functions of the sleep process.

Sleep timing

Sleep timing is controlled by the circadian clock, by homeostasis and, in humans, by willed behaviour. The circadian clock, an inner time-‐keeping, temperature-‐fluctuating, enzyme-‐controlling device, works in tandem with adenosine, a neurotransmitter which inhibits many of the bodily processes that are associated with wakefulness. Adenosine is created over the course of the day; high levels of adenosine lead to sleepiness. In diurnal animals, sleepiness occurs as the circadian element causes the release of the hormone melatonin and a gradual decrease in core body temperature. The timing is affected by one's chronotype. It is the circadian rhythm which determines the ideal timing of a correctly structured and restorative sleep episode.

Homeostatic sleep propensity, the need for sleep as a function of the amount of time elapsed since the last adequate sleep episode, is also important and must be balanced against the circadian element for satisfactory sleep. Along with corresponding messages from the circadian clock, this tells the body it needs to sleep. Sleep offset, awakening, is primarily determined by circadian rhythm. A normal person who regularly awakens at an early hour will generally not be able to sleep much later than the person's normal waking time, even if moderately sleep deprived.

Optimal amount in humans

The optimal amount of sleep is not a meaningful concept unless the timing of that sleep is seen in relation to an individual's circadian rhythms. A person's major sleep episode is relatively inefficient and inadequate when it occurs at the "wrong" time of day. The timing is



correct when the following two circadian markers occur after the middle of the sleep episode but before awakening:

• maximum concentration of the hormone melatonin, and

• minimum core body temperature

The National Sleep Foundation in the United States maintains that eight to nine hours of sleep for adult humans is optimal and that sufficient sleep benefits alertness, memory and problem solving, and overall health, as well as reducing the risk of accidents. A widely publicized 2003 study performed at the University of Pennsylvania School of Medicine demonstrated that cognitive performance declines with fewer than eight hours of sleep.

However, a University of California, San Diego psychiatry study of more than one million adults found that people who live the longest self-‐report sleeping for six to seven hours each night. Another study of sleep duration and mortality risk in women showed similar results. Other studies show that "sleeping more than 7 to 8 hours per day has been consistently associated with increased mortality", though this study suggests the cause is probably other factors such as depression and socio-‐economic status which would correlate statistically. It has been suggested that the correlation between lower sleep hours and reduced morbidity only occurs with those who wake after less sleep naturally, rather than those who use an alarm.

Causal links are currently speculative: the available data may only reflect comorbid depression, socioeconomic status, or even alcohol use, for example. These studies cannot be used to determine optimal sleep habits, only correlation — and empirically observed correlation is a necessary but not sufficient condition for causality. A need for nine or ten hours of sleep a day, or only five to six, may or may not have the same cause as the shortened life span. In other words, long or short sleep duration itself has not been shown to be a cause of early death.

Researchers from the University of Warwick and University College London have found that lack of sleep can more than double the risk of death from cardiovascular disease, but that too much sleep can also double the risk of death. Professor Francesco Cappuccio said: “Short sleep has been shown to be a risk factor for weight gain, hypertension and Type 2 diabetes sometimes leading to mortality but in contrast to the short sleep-‐mortality association it appears that no potential mechanisms by which long sleep could be associated with increased mortality have yet been investigated. Some candidate causes for this include depression, low socioeconomic status and cancer-‐related fatigue. In terms of prevention, our findings indicate that consistently



sleeping around 7 hours per night is optimal for health and a sustained reduction may predispose to ill-‐health.”

Furthermore, sleep difficulties are closely associated with psychiatric disorders such as depression, alcoholism and bipolar disorder. Up to 90% of patients with depression are found to have sleep difficulties.

Hours by age

Children need a greater amount of sleep per day than adults to develop and function properly: up to 18 hours for newborn babies, with a declining rate as a child ages. A newborn baby spends almost half of its sleep time in REM-‐sleep. By the age of five or so, only a bit over two hours is spent in REM.

Age Average amount of sleep per day

Newborn up to 18 hours

1-12 months 14–18 hours

1-3 years 12-15 hours



Adolescents 9-10 hours

Adults, including elderly 7-8 (+) hours

Pregnant women 8 (+) hours

Sleep debt

Sleep debt is the effect of not getting quite enough rest and sleep; a large debt causes mental, emotional and physical fatigue. It is unclear why a lack of sleep causes irritability however; theories are emerging that suggest if the body produces insufficient cortisol during stage 3 and 4 sleep it can have negative affects on our alertness and emotions during the day.

Scientists do not agree on how much sleep debt it is possible to accumulate, whether it is accumulated against an individual's average sleep or some other benchmark, nor on whether the prevalence of sleep debt among adults has changed appreciably in the industrialized world in recent decades. It is likely that children are sleeping less than previously in Western societies.



Functions

The multiple theories proposed to explain the function of sleep reflect the as yet incomplete understanding of the subject.

It is likely that sleep evolved to fulfil some primeval function, but has taken over multiple functions over time as organisms have evolved. An analogy would be that to the larynx, which performs multiple functions, such as controlling the passage of food and air, phonation for communicating and social purposes, etc. These are all functions of the larynx, but just one of them likely represents the original function.



Section 2

Definitions under the Act



Section outline


Definitions under the Road Transport – Heavy Vehicle Driver Fatigue Act 2006



Some of the definitions and requirements under the Act

The new Act applies to:

(a) Drivers of regulated heavy vehicles; and

(b) Certain persons whose activities influence the conduct of drivers of regulated heavy vehicles in such a way as to affect the drivers’ fatigue when driving on a road.

Examples

• Employers and prime contractors of drivers of regulated heavy vehicles

• Operators of regulated heavy vehicles

• Persons who schedule goods or passengers for transport by regulated heavy vehicles or who schedule drivers of regulated heavy vehicles

• Consignors and consignees of goods for transport by regulated heavy vehicles

• Loaders and unloaders of goods for transport by regulated heavy vehicles

• Persons who manage or operate premises where regulated heavy vehicles are loaded or unloaded or who supervise the activities of loaders and unloaders

NB; It is the performance of any these functions, whether exclusively or occasionally, that determines whether a person falls within any of these definitions, rather than their job title or contractual description.

The Act provides for general duties to avoid or prevent drivers from driving regulated heavy vehicles on a road while they are impaired by fatigue and for extra duties on certain parties in the chain of responsibility to do certain things to help drivers to comply with the Act.



The Act provides for 3 work/rest hours options for drivers, namely:

(a) The standard hours for drivers (i.e. the standard work and rest times); and

(b) The basic fatigue management scheme (the BFM scheme); and

(c) The advanced fatigue management scheme (the AFM scheme); and provides that parties in the chain of responsibility are liable for ensuring the driver complies with his or her relevant work/rest hours option.

This Act enables an operator to seek accreditation and a driver, employer, prime contractor or operator to seek an exemption from various requirements of this Act.

The definition of a regulated heavy vehicle

A regulated heavy vehicle is: a heavy truck or bus.

A regulated heavy vehicle is a sub-‐category of heavy vehicle as defined in the C & E Act.

A heavy truck is: a motor vehicle (except a bus or tram) with a GVM over 12 tonnes; or a motor vehicle (except a bus or tram) that is part of a combination, if the total of the GVM of the vehicles in the combination is over 12 tonnes.

A bus is a motor vehicle built mainly to carry people that seats over 12 adults (including the driver).

A regulated heavy vehicle does not include: plant or motor home

Plant is a motor vehicle that is built, or permanently modified primarily to operate as a machine or implement; off-‐road, on a road-‐related area, on an area of road that is under construction and is not capable of carrying goods or passengers by road.

Examples of what is plant:

An agricultural machine, backhoe, bulldozer, excavator, forklift, front-‐end loader, grader, tractor or a motor vehicle that is registered as a type P plant-‐based special purpose vehicle.

Examples of what is not plant:

A truck-‐mounted crane or drilling rig.



A motor home is a rigid or articulated motor vehicle or combination that is built, or permanently modified, primarily for residential purposes, but does not include a motor vehicle only because it is constructed with a sleeper berth.

The Act applies to:

(A reference to a driver is a reference to the driver of a regulated heavy vehicle and includes an employed driver and a self-‐employed driver).

An employed driver is a driver who is employed by someone else to drive a regulated heavy vehicle.

A driver who is not an employed driver but is driving a regulated heavy vehicle is a self-‐employed driver.

Who are the parties in the chain of responsibility?

(These people are parties in the chain of responsibility in relation to a regulated heavy vehicle)

• The employer of the driver of the vehicle

• The prime contractor of the driver

• The operator of the vehicle

• The scheduler of goods or passengers for transport by the vehicle, and the scheduler of its driver

• The consignor of goods for transport by the vehicle

• The consignee of goods for transport by the vehicle

• The loading manager of goods for transport by the vehicle

• The loader of goods on to the vehicle

• The unloader of goods from the vehicle

Note It is the performance of any these functions, whether exclusively or occasionally, that determines whether a person falls within any of these definitions, rather than their job title or contractual description.

A person may be a party in the chain of responsibility in more than 1 capacity.

Example: A person may be an employer, operator and consignor at the same time in relation to a driver and be subject to duties in each of the capacities.



Note Section 147 of the C & E Act also provides that a person may be liable for a breach in one or more capacities under the chain of responsibility.

Who is an employer?

An employer is a person who engages someone else to drive a regulated heavy vehicle under a contract of employment, apprenticeship or training.

Example of an employer:

A labour hire company.

Who is a prime contractor?

A prime contractor is a person who engages someone else to drive a regulated heavy vehicle under a contract for services.

Example of a prime contractor:

A logistics business that engages a subcontractor to transport goods.

Who is an operator?

An operator of a regulated heavy vehicle is a person who is responsible for controlling or directing the operations of:

In the case of a vehicle (including a vehicle in a combination) — the vehicle; or

In the case of a combination — the towing vehicle in the combination.

A person is not an operator merely because:

The person owns a vehicle or combination

The person drives a vehicle or combination

The person maintains, or arranges for the maintenance of, a vehicle or combination

The person arranges for the registration of a vehicle



Who is a scheduler?

A scheduler is:

A person who schedules a driver’s work or rest time

A person who schedules the transport of passengers or goods by road

Who is a consignor?

A consignor of goods is:

A person who, with that person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road

A person who engages an operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport the goods by road

A person who has possession of, or control over, the goods immediately before the goods are transported by road

A person who loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is usually unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading

If the goods are imported into Australia — a person who imports the goods

Who is a consignee?

A consignee of goods is:

A person who, with that person’s authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road

A person who actually receives the goods after completion of their transport by road but does not include a person who merely unloads the goods.



Who is a loading manager?

A loading manager is:

A person who manages, or who is responsible for the operation of, a premises at which usually on a business day at least 5 regulated heavy vehicles are loaded with goods for transport, or have goods that the vehicles have transported unloaded

A person who directly or indirectly supervises, manages or controls the loading or unloading of regulated heavy vehicles at such a premises.

Examples of a loading manager

A company that runs, or a site manager for, a distribution centre

Example of calculation of vehicle numbers

At a premises on a usual business day, 3 regulated heavy vehicles are loaded with goods, and 3 other regulated heavy vehicles have goods that have been transported to the premises unloaded. The manager of the premises is a loading manager because at least 5 vehicles are usually loaded or unloaded at the premises on a business day.

Who is a loader?

A loader of goods is:

A person who loads a vehicle or combination with goods for transport by road

A person who loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road

Without limiting the above, a person who loads a freight container already in or on a vehicle or combination with goods for transport by road

A person who supervises an activity mentioned above

A person who manages or controls an activity mentioned above



Who is an unloader?

An unloader of goods is:

A person who unloads from a vehicle or combination goods that have been transported by road

A person who unloads from a vehicle or combination a freight container (whether or not containing goods) that has been transported by road

A person who unloads from a freight container that is on a vehicle or combination goods that have been transported by road

A person who supervises an activity mentioned above

A person who manages or controls an activity mentioned above



Reasonable Steps

What are reasonable steps:

If a provision of this Act requires a person to take all reasonable steps to ensure that a specified thing will not cause a particular outcome, without limiting the ways in which a person may take those steps, she or he is to be regarded as having taken those steps if she or he:

A. Identifies and assesses –

(i) What aspects of the specified thing might cause the particular outcome

(ii) The risks that those aspects might cause the particular outcome

(iii) If there is a substantial risk that an aspect might cause the particular outcome, what she or he can reasonably do to eliminate that risk, or if it is not reasonably possible to eliminate that risk, to minimise that risk; and

B. Repeats that identification and assessment –

(i) If anything occurs that may adversely affect, or that indicates that there may be a problem with, the specified thing

C. Does the things identified under paragraph (a)(ii) as being things that she or he can reasonably do

D. Documents the actions that she or he has taken under paragraphs (a), (b) and (c), and retains that documentation for at least 3 years.

Note 1 Subsection (2) sets out a method of taking reasonable steps to prevent the occurrence of an offence for the purposes of the reasonable steps defence.

Example of a specified thing and a particular outcome

The Act requires a scheduler to take all reasonable steps to ensure that a driver's schedule (the specified thing in this case) will not cause the driver to drive while impaired by fatigue (the particular outcome).



Examples of ways to identify and assess what aspects of specified things might cause drivers to commit fatigue-‐related offences

• Consulting drivers, other parties in the chain of responsibility, unions and industry associations

• Reviewing driving or work schedules and work records, including opportunities for rest breaks

• Reviewing loading and unloading times and delays at loading and unloading places

• Reviewing contractual arrangements and documentation relating to the consignment and delivery of goods

• Regular health and safety audits

• Regularly assessing driver fitness for duty

• Analysing injury and incident reports

Examples of things that can be done to eliminate or minimise risks arising from those aspects

• Workplace procedures and policies that relate to fatigue and compliance with work/rest hours

• Contingency planning in relation to fatigue and work/rest hours

• A program to report and monitor fatigue-‐related incidents, risks and hazards

• A program for assessing driver fitness for duty

• Training and information for drivers, staff and parties in the chain of responsibility about fatigue and compliance with work/rest hours

• Appropriate supervision and management of drivers, staff and parties in the chain of responsibility

• Scheduling arrangements that take account of fatigue risks and work/rest hours

• Allowing for traffic or other delays in scheduling

• A system for giving drivers sufficient notice of schedule changes

• A system to maintain equipment, work systems and work records

• Compliance assurance conditions in relevant commercial arrangements with other parties in the chain of responsibility



• Avoiding incentives or demands in commercial arrangements that may cause fatigue or breaches of work/rest hours

• A system for monitoring and remedying problems related to fatigue and work/rest hours

Without limiting the ways in which a person may take all reasonable steps to prevent the occurrence of an offence for the purposes of the reasonable steps defence, a person is to be regarded as having taken those steps if she or he:

A. Identifies and assesses –

(i) The risks that the offence might occur

(ii) If there is a substantial risk that the offence might occur, what she or he can reasonably do to eliminate that risk, or if it is not reasonably possible to eliminate that risk, to minimise that risk

B. Repeats that identification and assessment –

(i) If anything occurs that might significantly increase the risk of the offence occurring

(ii) In any event, at least annually

(iii) does the things identified under paragraph (a)(ii) as being things that she or he can reasonably do

C. Documents the actions that she or he has taken under paragraphs (a), (b) and (c), and retains that documentation for at least 3 years.

The court may have regard to anything that it considers to be relevant when it is deciding whether things that the person did, or did not do, were reasonable steps, including:

(a) The nature of the aspect or risk that the person was attempting to, or should have been attempting to, address

(b) The likelihood of a risk eventuating

(c) The degree of harm that would result if a risk did eventuate

(d) The circumstances of the offence (e.g. the risk category that the relevant offence belongs to)



(e) The degree to which the person (either personally or through an agent or employee) had the ability to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating

(f) The experience, expertise and knowledge that the person, or the person’s agent or employee, had or ought reasonably have had

(g) The availability and suitability of ways to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and

(h) The cost of eliminating a risk or minimising the likelihood of a risk eventuating (i) the body of fatigue knowledge.

What is the reasonable steps defence?

If a provision states that a person has the benefit of the reasonable steps defence for an offence, it is a defence to a charge for the offence for the person to prove that:

(a) The person did not know, and could not reasonably be expected to have known, of the contravention concerned; and

(b) Either:

(i) The person had taken all reasonable steps to prevent the contravention concerned; or

(ii) The person could not reasonably be expected to have taken any steps to prevent the contravention concerned.

Deciding whether persons ought reasonably to have known

If, in a prosecution for an offence against this Act, it is relevant to prove that someone ought reasonably to have known something, the issue must be decided having regard to:

(a) The person’s abilities, experience, expertise, knowledge, qualifications and training; and

(b) The circumstances of the offence; and

(c) Any other matters prescribed by the regulations.



What is fatigue?

What is fatigue

(1) Fatigue includes for example:

(a) Feeling sleepy; and

(b) Feeling physically or mentally tired, weary or drowsy; and

(c) Feeling exhausted or lacking energy; and

(d) Behaving in a way that is consistent with paragraph (a), (b) or (c).

When deciding whether a driver is fatigued, a court may take into account anything it considers is relevant, including for example:

(a) What is commonly understood as being fatigued; and

(b) The causes of fatigue; and

(c) The signs of fatigue; and

(d) The body of fatigue knowledge; and

(e) Any matter prescribed by the regulations.

A cause of fatigue is any factor that causes or contributes to a person’s fatigue while driving a regulated heavy vehicle on a road (whether or not the cause arises while the person is at work).

Examples of causes of fatigue

• Physical or mental exertion

• Long periods of time awake

• Not enough sleep or not enough restorative sleep

• Not enough rest breaks

• A person’s circadian rhythm (i.e. the “body clock”)

• Environmental stress (e.g. heat, noise, vibrations)

• Personal health



A sign of fatigue is a sign that a person was, is, or will be fatigued while driving a regulated heavy vehicle on a road (whether the sign manifests itself before, during or after work).

Examples of signs of fatigue

• A lack of alertness

• An inability to concentrate

• A reduced ability to recognise or respond to external stimuli

• Poor judgement or memory

• Making more mistakes than usual

• Drowsiness, or falling asleep, at work (including micro sleeps)

• Finding it difficult to keep the eyes open

• Needing more frequent naps than usual

• Not feeling refreshed after sleep

• Excessive head nodding or yawning

• Blurred vision

• Mood changes, increased irritability or other changes to the person’s mental health

• Changes to the person’s health or fitness

The body of fatigue knowledge includes any accreditation scheme, scientific knowledge or expert opinion, guidelines, standards or other knowledge that is relevant to preventing or managing the exposure to risk of fatigue, either at a workplace or on a road.

In proceedings for an offence under this Act, a statement by the complainant that, at a specified time or during a specified period, the complainant observed a specified driver exhibiting specified behaviour is evidence of that.

A statement by the complainant is a statement in a complaint or charge made by the person bringing the proceedings.



What is impaired by fatigue

(1) A driver is impaired by fatigue if the driver is fatigued to the extent that he or she is incapable of driving a vehicle safely.

(2) When deciding whether a driver was impaired by fatigue, a court may take into account anything it considers is relevant, including for example:

(a) Any relevant cause of fatigue or sign of fatigue that was evident, and the degree to which it may indicate that the driver was impaired by fatigue; and

(b) Any behaviour of the driver that may have resulted from being impaired by fatigue;

Examples

• The circumstances of any incident, crash or near miss

• Poor driving judgement

• Inattentive driving (e.g. drifting into other lanes or not changing gears smoothly)

(c) The nature and extent of any physical or mental exertion by the driver; and

(d) Whether the driver was in breach of his or her work/rest hours.

(3) A court may consider a driver to be impaired by fatigue even if the driver has complied with any requirements under this Act (e.g. the standard hours) or under any other legislation.

(4) In proceedings for an offence under this Act, a statement by the complainant that, at a specified time or during a specified period, the complainant observed a specified driver exhibiting specified behaviour is evidence of that.

(5) A statement by the complainant is a statement in a complaint or charge made by the person bringing the proceedings.



Duties to avoid and prevent fatigue

Driver’s duty to avoid driver fatigue

(1) A person must not drive a regulated heavy vehicle on a road while he or she is impaired by fatigue.

Penalty: the penalty for a severe risk offence.

A driver may be impaired by fatigue even though he or she has complied with other requirements of this Act

(2) An offence against subsection (1) is an offence of absolute liability.

(3) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of a prescribed driver offence under another law in relation to the same conduct, the court must discharge the proceedings against the driver.

(4) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted, the court must discharge any proceedings against the driver for a prescribed driver offence under another law in relation to the same conduct.

(5) A prescribed driver offence under another law means an offence under another law of this jurisdiction prescribed by the regulations.



Duty on parties in the chain of responsibility to prevent driver fatigue

(1) A party in the chain of responsibility in relation to a regulated heavy vehicle must take all reasonable steps to ensure that a person does not drive the vehicle on a road while the person is impaired by fatigue.

Penalty: the penalty for a critical risk offence.

(2) An offence against subsection (1) is an offence of absolute liability.

(3) For the purposes of sub-‐section (1), evidence:

(a) That a party complied with a relevant prescribed fatigue duty under another law is evidence that the party took all the reasonable steps required by that sub-‐section; and

(b) That an operator complied with the requirements of a BFM or AFM accreditation is evidence that the operator took all the reasonable steps required by that sub-‐section.

(4) A prescribed fatigue duty under another law means a duty under another law of this jurisdiction or of another participating jurisdiction prescribed by the regulations.

(5) In a prosecution under sub-‐section (1), it is not necessary to prove that any particular person drove, or would or may have driven, the vehicle on a road while impaired by fatigue.

Additional duties on certain parties in the chain of responsibility

Duties on employers, prime contractors and operators

(1) This section applies to:

(a) The employer of an employed driver of a regulated heavy vehicle; and

(b) The prime contractor of a self-‐employed driver of a regulated heavy vehicle; and

(c) The operator of the regulated heavy vehicle if the driver is to make a journey for the operator.

(2) The employer, prime contractor and operator each must take all reasonable steps to ensure that her or his business practices will not cause the driver to:



(a) Drive while impaired by fatigue; or

(b) Drive while in breach of his or her work/rest hours option; or

(c) Drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work/rest hour’s option.


(2A) In subsection (2), business practices means the practices of the employer, prime contractor or operator in running her or his business, and includes:

(a) The operating policies and procedures of the business; and

(b) The human resource and contract management arrangements of the business; and

(c) Arrangements for managing safety.

(3) The employer must not cause the driver to drive the vehicle unless:

(a) The employer has complied with subsection (2); and

(b) The employer, after making reasonable inquiries, is satisfied that the scheduler has complied with section 31.

Penalty: the penalty for a substantial risk offence.

(4) The prime contractor and operator each must not cause the driver to drive the vehicle, or enter into a contract or agreement with the driver to that effect, unless:

(a) The prime contractor or operator has complied with subsection (2); and

(b) The prime contractor or operator, after making reasonable inquiries, is satisfied that the scheduler has complied with section 31.


(5) An offence against subsection (2), (3) or (4) is an offence of absolute liability.

Duties on schedulers

(1) This section applies to the scheduler of:



(a) A regulated heavy vehicle; or

(b) A driver of a regulated heavy vehicle.

(2) The scheduler must take all reasonable steps to ensure that a driver’s schedule for driving the vehicle will not cause the driver to:



(c) Drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work/rest hour’s option.


(3) The scheduler must not cause the driver to drive the vehicle unless:

(a) The scheduler has complied with subsection (2); and

(b) The driver’s schedule for driving the vehicle allows for:

(i) The driver to take rest breaks in accordance with his or her work/rest hours option; and

Example of ways to take rest breaks

• ensuring that a driver is able to take a short rest break at a suitable location

• ensuring that a driver is able to take a long rest break at a location where facilities that enable adequate rest to be taken are available

(ii) Traffic conditions and other delays that could reasonably be expected.

Examples of traffic conditions and other delays that could reasonably be expected

• The actual average speed able to be travelled lawfully and safely by the driver on the route in question

• Known traffic conditions such as road works or traffic congestion on the route in question

• Delays caused by loading, unloading or queuing




(4) An offence against subsection (2) or (3) is an offence of absolute liability.

Duties on consignors and consignees

(1) This section applies to:

(a) The consignor of goods for transport by a regulated heavy vehicle; and

(b) The consignee of goods for transport by a regulated heavy vehicle.

(2) The consignor and consignee each must take all reasonable steps to ensure that the terms of consignment (e.g. delivery times) will not result in, encourage or provide an incentive to the driver to:



(c) Drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.


(3) The consignor and consignee each must take all reasonable steps to ensure that the terms of consignment (e.g. delivery times) will not result in, encourage or provide an incentive to the employer of an employed driver, prime contractor of a self-‐employed driver or operator of the regulated heavy vehicle to cause the driver to:



(c) Drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hour’s option.


(4) The consignor and consignee each must not cause the driver to drive the vehicle, or enter into a contract or agreement to that effect, unless:

(a) The consignor or consignee has complied with subsection (2) and (3); and



(b) In the case of an employed driver — the consignor or consignee, after making reasonable inquiries, is satisfied that:

(i) The driver’s employer and the operator of the driver’s vehicle have each complied with section 30; and

(ii) The scheduler has complied with section 31; and

(c) In the case of a self-‐employed driver — the consignor or consignee, after making reasonable inquiries, is satisfied that:

(i) If the driver has a prime contractor— the prime contractor of the driver has complied with section 30; and

(ii) The scheduler has complied with section 31.


(4A) The consignor and consignee each must not make a demand that affects, or that may affect, a time in a schedule for the transport of the consigned goods and that may cause the driver to:



(c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.


(4B) Subsection (4A) does not apply if the consignor or consignee, before making the demand:

(a) Has complied with subsections (2) and (3); and

(b) Is satisfied, after making reasonable inquiries, that the making of the demand will not cause a person to fail to comply with section 31 (Duties on schedulers).

(5) An offence against subsection (2), (3), (4) or (4A) is an offence of absolute liability.

Duties on loading managers

(2) A loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading regulated heavy vehicles at the premises in respect of which she or he is the loading manager will not cause, a driver of a regulated heavy vehicle to:





(c) Drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.


Examples of reasonable steps to comply with subsection (2)

• providing for rest to be taken with adequate facilities

• providing for the reporting of travel delays and providing a mechanism for managing late arrivals

• allowing loading and unloading to occur at an agreed time

• having a system of setting and allocating loading and unloading times that a driver can reasonably rely on to comply with the work and rest times specified in this Act

(3) If the loading manager or a person acting under his or her supervision or control:

(a) has advised the driver, either directly or indirectly, of when the loading or unloading of the vehicle is to start, and the loading manager or person becomes aware that the loading or unloading will, or is likely to, start more than 30 minutes late; or

(b) has advised the driver, either directly or indirectly, of when the loading or unloading of the vehicle is to finish, and the loading manager or person becomes aware that the loading or unloading will, or is likely to, finish more than 30 minutes late; or

(c) is unable to advise the driver of when the loading or unloading of the vehicle is to start; or

(d) is unable to advise the driver of when the loading or unloading of the vehicle is to finish;

The loading manager must take all reasonable steps to ensure that the driver is able to take rest while waiting for the vehicle to be loaded or unloaded.



Providing a system of notifying the driver when his or her vehicle can be loaded or unloaded that does not require the driver to be awake or unreasonably alert.


(4) An offence against subsection (2) or (3) is an offence of absolute liability.

Certain requests, contracts etc prohibited

Certain requests etc prohibited

A person must not ask, direct or require (directly or indirectly) a driver or a party in the chain of responsibility to do something that the person knows, or reasonably ought to know, would have the effect of causing the driver to:




Example of a requirement that contravenes this section

A requirement that the driver complete a journey in a time that the person knows or reasonably ought to know cannot be complied with unless the driver commits a speeding offence or does not take all the rest breaks that he or she is required to take.


Certain contracts etc prohibited

(1) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would have the effect of causing a driver to:







(2) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would encourage or provide an incentive for a party in the chain of responsibility to cause a driver to:




Applying for BFM accreditation

(1) The operator of a regulated heavy vehicle who wants BFM accreditation must apply to the Authority.

(2) The application must be made in the form approved by the Authority and include:

(a) The operator’s name and contact details; and

(b) A statement by the operator that the operator has a BFM fatigue management system (which is explained in the next subsection) to ensure compliance with the BFM standards and business rules; and

(c) A statement from an auditor of a class specified by the Fatigue Authorities Panel that the auditor considers that the operator’s BFM fatigue management system will ensure compliance with the BFM standards and business rules; and

(d) Any other information required by the Authority in accordance with the BFM standards and business rules.



(3) A BFM fatigue management system is an operator’s management system for ensuring compliance with the BFM standards and business rules, including by: (a) Recording the name, driver licence number and contact details of each driver who is currently under the operator’s BFM accreditation; and

(b) Ensuring that each of those drivers is in a fit state:

(i) To safely perform required duties; and

(ii) To meet any specified medical requirements; and

(c) Ensuring that each of those drivers:

(i) Has been inducted into the operator’s BFM fatigue management system; and

(ii) Has been informed of the BFM hours; and

(d) Ensuring that anyone employed in the operator’s business, who has responsibilities relating to scheduling or managing the fatigue of those drivers:


(ii) Has been informed of the BFM hours.

(4) The application must also be accompanied by a declaration, declared to be made by the operator after taking all reasonable steps to ascertain the following information, of the operator’s knowledge of whether:

(a) In the 5 years immediately before the application was made, any of these persons has contravened this Act, a corresponding fatigue law, or an Australian road law:

(i) The operator; and

(ii) An associate of the operator; and if so, details of the contravention; and

(b) Any of these persons has had their BFM or AFM accreditation varied or cancelled:


(ii) An associate of the operator; and if so, details of the variation or cancellation.



(5) The application must also be accompanied by an application fee prescribed by the regulations.

(6) The Authority, by written notice to the operator, may require the operator to give the Authority any necessary additional information.

Granting BFM accreditation

(1) The Authority must decide an application for BFM accreditation as soon as practicable after the Authority receives the application.

(2) The Authority may grant BFM accreditation to the operator of a regulated heavy vehicle if it is satisfied:

(a) The operator is able to comply with this Act; and

(b) The operator is a suitable person to be granted BFM accreditation.

(3) For this purpose, the Authority may take into account anything it considers is relevant, including for example:

(a) Any details provided under section 78 (4); or

(b) The results of any audits carried out on the operator’s BFM fatigue management system, or proposed BFM fatigue management system.

Note Section 78 (3) explains what a BFM fatigue management system is.

(4) In granting BFM accreditation to the operator of a regulated heavy vehicle, the Authority must have regard to any advice given to it, and to any guidelines issued, by the Fatigue Authorities Panel in relation to BFM accreditation.

(5) If the Authority grants the BFM accreditation, it must give the operator an accreditation certificate in the form specified by the Fatigue Authorities Panel that certifies the operator has been granted BFM accreditation and sets out the details of that accreditation.

(6) The accreditation takes effect:

(a) When the accreditation certificate is given to the applicant; or

(b) At a later time stated in the certificate.



(7) The BFM accreditation applies for the period (not longer than 3 years) stated in the BFM accreditation certificate.

(8) If the Authority refuses to grant a BFM accreditation, it must give the applicant a written notice that:

(a) States the reasons for the refusal.

(b) Tells the operator that the operator may apply to have the decision reconsidered.

Conditions of BFM accreditation

(1) Every BFM accreditation is subject to the condition that the operator must comply with the BFM standards and business rules.

(2) A BFM accreditation is also subject to any other conditions stated in the accreditation certificate or prescribed by the regulations.

Examples of possible conditions

• A condition that a named driver cannot drive under the operator’s BFM accreditation vehicle for a specified period

• A condition that a named employee or associate of the operator cannot be involved in the BFM operation system ever, or for a specified period

Note 1 A driver is required to record his or her operator’s BFM accreditation number

Note 2 An authorised officer or police officer may direct an operator to produce a record required to be kept by the operator

(3) A person who is granted a BFM accreditation must not contravene a condition of the BFM accreditation.

Court-‐imposed penalty: $6 000.

(4) An offence against subsection (3) is an offence of strict liability.

80A Driver must carry BFM accreditation documents

(1) At all times while working under an operator’s BFM accreditation, a driver must have in his or her possession:

(a) A copy of the operator's accreditation certificate; and



(b) A document signed by the operator stating that the driver is working under the operator's accreditation, has been inducted into the operator's BFM fatigue management system and meets the requirements relating to drivers under the accreditation.

An authorised officer or police officer may direct a driver to produce a record required to be kept by the driver


Infringement notice penalty: $600.

(2) The operator must ensure that each of the drivers driving under the operator's BFM accreditation does not contravene subsection (1).



(3) A driver must immediately return to an operator any document given to him or her by the operator for the purposes of sub-‐section (1) if the driver:

(a) Ceases to work under an operator’s BFM accreditation; or

(b) Ceases to meet the requirements relating to drivers under that accreditation.



(4) An offence against subsection (1), (2) or (3) is an offence of strict liability.

Information that operator must record

(1) The operator must ensure that each driver who is to work under the BFM accreditation is:

(a) Inducted into the operator’s BFM fatigue management system; and

(b) Meets the requirements relating to drivers under the operator’s BFM accreditation.




(2) The operator must keep:

(a) A current list of the drivers under the BFM accreditation; and

(b) Records demonstrating that the driver:


(ii) Meets requirements relating to drivers under the operator’s BFM accreditation; and

(c) Any other records prescribed by the regulations.


(3) The records must be kept in accordance with the requirements of Division 4.3.

(3A) If required to do so by the Authority, the operator must give to the Authority, in the form and within the time specified by the Authority:

(a) A copy of the list of drivers kept by the operator under subsection (2)(b); and

(b) Details of any changes to that list.



(4) An offence against subsections (1) or (2) is an offence of strict liability.

Operator must advise of change or end of accreditation

(1) If an operator who has a BFM accreditation changes or ceases to hold that accreditation, the operator must inform any driver or scheduler who may be affected by that change or cessation of the fact that the change or cessation has happened, as soon as practicable after the change or cessation happens.


(1A) If a driver is informed that an operator’s BFM accreditation has changed or ceased, he or she must immediately return to the operator any document given to him or her by the operator for the purposes of section 80A(1).





(2) An offence against subsection (1) or (1A) is an offence of strict liability.

AFM accreditation

Applying for AFM accreditation

(1) The operator of a regulated heavy vehicle who wants AFM accreditation must apply to the Authority.

(2) The application must be made in the form approved by the Authority and include:

(a) The operator’s name and contact details; and

(b) The operator’s AFM fatigue management proposal (which is explained in the next subsection); and

Note an AFM fatigue management proposal could be based on a specific company operation, on a template developed by an industry group, or on a commercial basis.

(c) A statement by the operator that the operator has an AFM fatigue management system (which is explained in the subsection (4)) to ensure compliance with the AFM standards and business rules; and

(d) A statement from an auditor of a class specified by the Fatigue Authorities Panel that the auditor considers that the operator’s AFM fatigue management system will ensure compliance with the AFM standards and business rules; and

(e) Any other information required by the Authority in accordance with the AFM standards and business rules.

(3) An AFM fatigue management proposal must set out:

(a) The proposed work and rest hours limits for drivers of those vehicles; and

(b) The risks involved with working under the proposed work and rest hours limits, and the proposed countermeasures that are designed to manage those risks; and



(c) The other details required under the AFM standards and business rules.

(4) An AFM fatigue management system is an operator’s management system for ensuring compliance with the AFM standards and business rules, including by:

(a) Recording the name, driver licence number and contact details of each driver who is currently under the operator’s AFM accreditation; and

(b) Ensuring that each of those drivers is in a fit state:

(i) To safely perform required duties; and

(ii) To meet any specified medical requirements; and

(c) Ensuring that each of those drivers:

(i) Has been inducted into the operator’s AFM fatigue management system; and

(ii) Has been informed of the AFM hours under the operator’s AFM accreditation; and

(d) Ensuring that anyone employed in the operator’s business, who has responsibilities relating to scheduling or managing the fatigue of those drivers:

(i) Has been inducted into the operator’s AFM fatigue management system; and

(ii) Has been informed of the AFM hours under the operator’s AFM accreditation.

(5) The application must also be accompanied by a declaration, declared to be made by the operator after taking all reasonable steps to ascertain the following information, of the operator’s knowledge of whether:

(a) In the 5 years immediately before the application was made, any of these persons has contravened this Act, a corresponding fatigue law, or an Australian road law:


(ii) An associate of the operator; and

if so, details of the contravention; and



(b) Any of these persons has had their BFM or AFM accreditation varied or cancelled:


(ii) An associate of the operator;

and if so, details of the variation or cancellation.

(6) The application must also be accompanied by an application fee prescribed by the regulations.

(7) The Authority, by written notice to the operator, may require the operator to give the Authority any necessary additional information.

Granting AFM accreditation

(1) The Authority must decide an application for AFM accreditation as soon as practicable after the Authority receives the application.

(2) The Authority may grant AFM accreditation to the operator of a regulated heavy vehicle if it is satisfied that:

(a) The operator is able to comply with this Act; and

(b) The operator is a suitable person to be granted AFM accreditation; and

(c) The driver fatigue management practices (including proposed work and rest hours) stated in the operator’s AFM fatigue management proposal would, if followed, safely manage the risk of driver fatigue; and

(d) The operator and drivers are likely to follow those practices consistently and effectively.

(3) For this purpose, the Authority may take into account anything it considers is relevant, including for example:

(a) Any details provided under section 83 (5); or

(b) The results of any audits carried out on the operator’s AFM fatigue management system, or proposed AFM fatigue management system; or

Note Section 83 (4) explains what an AFM fatigue management system is.



(c) For the purposes of assessing the operator’s AFM fatigue management proposal — any relevant body of fatigue knowledge.

Note Section 83 (3) explains what an AFM fatigue management proposal is.

(4) In granting AFM accreditation to the operator of a regulated heavy vehicle, the Authority must have regard to any advice given to it, and to any guidelines issued by, the Fatigue Authorities Panel in relation to AFM accreditation.

(5) In approving the work and rest hour’s limits that are applicable to a particular AFM accreditation, the Authority:

(a) Must be satisfied that the limits appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and

(b) Must not set limits that:

(i) Allow a driver to work more than the work time allowed, or to have less than the rest time required, in the AFM outer limits; or

(ii) That the Authority considers would be unsafe, having regard to the operator’s AFM fatigue management proposal and any relevant body of fatigue knowledge.

Note Section 52A(1) sets out the AFM outer limits. Section 83 (3) explains what an AFM fatigue management proposal is.

(6) If the Authority grants the AFM accreditation, it must give the operator an accreditation certificate in the form specified by the Fatigue Authorities Panel that:

(a) Certifies that the operator has been granted AFM accreditation; and

(b) Sets out the details of that accreditation, including the work and rest hours limits that apply to the accreditation.

(7) The accreditation takes effect:

(a) When the accreditation certificate is given to the applicant; or

(b) At a later time stated in the certificate.

(8) The AFM accreditation applies for the period (not longer than 3 years) stated in the AFM accreditation certificate.



(9) If the Authority refuses to grant an AFM accreditation, it must give the applicant a written notice that:

(a) States the reasons for the refusal; and

(b) Tells the operator that the operator may apply to have the decision reconsidered.

Conditions of AFM accreditation

(1) Every AFM accreditation is subject to the condition that the operator must comply with the AFM standards and business rules.

(2) An AFM accreditation is also subject to any other conditions stated in the accreditation certificate or prescribed by the regulations.

Examples of possible conditions

• A condition that a named driver cannot drive under the operator’s AFM accreditation vehicle for a specified period

• A condition that a named employee or associate of the operator cannot be involved in the AFM operation system ever, or for a specified period

• A condition that requires additional records to be kept, and audits to be performed, to ensure that the driver fatigue management practices (including work and rest hours) stated in the operator’s AFM operations manual are followed consistently and effectively

(3) A person who is granted an AFM accreditation must not contravene a condition of the AFM accreditation.


(4) An offence against subsection (3) is an offence of strict liability.

Driver must carry AFM accreditation details

(1) At all times while working under an operator’s AFM accreditation, a driver must have in his or her possession:

(a) A copy of the operator's accreditation certificate; and

(b) A document signed by the operator stating that the driver is working under the operator's accreditation, has been inducted into the operator's AFM fatigue management system and meets the requirements relating to drivers under the accreditation; and



(c) A document that sets out the AFM hours allowed under the accreditation.



Example

It would be sufficient compliance with the requirement in paragraph (c) for a driver to have a record of the AFM hours allowed under the accreditation stored in his or her electronic work diary (as the diary is a document).


Infringement notice penalty: $ 600.

(2) The operator must ensure each of the drivers driving under the operator’s AFM accreditation do not contravene subsection (1).


(2A) A driver must immediately return to an operator any document given to him or her by the operator for the purposes of sub-‐section (1) (a) or (b) if the driver:

(a) Ceases to work under an operator’s AFM accreditation; or

(b) Ceases to meet the requirements relating to drivers under that accreditation.


Infringement notice penalty: $ 600.

(3) An offence against subsection (1) (2) or (2A) is an offence of strict liability.

Information that operator must record

(1) The operator must ensure that each driver who is currently under the AFM accreditation is:

(a) Inducted into the operator’s AFM fatigue management system and informed of the AFM hours under the operator’s AFM accreditation; and

(b) Meets the requirements relating to drivers under the operator’s AFM accreditation.


(2) The operator must keep:

(a) A current list of the drivers under the AFM accreditation; and



(b) Records that demonstrate the driver:

(i) Has been inducted into the operator’s AFM fatigue management system and informed of the AFM hours under the operator’s AFM accreditation; and

(ii) Meets requirements relating to drivers under the particular accreditation; and (c) any other records prescribed by the regulations.


(3) The records must be kept in accordance with the requirements of Division 4.3.

(3A) If required to do so by the Authority, the operator must give to the Authority, in the form and within the time specified by the Authority:

(a) A copy of the list of drivers kept by the operator under subsection (2)(b); and

(b) Details of any changes to that list.

Court-‐imposed penalty: $ 2 000.


(4) An offence against subsections (1) or (2) is an offence of strict liability.

Operator must advise of change or end of accreditation

(1) If an operator who has an AFM accreditation changes or ceases to hold that accreditation, the operator must inform any driver or scheduler who may be affected by that change or cessation of the fact that the change or cessation has happened, as soon as practicable after the change or cessation happens.


(1A) If a driver is informed that an operator’s AFM accreditation has changed or ceased, he or she must immediately return to the operator any document given to him or her by the operator for the purposes of section 86(1)(a) or (b).





(2) An offence against subsection (1) or (1A) is an offence of strict liability.

Please note these definitions are an abridged version of the legislation and are for reference purposes only; they are based on the model legislation dated April 2008. If you need the exact information contained in legislation you must consult the “Heavy Vehicle Driver Fatigue National Legislation” and any amendments that are applicable to your state.



Section 3

The individual’s responsibilities



Section outline


How individuals can manage their own fatigue

What individuals are required to do by organisations



Strategies to combat fatigue

Strategies to combat fatigue:

• during working hours:

you must make sure that when you stop, you actually rest, and do not undertake other work related tasks

you must make sure that you take sufficient breaks after periods of continuous driving

you must alter your schedules if you are forced to undertake fatiguing, non-‐driving work.

• in order to ready yourself for work:

you must advise your workplace about the impact of your leisure activities on your ability to work

you must be shown how to identify your own fatigue levels and the ways you can reduce these levels

you must monitor your fatigue levels prior to you starting work.

• to maintain excellent driver health the operator should:

implement a health management system providing general health education but also information about specific driving-‐related health risks

make sure driver health does not compromise safety

employ drivers in areas in which they are most capable

make drivers aware of the impact on their personal welfare of fatigue levels.

• workplace conditions:

make sure that vehicles, truck stops and sleeping areas allow drivers a comfortable trip, effective breaks, and most importantly a good night’s rest.

• management practices and communication:

encourage free communication between management and drivers to allow identification of any issues influencing fatigue levels.



Warning signs of fatigue

Common signs of fatigue may include:

• loss of concentration

• nodding off at the wheel

• dimmed vision

• stiffness in the limbs

• slower reflex time

• loss of co-‐ordination

• yawning

• quickly blinking eyes

• inability to judge your own level of alertness.

Lifestyle is important

Your lifestyle plays a very important part in managing your fatigue.

You cannot expect your body and mind to remain unfatigued, if you abuse it and do not allow time for rest and relaxation.

Your lifestyle choices may include:

• your diet

• how much you exercise

• how much sleep you get

• how late you socialise

• how much alcohol you consume

• whether you take drugs (prescribed or recreational).

A balanced diet

Although it is often hard to get good, healthy food when you are on the road, being aware of what is good for your body and what is not, can help you make the decision about your next meal. A diet of cigarettes and alcohol should be avoided at all costs.



It is better to eat small meals often rather than large meals less often as digestion is an energy drain and tends to make you sleepy.

Common problems which are related to poor diet include:

• weight gain/obesity

• coronary heart disease

• high blood pressure

• digestive problems

• constipation

• some cancers

• gallstones

• liver disease

• diabetes

• stokes

• tooth decay.

It is often difficult to maintain an ideal weight, particularly if you do not have some regular form of exercise. You should consume a variety of foods and vegetables everyday.

Improved diet

You can improve your diet by adopting the suggestions listed below.

1. Eat a variety of foods each day, including one from each of these groups:

bread and cereals

vegetables and fruit

lean meat, fish, poultry and eggs

milk, cheese and yoghurt

butter and margarine.

2. If you believe you are overweight consult your doctor

3. Try to limit the fat in your diet when eating on the road. Avoid fried food, -‐ trim the fat off your meats and do not eat too much cheese or butter. Ask for foods that have been grilled, steamed, poached or stir fried. Substitute traditional breakfasts of fried eggs and bacon for poached eggs, omelettes, grilled bacon, mushrooms and tomatoes and cereals.



4. Try not to eat too much sugar -‐ choose mineral water or unsweetened fruit juice rather than sweetened drinks -‐ do not put too much sugar in your tea or coffee and eat fruit rather than sweet desserts, cakes or chocolate bars.

5. Eat more wholemeal bread, cereals, vegetables and fruit.

6. Use less salt.

7. Do not drink too much alcohol.

8. Drink at least 2 litres of water as you drive.

A guide to help you choose your food

Eat generally Eat in moderation Eat occasionally

Wholegrain breads, flat breads, rolls, crispbreads, pasta, rice, oats

White bread, light rye bread crumpets, crackers, white rice, English muffins

Croissants, cakes, pastries, sweet biscuits, muffins

All vegetables; particularly those eaten raw, steamed or stir fried. All fruits without sugar syrup and fresh

Canned fruit or stewed/poached fruit in sugar syrup

Olives, glace fruit, chocolate dipped fruits

Beans, peas, lentils, tofu Nuts, peanut butter and seeds

Low fat milk and milk products e.g. yoghurt, cottage cheeses and ricotta cheese

Hard cheese, full cream milk and yoghurt

Cream cheese, ice-‐cream, condensed milk.

Unsaturated oil, margarine, mayonnaise salad dressing

Butter, cream, sour cream, suet, lard, dripping, coconut.

Custard, sweetened yoghurt, milk puddings

Sugar, honey, jam, lollies chocolate, creamy cakes and deserts, chips, twisties.

Plain water, vegetable juices, herbal teas

Fruit juice Alcohol, tea, coffee, soft drinks, cordial.



Exercise regularly

The more you exercise the better for your heart and health generally. However, you do not have to puff and sweat to benefit. Regular moderate exercise, such as walking, brings the same benefits. It is the amount of energy you use that counts most, not how you use it up or how quickly.

Do the exercise that you enjoy. Walking, gardening, cycling or swimming are all good forms of exercise. Start at a low level and build up slowly over time. Do not overdo it. Choose suitable clothing and footwear. Do not exercise if the weather is very hot, humid or cold, straight after meals or alcohol, or if you do not feel well.

It is best to check with your doctor before you start exercising.

If you are found to be unfit or placed on restrictions to perform your job you will be provided with appropriate assistance and counselling to aid recovery. You and your family will be provided with information on good driver health and lifestyle.

Follow the organisation’s policies and procedures

It is important that individuals follow the organisational policies and procedures set out by their employers. Possible policies and procedures are discussed in the next section.



Section 4

Developing and monitoring fatigue management strategies



Section outline


Assessing fatigue risks

Controlling fatigue risks

Monitoring fatigue strategies



How to manage fatigue

Effective fatigue management starts with the transport operators. Fatigue management allows them to organise and implement the most effective management procedures. Operators are well positioned to monitor your fatigue levels and take corrective action. There are several areas that transport operators can monitor in order to manage fatigue, these are:

• trip scheduling

• driver rostering

• working hours

• readiness of drivers for work

• driver health

• workplace conditions

• management practices and communication.

When scheduling of trips:

• trips must

be pre-‐planned to make sure that you have sufficient time to take the required rest periods during the trip

allow you to reschedule your rest periods within your trip according to how quickly and how often you become fatigued

eliminate non-‐driving work that fatigues you such as unnecessary loading and unloading

involve you in the scheduling process.

When drivers are rostered, they must be:

− rostered according to your recent workload, how suitable the trip is, your welfare and your preference

provided with flexibility in rosters to allow you to alter your roster if you are already fatigued

notified of future trips, allowing you to prepare and be well rested.



Strategies to overcome fatigue

There are various strategies that are recommended to counteract fatigue. They include:

• limiting total driving hours

• regular rest stops before fatigue sets in

• avoidance of alcohol and drugs (although moderate use of caffeine is not harmful)

• use of radio to maintain alertness

• adequate cabin ventilation

• introducing variation in the driving environment.

Management assistance in overcoming driver fatigue

Your company management will need to look at the following when considering a fatigue management program for drivers:

• driver’s previous time working, schedules and rosters

• safe driving time and adequate rest requirement

• non-‐driving time and work activities

• vehicle suitability and roadworthiness

• identification and management of specific fatigue risk factors of the freight task (type of load, night or city driving)

• driver’s readiness for duty, state of health and competence on the day

• use of relief and casual drivers and sub-‐contractors

• drivers involvement and flexibility to reschedule trips and change rosters.



Medical check

Prior to entering into a fatigue management program you will be required to:

• undergo a medical examination to the standard required of commercial drivers

• participate in a health screening program for sleep disorder, diet, substance abuse and medical history.

Assessing fatigue risks

Risk assessment is a way of deciding which hazards need to be addressed and in what order. Risk assessment should reveal:

• where, which and how many workers are likely to be at risk of becoming impaired by fatigue, and

• how often this is likely to occur and the degree of harm that would result.

When assessing fatigue risk, it is important to recognise factors can be interrelated and therefore should not be considered in isolation. The risk assessment should place the fatigue risk factors in order of priority, and areas with the highest risk should be addressed first.

Risk-‐assessment methods include:

• consulting workers on workloads and schedules – ask if they are having or have experienced work-‐related fatigue

• analysing an audit of working hours and ensure this includes comparing planned working hours with hours actually worked. Where appropriate, related issues to consider in the audit may include work-‐related travel and work completed outside of normal hours (e.g. when people take work home)

• using a risk-‐assessment chart

• reviewing workplace incident data in regard to the fatigue hazard factors. Ask:

What is the likelihood that fatigue is contributing to the incidents?

What time of day do incidents occur?

When incidents occurred, how long had the workers involved been working?

Do the incidents often happen when a worker’s body clock is low and concentration poor?



• consulting industry or employee associations who may be able to assist with risk assessments for type of work and workplace, and

• checking whether workers have had accidents (including transport) travelling home or on work-‐related journeys.



Controlling fatigue risks

Purpose 1. To explain the underlying approach to risk management and to outline the roles and responsibilities of the business and staff for the ongoing management of risk.

2. To outline key aspects of the business’s risk management process including arrangements for the communication and reporting of risks associated with the business’s activities especially fatigue management

Scope All people associated with, or responsible for risk management.

Policy Statement Risk management should be based on the Australasian Risk Management Standard (AS/NZS 4360:2004). Risk management is integrated into the normal business activities and aligned to its strategic directions. Key risks are communicated across the business and treatment strategies to mitigate those risks are regularly monitored and reviewed by senior management.

Supporting procedures Risk Management Procedures and any other documents relevant to risk management.

Responsibility for implementation Any person directed to: e.g. OH&S representative.

Status Revision number/date (to show currency)

Key Stakeholders Any person or entity that has a vested interest in the business. Owner, director etc.

Approval body The person or entity that is authorised to approve the implementation of or any changes to this document

Definitions Risk: The chance of something happening that will have an impact on objectives. Risk can have a positive or a negative impact and is measured in terms of a combination of the likelihood of an event occurring and the consequences if the event was to occur.

Risk Management: The culture, processes and structures that are directed towards realising potential opportunities whilst managing adverse effects.

Risk Management Process: The systematic application of management policies, procedures and practices to the tasks of communicating, establishing the context, identifying, analysing, evaluating, treating, monitoring and reviewing risks.

Risk Treatment: The process of selection and implementation of measures to modify risk. These measures may include avoiding, modifying, sharing or retaining risk.

Risk Co-ordinators: Staff nominated by (e.g. Chief Executive Officer) of the business to promote a risk awareness culture and compile risk profiles for their respective areas.

Related legislation Perhaps OH&S, heavy vehicle driver fatigue etc.

Related policies This may be your risk management policies.

Related documents Could be Australasian Risk Management Standard AS/NZS 4360:2004

Date Effective

Review Date Next date that a review is required.

Owner Person that assumes responsibility for this document.



The next step is to control any fatigue risks assessed as requiring risk controls.

When deciding on risk controls, check whether any measures currently being used to address the problem are effective.

Find out what others in your industry are doing to prevent fatigue and incorporate any appropriate risk control measures into your fatigue prevention program.

Fatigue can arise from a combination of factors and therefore the most effective way to reduce the risk is to implement a combination of risk control measures.

When selecting which risk control measures to implement, make sure the most effective measures are used. The best way to control fatigue risks is to eliminate the factors that cause it at the source. If that’s not reasonably practicable, use measures that reduce the risk. Better planning and work scheduling (e.g. having a flexible work schedule to allow for both production targets and likely delays) are the best ways to reduce fatigue risks.

The risk control measures outlined in the next sections are listed in order of the measures that address the source of the risk (top of each section), down to measures that rely on work procedures for effectiveness (bottom of each section).



Mental and physical demands of work

Measures that can be used to address the risks associated with the mental and physical demands of work include:

• use plant, machinery and equipment (e.g. ergonomic furniture, lifting equipment and anti-‐fatigue matting for repetitive tasks performed while standing) to eliminate or reduce the excessive physical demands of the job

• eliminate excessive mental and physical demands from the job

• redesign the job to include a variety of mental and physical tasks

• introduce job rotation to limit a build-‐up of mental and physical fatigue, and use rest periods (in addition to scheduled meal breaks).

Work scheduling and planning

Measures that can be used to address the risks associated with work scheduling and planning include:

• reduce the amount of time workers need to spend performing physically and mentally demanding work

• schedule safety critical work outside low body clock periods (i.e. not between 2am and 6am and, to a lesser degree, between 2pm and 4pm)

• manage workload and work-‐pace change caused by machinery breakdowns and planned and unplanned absences

• avoid working arrangements that provide incentives to work excessive hours

• include adequate rest periods in the work schedule and accommodate for napping and sleeping if necessary provide adequate breaks between shifts to allow workers enough recovery time (e.g. time needed for travelling, eating, sleeping and socialising)

• ensure there are adequate workers and other resources to do the job without placing excessive demands on staff, and

• ensure work demands gradually increase towards the middle of the shift and decrease towards the end.



Working at night

Measures that can be used to address the risks associated with working at night include:

• consider whether night work is necessary and rearrange schedules so non-‐essential work is not carried out at night

• allow a 24-‐hour rest period between each set of shifts for night-‐shift workers

• keep sequential night shifts to a minimum (no more than four nights in a row)

• provide an adequate period of non-‐work following a sequence of night shifts

• allow regular night workers periods of normal night’s sleep to catch up on their sleep debts

• ensure that rosters allow for at least two full nights’ sleep after the last night shift

• arrange shifts so that day sleep is not restricted, and

• except for emergencies, give at least 24 hours notice before night work.

Consider providing a longer period of notice so that workers have time to adjust their activities.

Working time

Measures that can be used to address the risks associated with working time include:

• develop a working-‐hours policy on daily work hours, maximum average weekly hours, total hours over a three-‐month period and work-‐related travel

• eliminate or reduce the need to work extended hours or overtime

• design working hours to allow for good quality sleep and enough recovery time between work days or shifts for travelling, eating, washing and sleeping

• eliminate or reduce the need to work long shifts for more than three consecutive days, and

• schedule work for hours when the risks may be lower – for example, complex and safety-‐critical tasks are best undertaken during normal day shifts when workers are less likely to be fatigued.



Shift work

Measures that can be used to address the risks associated with shift work include:

• avoid quick shift changeovers, such as finishing at 11pm and starting again at 7am

• control overtime, shift swapping and on-‐call duties

• use a forward-‐rotation shift system (i.e. morning to afternoon, afternoon to night)

• allocate shift workers consecutive days off, including some weekends, depending upon their fatigue risk level

• try to fit shift times in with the availability of public transport

• provide alternative transport at end of overtime/long shift

• limit shifts to 12 hours including overtime

• set shift rosters ahead of time and avoid sudden changes of shift to allow workers to plan leisure time

• where split shifts are used, arrange timing so sleep of workers is not disrupted due to the times they are required to work

• set standards and allow time for communication at shift handovers, and

• offer alternatives to workers who may have difficulties adjusting to working hours.

Environmental conditions

Measures that can be used to address the risks associated with environmental conditions include:

• avoid working during periods of extreme temperature

• install heating devices in cold work environments

• install cooling devices and/or provide access to cooled areas in hot work environments

• provide shelter in hot work environments

• install ventilation and mechanical cooling devices in hot, confined work environments such as truck cabins

• provide adequate facilities for rest, sleep, meal breaks, onsite accommodation (if appropriate) and other essential requirements, such as bathroom facilities



• install adjustable, vibration-‐free seats in appropriate machinery and vehicles, and

• ensure the workplace and surroundings are well lit, safe and secure.

Individual factors and factors outside work

Some of the ways to address individual factors and factors outside work include:

• provide training and information on fatigue management (see below).

Emergencies and unexpected events

Where applicable, planning for emergencies and unexpected events (e.g. staff shortages, plant breakdowns and situations where staff are called back to work) should address control measures to prevent fatigue and other risks outlined in this document.

Training and information

Preventing work-‐related fatigue should include training and information on:

• the OHS responsibilities of everyone in the workplace

• the body clock and how fatigue can affect it

• risk factors for fatigue

• symptoms of fatigue

• effective control measures for fatigue such as work scheduling

• procedures for preventing fatigue such as incident reporting

• effects of medication, drugs and alcohol

• nutrition, fitness and health issues relating to fatigue

• balancing work and life demands, and

• pecific training and education for managers and supervisors.

• Note – training should be arranged so it is available to all workers on all shifts. If workers must attend training outside normal shifts, it should be considered work time and rosters adjusted accordingly.



Monitoring and review of control measures

To best prevent work-‐related fatigue, procedures must be monitored, evaluated and reviewed. Have control measures been implemented as planned? Are they working? Are there any new problems?

In determining the frequency of the monitoring and review processes, consider:

• the level of risk – high-‐risk hazards need more frequent assessments

• the type of work practice, schedule or plant involved

• a regular review of the process for hazard identification, risk assessment and risk control to ensure the risks are effectively managed

• review incidents, near misses, injuries and other data, such as absenteeism and staff turnover rates to establish if they could be attributable to fatigue, and

• further review of control measures when methods, tasks, equipment, hazards, operations, procedures, rosters or schedules are introduced or the environment changes or there is any indication risks are not being controlled.

Reporting fatigue

• On occasions circumstances may arrive that are outside a persons control and may result in inadequate sleep e.g sick child, relationship problems etc.

• The system must have in place alternatives that recognises this and they should be able to report to the scheduler/supervisor rather than put themselves or others at risk, without being “punished”.



Additional resources



Print based:

• NRTC (1996) Course for Fatigue Management for Drivers of Heavy Trucks (Trainer and Participant Manuals, resource file and Fatigue Management and Relaxed Awareness audiotape)

• Hawthorn, N.L. and Heffernan, C.J. (1989) Fatigue in Truck Accidents. Report #3. Monash University accident Research Centre: Victoria

• Hawthorn, N.L. and Heffernan, C.J. (1989) Information for Development of Education programs to reduce Driver Fatigue. Report #4. Monash University Accident Research Centre: Victoria

• Hawthorn N.L. (1996) Factors affecting the Success of Educational programs to Reduce Driver Fatigue. Paper presented to the Second International Conference on ‘Fatigue and Transportation’. Monash University Accident research Centre: Victoria

• National Transport Commission (2008) Heavy Vehicle Driver Fatigue National Model Legislation

• NRTC (1995) Guidelines for Fatigue Management Programs for Truck Drivers. Victoria

• NRTITC (1992) The Truck Drivers Manual