New approach to fatigue management needed: NatRoad

The National Road Transport Association (NatRoad) has provided the National Transport Commission with a comprehensive submission proposing reinvention of national fatigue management laws.

Commenting on the submission, CEO of NatRoad Warren Clark said: “NatRoad provided the NTC with a number of case studies prior to the publication of its Issues Paper on fatigue management.

“Each of those case studies about real member experiences shows the unfairness and absurdity of the current fatigue management laws in the Heavy Vehicle National Law.

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“What other Australian worker expects to receive a fine of $165 for not recording some information in a work diary? No one does. But truck drivers put up with these indignities every day,” Mr Clark added.

“Administrative fines for an error in failing to sign and date a diary page have little to do with controlling the risks of driving whilst fatigued. That is, however, the unfortunate focus of the current Heavy Vehicle National Law (HVNL) relating to fatigue management. You can be compliant but still fatigued.

“NatRoad wants to see a system where enforcement under the new HVNL should target the most significant threats and consequences associated with driving fatigued. Enforcement efforts and sanctions should align with these threats and consequences. They should also be proportional to the severity of the risk.

“A first warning system for record-keeping should be implemented with failure to improve within a time limit set as the point at which any sanction for administrative breaches is imposed. No restrictive diary requirements should be in play,” he said.

Mr Clark went on to say that the current system is dysfunctional, as shown by the case studies set out in the Issues Paper and added to in the NatRoad submission.

“Fatigue is a work health and safety issue and all drivers should be covered by a system that views fatigue management from a health and safety point of view. Therefore, one of the main conclusions of the NatRoad submission is that reform based on the WA system (where fatigue is regulated via work health and safety law) underpinning a performance-based system should be introduced. This is an outcome that would assist regulators and the industry.

“NatRoad looks forward to continuing to assist the NTC in this vital review,” Clark concluded.

You can read the submission in its entirety here.