For more information about our nationally recognised face to face courses click here
For more information about our awareness online courses click here
Here is some Information about the new National TLISC Nationally Recognised Programs is below:
|Course Name||PDF Link|
|TLIF0009 – Ensure the safety of transport activities (Chain of Responsibility)|
|TLIF0014 – Monitor the safety of transport activities (Chain of Responsibility)|
Chain of Responsibility (CoR) legislation extends the general liability for offences to road freight consignors, receivers, packers and loaders. Rather than pursue the ‘soft target’ on the roadside – truck drivers and operators – authorities can now investigate along the supply chain and up and down the corporate chain of command. The days of ‘all care and no responsibility’ are over.
CoR is similar to the legal concept of ‘duty of care’ that underpins Workplace Health and Safety (WHS) law. This approach has long been used by the courts to impose liability in negligence and damages claims.
CoR legislation is already a feature of laws covering mass and dimension limits, load restraint requirements, driving hours and dangerous goods laws. The laws have also been expanded toinclude fatigue, speeding and vehicle standards.
Penalties and sanctions range from formal warnings to court imposed fines and penalties relating to the commercial benefit derived from offences. Supervisory intervention orders and prohibition orders banning individuals from the industry can be applied to ‘persistent or systematic’ offenders.
Who should do the new National “Chain of Responsibility” courses on a yearly basis?
- Board of Directors
- Senior officials
- Dispatch Officer
- Person in charge or apparently in charge of a vehicle
- Sub contactor
- Authorised officer
- Elected Councillors
- External Clients
- Yard Foreman
- Safety Regulators
- Police / Enforcement Officials
- Sub Contractors
Anyone involved in the transport supply chain or uses road transport services for business. Parties in the ‘Chain of Responsibility’ (in addition to the driver) include:
- the employer of a driver
- the prime contractor of a driver
- the operator of a vehicle
- the scheduler of goods or passengers for transport by the vehicle and also the scheduler of its driver
- both the consignor and consignee of the goods transported by the vehicle
- the loading manager i.e. the person who supervises loading or unloading or manages premises where regular loading or unloading occurs
- and the loader and unloader of the goods carried by the vehicle
At the end of these online programs you will understand how to comply with the new legislation. You will understand what ‘reasonable steps’ can be taken to prevent a breach from occurring in your workplace or as a result of your activities.
There are no limits to the ways in which you can do this. What constitutes reasonable steps will vary according to each individual’s circumstances. You may need to change the way you do business on a daily basis. Taking reasonable steps could include:</p >
- developing an industry code of practice
- use of accreditation schemes
- reviewing your business practices
- changing your commercial arrangements
- adopting a risk management approach
Taking ‘reasonable steps’ changes
In order to align with national workplace health and safety law, since the CoR Law changes in 2018, the primary duty obligation will be assessed against the “so far as is reasonably practicable” test, rather than the “reasonable steps” standard.
“Reasonably practicable” means something that is, or was at the time, reasonably able to be done to ensure health and safety, while considering and weighing up all relevant matters including:
- The likelihood of the risk occurring
- The degree of harm
- What the person knows about the risk
- Ways to remove or reduce the risk & whether they are feasible, and
- Cost of modifying is proportional to the risk
The basis for the new law is the establishment of a positive duty: an obligation to eliminate and minimise public risks by doing everything reasonable to ensure transport related activities are safe.
This means that all parties must actively prevent breaches and eliminate any arrangement that may cause or encourage another to break the law.