Driver fatigue
Fatigue is an acute or ongoing state of tiredness that affects employee performance, safety and health and requires rest or sleep for recovery. It is one of the main causes of crashes involving heavy trucks and buses.
Comcare, consistent with the work of the National Transport Commission, is committed to ensuring the safety of drivers and the public with whom they share the road through the implementation of policies and practices addressing the management of fatigue. Managing driver fatigue is not just the responsibility of employers and employees in the transport industry but in all industries which utilise the services of heavy trucks and buses.
There are regulations covering driver fatigue under Part 11 of the Occupational Health and Safety (Safety Standard) Regulations 1994.
Hazards associated with fatigue
As outlined in the Guidelines for Managing Heavy Vehicle Driver Fatigue [pdf] (released by the National Transport Commission), fatigue can affect a person’s health, reduce performance and productivity, and can increase the chance of a workplace accident or road crash. Evidence also suggests that fatigued people are more likely to engage in risk-taking behaviour.
Risks associated with heavy trucks and buses
Driver fatigue is a potential risk for the drivers of any vehicle and all employers requiring employees to drive vehicles of any nature should consider the need to undertake a risk assessment as part of meeting their general duty of care to their employees. However, the greatest risks, both to the individual driver, and to the public, with whom they share the road, are associated with the driving of heavy vehicles over long distances.
Employers’ Duties
Part 2 of the Occupational Health and Safety Act 1991 (the Act) places obligations on duty holders to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to health.
To ensure that the risks are managed in accordance with the duties under the Act employers should systematically manage the risk to health and safety which can arise from the drivers of heavy trucks (with Gross Vehicle Mass of over 12 tonnes) and buses (whether commercial or non-commercial) experiencing fatigue.
Employers can systematically manage the risks by undertaking the following four-step risk management process:
1. identify the hazard;
2. assess the risk associated with the hazard;
3. control the risk; and
4. review the process
When undertaking risk management, employers must follow the relevant Commonwealth regulations and give consideration to the codes of practice. If no regulation or code exists in relation to a specific hazard or risk, employers should choose a reliable source of guidance to follow.
Relevant Commonwealth Regulations
Employers and employees must comply with Part 11 - Driver Fatigue of the Occupational Health and Safety (Safety Standards) Regulations 1994.
The regulations require:
- employers who are regularly in control of the drivers of heavy vehicles to develop and implement strategies to manage the fatigue of those drivers;
- that employers acting as consignors or consignees not impose unrealistic timeframes on drivers; and
- that drivers cooperate with their employers, and work in accordance with driver fatigue management plans.
It should be noted that driver fatigue management plans are not required to be a single consolidated document nor are they expected to relate to individual trips. Driver fatigue management plans are expected to include strategic information setting out the arrangements by which an employer will address a range of factors that impact on driver fatigue. This information may be contained in existing policies and procedures. The range of factors that employers must consider is set out in Part 11.07 of the regulations. The factors are designed to be consistent with the work of the National Transport Commission in its work on heavy vehicle driver fatigue.
The Driver Fatigue regulations include references to specific factors, eg., the management of work and rest times, being managed in a manner consistent with the National Transport Commission (Road Transport Legislation – Driving Hours Regulations) Regulations 2006.
Employers should note that the Commonwealth’s regulations do not override or replace state and territory road transport laws and employers should consult with local road agencies for information on state and territory road transport laws. The requirements of the Commonwealth regulations are designed to be consistent with those laws and the directions of the National Transport Commission’s heavy vehicle fatigue management reforms as has been negotiated with the states and territories.
Relevant Guidance Material
National Transport Commission - Fatigue Home Page includes a range of detailed information on the management of fatigue including the Guidelines for Managing Heavy Vehicle Driver Fatigue [pdf] (October 2006).
Further Information
For further information about this fact sheet, or others in the series, please contact Comcare on the general enquiry line 1300 366 979 or e-mail ohs.help@camcare.gov.au.
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