Chain of Responsibility (or CoR) is inherently a complicated set of rules brought around by the Heavy Vehicle National Law (or HVNL), adopted by all states except that of the Northern Territory and Western Australia.
When it comes to Basic Fatigue Management (or BFM), and the management of Basic Fatigue, managing your liability in Chain of Responsibility (or CoR) is not an easy task. It makes it even more complicated when there are different rules for managing fatigue. We know there is Basic Fatigue Management (or BFM), but there are also other frameworks to ensure the correct management of fatigue, such as Standard Hours and Advanced Fatigue Management (or AFM) to consider as well. The first element to bring to your attention is the inclusion or exclusion of the word ‘Management’ in the three elements. While all three sets of fatigue rules need a degree of management, the more complicated of the two carry the word itself; management.
Basic Fatigue Management (or BFM) is the most common between Advanced Fatigue Management and Basic Fatigue Management (or BFM). Both of which require significant more attention to detail than that of Standard Hours, when managing fatigue.
When it comes to Standard Hours, anyone correctly licensed can jump in a heavy vehicle (GVM of 4.5T or more) with a driver work diary and drive more than 100klm or less than 100klm and a daily run sheet to correctly record all driving, work and rest carried out by the driver. As long as the driver maintains the correct rest breaks and does not drive or work for more than 12 hours in any day and ensures the correct rest days away from the truck each week, then they would be deemed compliant and can driver under the Standard Hours framework of fatigue management within a transport task.
Advanced Fatigue Management (or AFM) differs to Basic Fatigue Management (or BFM) in that it requires much more policy framework, as well as procedures within the organisation. As well as the Advanced Fatigue Management (or AFM) accreditation itself issued only by the National Heavy Vehicle Regulator (or NHVR) and the right competency-based training within the business to carry on business under Advanced Fatigue Management (or AFM) rules.
For a business to operate under Basic Fatigue Management (or BFM) rules correctly, it must comply with the Heavy Vehicle National Law (or HVNL) in such a way that they comply with the regulations set out by it, but also carry the correct accreditation. The accreditation is one which can only be endorsed by and be issued by the National Heavy Vehicle Regulator (or NHVR), once the business applies for it through the National Heavy Vehicle Regulator (or NHVR) via an accredited auditor, has passed the relevant audit and paid an application fee.
Basic Fatigue Management (or BFM) is not something that any one person or business can claim they are legally allowed to operate under, without first ensuring the correct set of procedures are in place, training and importantly, the accreditation issued in Australia only by the National Heavy Vehicle Regulator (or NHVR). To apply and obtain the accreditation, not only do you need robust processes in place, you also need to ensure that drivers and schedulers are trained in Basic Fatigue Management (or BFM) and that the business can demonstrate that they are compliant by demonstrating adequate processes to meet six minimum standards.
None of this is an easy road, but although Basic Fatigue Management (or BFM) allows for more flexible options for a business involved in a transport task, it does require time, energy and as a result extra cost within the business which wishes to obtain a BFM accreditation.
Importantly though, any business involved in a transport task as of the 1st October 2018, should recognize that most of the standards to obtain accreditation in Basic Fatigue Management (or BFM), are required of the business to ensure a compliant transport task and to ensure that its legal liability under the Heavy Vehicle National Law (or HVNL) is appropriately managed. So the step to Basic Fatigue Management (or BFM) should naturally be fairly straight forward and only insure some extra elements within a business to manage which would enable the accreditation of the transport task in Basic Fatigue Management (or BFM), such as training itself and the management of the training within the organisation and some more policy and procedure around the management of the fatigue in the drivers that operate within the business, so as to adequately demonstrate that appropriate management of fatigue exist within the transport task.
If you have any questions in your Basic Fatigue Management (or BFM) accreditation, then please get in touch with a reputable consultant with up to date knowledge of Chain of Responsibility (or CoR) to help you with your ongoing compliance today.
Written by Matthew Wragg
Director and Principal Consultant