81B   Duty to assess and manage fatigue of drivers

(1)  An employer must not cause or permit any of its employees to transport freight long distance unless:

(a)  the employer has assessed the risk of harm from fatigue to the employee’s health or safety in doing so, and

(b)  to the extent to which the employer’s activities contribute to that risk:

(i)  the employer has eliminated the risk, or

(ii)  if elimination of the risk is not reasonably practicable, the employer has controlled the risk.

Maximum penalty: Level 4.

Note. Employers of drivers are also covered by clauses 10 and 11 of this Regulation. Clause 11 provides that an employer must eliminate any reasonably foreseeable risk to the health or safety of any employee of the employer or if it is not reasonably practicable to eliminate the risk, then the employer must control the risk.

(2)  A head carrier must not enter into a contract with a self-employed carrier under which the self-employed carrier undertakes to transport freight long distance unless:

(a)  the head carrier has assessed the risk of harm from fatigue to the health or safety of any driver who transports freight long distance under the contract, and

(b)  to the extent to which the head carrier’s activities contribute to that risk:

(i)  the head carrier has eliminated the risk, or

(ii)  if elimination of the risk is not reasonably practicable, the head carrier has controlled the risk.

Maximum penalty: Level 4.

(3)  A consignor or consignee must not enter into a contract with a self-employed carrier under which the self-employed carrier undertakes to transport freight long distance unless:

(a)  the consignor or consignee has assessed the risk of harm from fatigue to the health or safety of any driver that transports freight long distance under the contract, and

(b)  to the extent to which the consignor or consignee’s activities contribute to that risk:

(i)  the consignor or consignee has eliminated the risk, or

(ii)  if elimination of the risk is not reasonably practicable, the consignor or consignee has controlled the risk.

Maximum penalty: Level 4.