Hubfleet expert tips for staying compliant in a risky industry

The transport industry is undeniably one of the most dangerous sectors in Australia, and the latest statistics paint a grim picture. In 2022 alone, there were 67 fatalities in the sector, giving a fatality rate of 9.5 per 100,000 workers.

With the number of deaths in 2024 already exceeding 90, it is clear that risks in the industry are increasing. These numbers underscore the critical need for a robust compliance culture focused on ensuring drivers are “fit for duty.”

Understanding the risks

Transportation is inherently risky. Every day, drivers are exposed to numerous threats, from unfavorable weather conditions to the possibility of encountering reckless drivers.

This risk is increased by the pressure of maintaining tight schedules, managing long working hours and coping with fatigue.

As the industry’s fatality rate suggests, these risks have real consequences, affecting not only those directly involved, but also their families and businesses.

Changing compliance priorities

Traditionally, transportation compliance may have been viewed as an administrative task to be addressed when time allows. However, this perspective needs to be changed.

Compliance is no longer just about checking boxes; it’s about protecting lives and ensuring the continued profitability of your business. As scrutiny of driver safety increases, active compliance has become a key priority.

Real-world implications: a personal account

My own experience clearly reminds me how important it is to follow the rules. Four years ago I had a serious accident. A car crossed into my lane and collided with my truck. Despite my efforts to avoid a collision, I found myself at the center of a police investigation. My truck was seized and I was taken to the hospital for a blood test.

The scrutiny was intense. My work log and vehicle were thoroughly checked.

Fortunately, everything was fine and I was cleared of the charges. However, if there had been discrepancies in my work log or if I had been under the influence of medication that made it difficult for me to drive, the outcome could have been very different.

This incident highlighted the critical role that accurate record keeping and personal fitness for duty play in protecting you and your business from legal and professional consequences.

Consequences of negligence

A recent case highlights the serious consequences of failing to ensure driver fitness.

Brett Andrew Button was sentenced to 32 years in prison following a tragic bus crash in the Hunter Valley in 2023. The accident, caused by Button’s erratic and reckless driving, resulted in ten deaths and numerous injuries.

The court’s decision underscored the seriousness of abdicating responsibility and the devastating impact it can have on innocent lives.

Driver responsibilities

As a driver, you have significant responsibility for your fitness to perform your duties. This raises several key issues:

• Fatigue management: Make sure you don’t feel tired and take statutory rest breaks.
• Substance use: Make sure you are not affected by prescription medications, over-the-counter medications, alcohol, or other substances.
• Health monitoring: Have your health checked regularly and look out for any medical conditions that may affect your ability to drive.
• Documentation: Keep an accurate and up-to-date work diary.

Driving while unfit can lead to serious consequences, including legal liability, loss of job and personal injury.

Business Responsibilities

Under the Heavy Vehicle National Regulations (HVNL), companies also have a key responsibility for ensuring safety. Section 26C places an obligation on all parties in the Chain of Responsibility (CR) to ensure, as far as possible, the safety of transport operations. Section 26D further requires management to exercise reasonable care to ensure compliance with security obligations.

To effectively manage driver fitness, companies should implement the following measures:

• Medical examinations before employment: Identify pre-existing medical conditions that may affect driving.
• Drug and alcohol testing: Regularly examine drivers to prevent driving irregularities.
• Current health assessment: Conduct an annual medical evaluation or post-event medical evaluation.
• Fatigue management: Provide fatigue awareness training and ensure drivers have access to appropriate rest areas.
• Support for a healthy lifestyle: Encourage healthy eating, exercise and adequate rest during breaks.

Failure to comply with these aspects not only threatens public safety, but also exposes the company to legal and financial consequences.

Implementing policies and procedures

To comply with HVNL and protect both your drivers and your business, it is essential to have solid policies and procedures in place. These should include:

• Speed
• Fatigue management
• Drugs and Alcohol
• Vehicle standards
• Mass
• Dimensions and load

Policies should be tailored to your specific business needs and operational practices. General rules are often insufficient and can lead to lack of compliance. Engaging a consultant or using resources such as NHVAS guides can help you develop effective, tailored policies.

Application

The high-risk nature of the transportation industry requires vigilant compliance with safety regulations. Ensuring that drivers are fit for duty is not just about avoiding legal problems; it’s about protecting life and supporting a culture of safety.

By prioritizing rigorous compliance and implementing comprehensive policies, companies can reduce risk and comply with their obligations under HVNL.

About the author

Glyn Castanelli has held a heavy vehicle driving license since 1989 and has a diverse career in the transport industry, including roles as a driver, owner-driver, heavy vehicle compliance officer and operations manager.

With four years of experience as a transportation compliance auditor, he continues to perform audits for NHVAS, WAHVA, AMCAS and CLOCS-A. Glyn is currently a Customer Success Consultant at Hubfleet, where he helps companies optimize Hubfleet’s security management system to effectively meet their compliance obligations. His extensive experience and current roles make him a valuable asset in promoting safety and compliance in the industry.

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