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Fatigue Management Procedure

Version 1.1 Updated 3 Jun 2022
Policy Manage

Who can use this procedure

This procedure can be used by all employers.

Commentary

Under the relevant health and safety legislation (the ‘Legislation’) and associated regulations and codes of practice, the primary duty imposed on a person conducting a business or undertaking (‘PCBU’) is to eliminate or minimise, as far as reasonably practicable, the risks to health and safety in the workplace. For the purposes of the relevant Legislation, an employer is a PCBU and therefore bears the primary responsibility.
Compliance with this procedure will assist a PCBU to meet its obligations under the relevant Legislation, associated regulations and codes of practice.

For further guidance on scheduling and planning for shift workers, refer to Safe Work Australia - Guide for Managing the Risk of Fatigue at Work (the Guide). The Guide is generally applicable to all types of work and all workplaces covered, including workplaces that are mobile, temporary and remote.

The Guide can also be used by managers, supervisors, workers (including volunteers and contractors), health and safety representatives and other persons at the workplace to assist with managing the risks associated with fatigue in the workplace.

This procedure also contains general information on the specific legal requirements for heavy vehicles. The Heavy Vehicle National Law (HVNL) and Regulations commenced on 10 February 2014 in Queensland, New South Wales, Victoria, South Australia, The Australian Capital Territory and Tasmania. The Northern Territory have stated that they will not adopt the HVNL until it is demonstrable that they are workable in remote Australia. Western Australia will not commence the HVNL. These laws regulate fatigue management for heavy vehicle drivers. For more specific guidance on HVNL more information is available on the National Heavy Vehicle Regulator’s website.

Employers should ensure that they have a separate Risk Management Procedure, in addition to this Fatigue Management Procedure.

 

Important note to subscribers 

The commentaries and documents in Workplace are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document. 

This document has been drafted to suit a wide variety of businesses. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.

This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.

If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You may also wish to consider contacting Australian Business Lawyers & Advisors for targeted advice on your business’s specific needs.

You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.

After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants.

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