| If you talked to any fleet manager in the last 18 months about the biggest issues they face you would invariably hear about the usual suspects of depreciation, fuel and running costs. However, the biggest risk for organisations managing their transport tasks is the organisations’ duty of care responsibility. This issue has been somewhat of a sleeper, which is surprising given that the legal requirement has been around for some time. From our observations we get the distinct feeling that there is a low level of awareness by many boards, directors and senior managers as to the extent of the organisation’s legal responsibilities and the potential liabilities that emanate from it. Organisations must have a clear understanding of their duty of care responsibilities to ensure that no one is put at risk by the organisations transport tasks. This extends not only towards those employees who drive on behalf of the organisation but also to members of the general public. Adding to the difficulty for organisations, certainly from an Australian perspective with its ‘chain of responsibility’ and ‘fatigue management’ legislation, is that government has moved away from a prescriptive to a descriptive form of legislation. |
That is, rather than telling you what you must do it simply describes the outcome required, such as “have a system in place to provide a safe workplace environment”. In essence the organisation has a responsibility to actively manage for a safe environment where the organisation: • Owns, whether purchased or leased, a vehicle whether it is being used on company business or not. Should you allow employee spouses and family to drive the vehicle these activities also become the organisation responsibility to manage • Owns the transport task whether being performed in an employee owned or short term rental vehicle; • Outsourced the transport task to another organisation. There is still a residual responsibility to ensure that the task is adequately managed for a safe outcome. The Australian Fleet Managers Association is holding its International Fleet Conferences in Melbourne on 10 & 11 March where several aspects of the ‘duty of care’ responsibility will be presented. Please refer to the AfMA website www.afma.net.au for Conference details and registration. |
