Compliance with this procedure will assist the company in meeting its obligations under the relevant health and safety legislation (the “Legislation”), associated regulations and codes of practice.
Under the Legislation the primary duty to eliminate or minimise, as far as reasonable practicable, the risks to health and safety in the workplace is imposed on a person conducting a business or an undertaking (“PCBU”). For the purposes of the Legislation, an employer is a PCBU and therefore bears the primary responsibility.
For further guidance in scheduling and planning for shift workers refer to Safe Work Australia Code of Practice-Preventing and Managing Fatigue in the Workplace [With effect from 1 January 2012 in some States and shortly thereafter in the remaining States and Territories].
The guidance in the Safe Work Australia Code of Practice-Preventing and Managing Fatigue in the Workplace is generally applicable to all types of work and all workplaces covered by the Legislation, including workplaces that are mobile, temporary and remote.
This Safe Work Australia Code of Practice-Preventing and Managing Fatigue in the Workplace 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.
However, it does not cover specific information on how to manage fatigue under road transport heavy vehicle driver fatigue laws. This information is available in the National Transport Commission’s Guidelines for Managing Heavy Vehicle Driver Fatigue.
Important note to subscribers
The commentaries and documents in HR Advance 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, with a number of options available to enable you to customise the document to better suit your business. 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 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. |
Further information
Further information on how to use this document can be found at the 'How to use these policies' link on the Policies page of the HR Advance website.
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