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For more information about our nationally recognised face to face courses…
For more information about our
awareness online courses…
Here is some Information about the new National TLISC Nationally Recognised Programs is below:

Chain of Responsibility (CoR) legislation extends the general liability for offences to road freight consignors, receivers, packers and loaders. Rather than pursue the ‘soft target’ on the roadside – truck drivers and operators – authorities can now investigate along the supply chain and up and down the corporate chain of command. The days of ‘all care and no responsibility’ are over.

CoR is similar to the legal concept of ‘duty of care’ that underpins Workplace Health and Safety (WHS) law. This approach has long been used by the courts to impose liability in negligence and damages claims.

CoR legislation is already a feature of laws covering mass and dimension limits, load restraint requirements, driving hours and dangerous goods laws. The laws have also been expanded to include fatigue, speeding and vehicle standards. Penalties and sanctions range from formal warnings to court imposed fines and penalties relating to the commercial benefit derived from offences. Supervisory intervention orders and prohibition orders banning individuals from the industry can be applied to ‘persistent or systematic’ offenders.

Who should do the new National “Chain of Responsibility” courses on a yearly basis?

Consignors

Consignees

‣ Packers

Loaders & Unloaders

Drivers

Schedulers

Drivers

Receivers

Carriers

Manufacturers

Employees

Employers

Owners

‣ Board of Directors

Senior officials

Dispatch Officers

Operators

Person in charge or apparently in charge of a vehicle

Agents

Sub Contactors

Authorised Officers

Elected Councillors

‣ External Clients

Forwarders

Dispatchers

Yard Foremen

Safety Regulators

Police / Enforcement Officials

The Public

Anyone involved in the transport supply chain or uses road transport services for business.

Parties in the ‘Chain of Responsibility’ (in addition to the driver) include:

the employer of a driver

the prime contractor of a driver

‣ the operator of a vehicle

the scheduler of goods or passengers for transport by the vehicle and also the scheduler of its driver

both the consignor and consignee of the goods transported by the vehicle

the loading manager i.e. the person who supervises loading or unloading or manages premises where regular loading or unloading occurs

and the loader and unloader of the goods carried by the vehicle

At the end of these online programs you will understand how to comply with the new legislation. You will understand what ‘reasonable steps’ can be taken to prevent a breach from occurring in your workplace or as a result of your activities. There are no limits to the ways in which you can do this. What constitutes reasonable steps will vary according to each individual’s circumstances. You may need to change the way you do business on a daily basis. Taking reasonable steps could include:

developing an industry code of practice

use of accreditation schemes

‣ reviewing your business practices

changing your commercial arrangements

adopting a risk management approach

Taking ‘reasonable steps’ changes

In order to align with national workplace health and safety law, since the CoR Law changes in 2018, the primary duty obligation will be assessed against the “so far as is reasonably practicable” test, rather than the “reasonable steps” standard.

“Reasonably practicable” means something that is, or was at the time, reasonably able to be done to ensure health and safety, while considering and weighing up all relevant matters including:

The likelihood of the risk occurring

The degree of harm

What the person knows about the risk

Ways to remove or reduce the risk & whether they are feasible, and

Cost of modifying is proportional to the risk

The basis for the new law is the establishment of a positive duty: an obligation to eliminate and minimise public risks by doing everything reasonable to ensure transport related activities are safe.

This means that all parties must actively prevent breaches and eliminate any arrangement that may cause or encourage another to break the law.

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