Fatigue Management: When Did Legislation Become Law?

Fatigue management is a critical aspect of ensuring the safety and well-being of individuals in various industries, particularly those engaged in safety-critical tasks such as driving or medical procedures. The Heavy Vehicle National Law (HVNL), adopted by most states on February 10, 2014, specifically addresses fatigue-regulated heavy vehicles and sets forth work and rest requirements for drivers. This legislation aims to mitigate the risks associated with driver fatigue, which can impair an individual's performance similarly to having a blood alcohol content above the legal limit. While the HVNL provides a regulatory framework for fatigue management in the heavy vehicle industry, other sectors, such as maritime operations and general workplaces, also recognize the importance of addressing fatigue to safeguard the health and safety of their workers and the public.

Heavy Vehicle National Law (HVNL)

The Heavy Vehicle National Law (HVNL) regulates the use of heavy vehicles with a gross vehicle mass of over 4.5 tonnes. It came into effect on 10 February 2014 and is currently enforced in the Australian Capital Territory, excluding Western Australia and the Northern Territory. The National Transport Commission (NTC) is responsible for maintaining and improving the HVNL, while the National Heavy Vehicle Regulator (NHVR) administers and enforces it.

The HVNL consists of the Heavy Vehicle National Law and five sets of supporting regulations:

• Heavy Vehicle (General) National Regulation
• Heavy Vehicle (Fatigue Management) National Regulation
• Heavy Vehicle (Mass, Dimension and Loading) National Regulation
• Heavy Vehicle (Vehicle Standards) National Regulation
• Heavy Vehicle (Registration) National Regulation

The NHVR operates under a single fee structure for access permits, NHVAS accreditation, and the National Driver Work Diary. It investigates serious contraventions of the HVNL, focusing on the primary safety duties of parties in the chain of responsibility in all participating jurisdictions. The NHVR Prosecutions team enforces the HVNL in these jurisdictions.

The HVNL classifies heavy vehicles as those with a gross vehicle mass of at least 12 tonnes, buses with a gross vehicle mass of 4.5 tonnes capable of carrying more than 12 adults, and trucks weighing over 12 tonnes with attached equipment. It mandates that drivers must not operate these fatigue-regulated heavy vehicles if they are impaired by fatigue. Drivers are required to comply with maximum work hours and minimum rest limits, such as not driving for more than 12 hours during a 24-hour period.

The HVNL offers three options for addressing fatigue: Basic Fatigue Management, Advanced Fatigue Management, and Standard hours. Basic and Advanced Fatigue Management require accreditation through the completion of training programs offered by registered training organizations (RTOs). Advanced Fatigue Management provides tailored work and rest hours, while Standard hours apply to drivers without fatigue management accreditation.

Workplace health and safety laws

Under the WHS Act, persons conducting a business or undertaking (PCBUs) must minimise the risk of fatigue as much as possible. Employees also have a duty of care for their safety and the safety of others. This includes recognising the signs of fatigue, such as difficulty concentrating, sleeping or dozing at work, and reduced hand-eye coordination, and resting instead of continuing to work.

To comply with workplace health and safety laws, employers can take several steps to minimise fatigue. This includes shift and rostering design, changes to the work environment, and providing adequate support. Employers can also use shift rotations or give employees additional time off to recover from fatigue.

In addition to general workplace health and safety laws, specific legislation exists for fatigue-regulated heavy vehicles. The Heavy Vehicle National Law (HVNL), adopted by most states on February 10, 2014, classifies certain vehicles as heavy vehicles, including those with a gross vehicle mass of at least 12 tonnes and buses with a gross vehicle mass of 4.5 tonnes that can carry more than 12 adults. Drivers of these vehicles must not operate them if they are impaired by fatigue, even if they comply with work and rest requirements.

To summarise, workplace health and safety laws regarding fatigue aim to protect workers and ensure that employers take necessary steps to minimise fatigue-related risks. Both employers and employees have a duty of care to recognise and address fatigue in the workplace.

Driver fatigue laws

In the United States, the Federal Motor Carrier Safety Administration (FMCSA) has established Hours of Service (HOS) rules, which set specific regulations for commercial truck drivers' work and rest periods. Drivers are limited to a maximum of 11 hours of driving per day after a 10-hour off-duty period and are prohibited from driving beyond the 14th hour after going on duty. Additionally, they must not drive more than 60 hours in one week or 70 hours in eight days. These rules were updated in 2020, with changes including an extension of the on-duty period for short-haul drivers and a clarification of adverse driving conditions.

The FMCSA also requires the use of Electronic Logging Devices (ELDs) to record drivers' hours of service. These devices use GPS technology to monitor vehicle usage and help ensure compliance with HOS rules.

Non-compliance with HOS rules can result in significant penalties, including fines, negative impacts on safety ratings, and even legal liability if an accident occurs due to driver fatigue.

In Australia, the Heavy Vehicle National Law (HVNL), adopted on February 10, 2014, outlines driver fatigue laws. These laws apply to fatigue-regulated heavy vehicles, including vehicles with a gross vehicle mass (GVM) of over 12 tonnes and buses with a GVM of over 4.5 tonnes that can carry more than 12 adults. Drivers of these vehicles are prohibited from operating them if they are impaired by fatigue, even if they have complied with work and rest requirements.

Australia's National Heavy Vehicle Regulator (NHVR) offers Advanced Fatigue Management (AFM), which provides tailored work and rest hours for drivers. Additionally, the NHVR recommends the use of Electronic Work Diaries (EWDs) to monitor and record work and rest times.

Overall, driver fatigue laws are crucial in ensuring the safety of drivers and other road users. Compliance with these laws is essential to avoid accidents and legal consequences.

Fatigue management training

The Heavy Vehicle National Law (HVNL) was adopted by most states in Australia on February 10, 2014, and it includes regulations specifically addressing fatigue management. This legislation classifies certain vehicles as "heavy vehicles" and sets out work and rest requirements for their drivers.

Training in Fatigue Risk Management:

National Heavy Vehicle Regulator (NHVR) has developed training modules and units of competency for different roles in the heavy vehicle industry, such as drivers, schedulers, supervisors, and managers. These training programs are offered through Registered Training Organisations (RTOs) and provide critical information to effectively manage the risk of fatigue.

Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM):

BFM and AFM are two accreditation levels within the National Heavy Vehicle Accreditation Scheme (NHVAS). BFM gives operators more flexibility in managing work and rest hours, while AFM provides tailored work and rest hours to meet specific needs.

Course Delivery Options:

Course Content:

The fatigue management training courses cover various topics, including recognising signs of fatigue, implementing and monitoring fatigue management strategies, understanding work and rest requirements, and developing staff competence in fatigue management.

Course Outcomes:

By completing the relevant fatigue management training courses, individuals will be equipped with the skills and knowledge to manage fatigue risks effectively. This includes recognising the signs of fatigue, implementing strategies to minimise fatigue, and adhering to work and rest requirements.

Course Duration and Pricing:

The duration of fatigue management training courses can vary, with some courses taking as little as a few hours to complete. Prices for these courses can range from $75 to $675, depending on the level and mode of delivery.

Retraining and Certificate Renewal:

While there is no specified expiration date for a fatigue management training certificate, it is recommended to retake the training every three years to stay current with the latest information and best practices. Additionally, drivers are required to undergo a medical test every three years as part of their BFM and AFM requirements.

Fatigue management exemptions

Permits

Permits are granted to drivers or operators who cannot reasonably work under legislated fatigue management requirements. They are a helpful way to comply with the objectives of the Heavy Vehicle National Law (HVNL) and maintain road safety standards in a way that meets the needs of the applicant.

To be eligible for a fatigue management exemption, strict approval criteria must be met, and all requested supporting information must be provided in the application.

Types of Permits

• Fatigue record-keeping exemption: This permit is for operators who find it challenging to comply with the HVNL record-keeping requirements.
• Work and rest hours exemption: This permit allows greater flexibility for operators with operational demands that exceed the maximum work time limits and minimum rest time limits set by the HVNL. Applicants must demonstrate that Advanced Fatigue Management (AFM) or Basic Fatigue Management (BFM) limits do not suit their operational needs.
• Work diary exemption: This permit is for drivers with a reading, writing, or numeracy impairment that makes using a work diary very difficult. It allows the driver or operator to suggest an alternative way to record work and rest details, which can be transcribed into a work diary by a nominated person (scribe).

Notices

Notices exempt a class of drivers, drivers carrying out a class of work, or record-keepers of these drivers from complying with particular HVNL requirements for fatigue-regulated heavy vehicles.

Examples of Notices

• National Heavy Vehicle Emergency Services Work Diary and Record-Keeping Exemption Notice: Grants exemptions from work diary and record-keeper requirements for drivers of vehicles operating for, or under the direction of, an emergency service.
• National Heavy Vehicle Concrete Agitator Work and Rest Hours Exemption Notice: Provides alternative short rest break requirements for drivers of fatigue-regulated heavy vehicles carrying pre-mixed concrete.
• National Heavy Vehicle Work and Rest Hours Exemption (Personal Use – Standard Hours) Notice: Exempts specified categories of permitted personal activity from the definition of work, with the intention that those activities are not counted as work time for a driver under Standard Hours.
• National Primary Production Work Diary and Fatigue Record-Keeping Exemption Notice: Exempts drivers who carry out primary production work within a 160km radius of their base from having to carry and complete a National Driver Work Diary.

Frequently asked questions