There is no specific legislation in OHS legislation on this issue, and it's not possible to give a specific number of hours or kilometres that would be "ok" for people, because so many things need to be taken into account.
Many people drive as part of their jobs: driving heavy vehicles; delivering goods or services; getting from one place to another; etc.
For drivers of heavy vehicles there IS legislation: under the Victorian Road Safety Act, with working and rest hours now regulated for these drivers. The fatigue laws, implemented in September 2008, set revised work and rest limits for heavy vehicle drivers and require better management of driver fatigue. The reform makes all parties in the supply chain legally responsible for preventing driver fatigue. It provides three work hours options, linked to safety, that operators can choose from to suit their business. The new laws are consistent with current obligations under Occupational Health and Safety (OH&S) laws that also require employers and employees take all reasonably practicable steps to manage driver fatigue. Heavy vehicle operators have a range of information and schemes available to assist them to manage this aspect of their operations. For more information go to theFatigue Management page of the VicRoads website. Part 10A of the Road Safety Act is specifically on fatigue.
Nevertheless, even when there is no specific legislation, the employer has a duty of care under Victorian OHS Act to provide and maintain a healthy and safe workplace, systems of work, plant and so on for all employees. In the case of employees who are required to drive, the following factors (at least) need to be considered in order to try to ensure that fatigue levels are minimised:
- hours 'on the road' (not only those driving)
- driving conditions (traffic, country roads, etc)
- time of day/night
- overall length of working day
- type and state of vehicle (certain vehicles are covered under the Road Safety Act)
- potential of worker being stranded if car breaks down/accident
- what other work they were also doing (eg physical work, like loading/unloading; emotionally demanding work - eg dealing with difficult "clients", potential of violence, etc)
- past incidents (not only accidents and near misses, but incidents of violence/potential incidents, reports of stress, etc)
- discussions with relevant unions
- Clauses in the relevant Award, Enterprise or Workplace Agreement
Shift-work and car accidents
Shift-work is the greatest sleep-related factor contributing to motor vehicle accidents, an Australian study has found. The lead author of the study said that sleepiness, particularly related to shift-work, needs to be emphasised as a risk factor for motor vehicle collisions. He added that the results showed employers need to look after shift-workers better — suggesting 10-hour breaks between shifts, limited weekly rosters and taxis home from work.
If driving and fatigue is an issue at your workplace, then there should be a meeting between management and all the OHS reps and relevant unions to consider all the above, and develop a policy and procedures.
- Guide to safe work related driving - A handbook to workplaces published in November 2008
- A Safety Solution: Work-related driving - Selecting safe vehicles (March 2009)
WorkSafe Western Australia seems to be one jurisdiction which has some guidance materials which may assist:
- Basic principles of fatigue management - Advice from the Transport and Storage program of WorkSafe Victoria.
- Developing a fatigue management system for commercial drivers and operators in Western Australia
- The WA Government introduced regulations in July 2003, supported by an amended Code of PracticeFatigue management for commercial drivers, which can be downloaded from this page(189k).
- Is your vehicle a safe workplace?
Fatigue and Road Transport
- Fatigue Management on the VicRoads website
Other useful materials:
- From the UK union Unison, Safer Driving at Work [pdf] advice for OHS reps when negotiating with employers where members drive as part of their job. It looks at OHS issues and is NOT intended as a guide for professional drivers.
- Road Freight Transport Health and Safety Guide - a Queensland Govt document which looks at a number of issues, including fatigue, stress and the physical condition of the vehicle.
- NSW Road Transport (Safety and Traffic Management) (Driver Fatigue) Regulation 1999
- The UK Health and Safety Executive (the equivalent of the WorkSafe Victoria) has published a guideDriving at Work - Managing work-related road safety (pdf file). While the advice on legal responsibility is specific to the UK, the publication contains advice on managing work-related road safety and on integrating it into existing health and safety arrangements.
- Other useful publications from UK accident prevention group RoSPA in a driving for work series are written for employers, particularly line managers, and are available free online (pdf files). These are:
- The US Occupational Safety and Health Administration (OSHA), the National Highway Traffic Safety Administration and the Network for Employers for Traffic Safety has published a 32 page booklet Guidelines for Employers to Reduce Motor Vehicle Crashes [pdf]. It contains information to assist employers in designing an effective driver safety program to keep employees safe on the road.
- From the UK Health and Safety Executive:Vehicles at work checklist What employers should consider to reduce the risk from vehicles in the workplace.
There is also a Vehicle Inspection Checklist on this site.