Chapter 12.7: Chain of Responsibility
Abstract
Chain of Responsibility (CoR) places legal obligations on parties within the heavy vehicle road transport supply chain and has implications across various transport industries. Initially developed for the heavy vehicle industry, key principles of CoR, such as shared responsibility, are increasingly being recognised across different modes of transport worldwide. Changes to CoR laws introduced into the Heavy Vehicle National Law (HVNL) in 2018 strengthened alignment with general occupational health and safety (OHS) legislation and emphasised the shared accountability of multiple parties for safety breaches related to the use of heavy vehicles. A person can hold multiple roles in the supply chain, each of which may require different risk-management strategies.
This chapter explores the CoR concept in the context of transport safety. It equips generalist OHS professionals to effectively navigate the multidisciplinary transport sector, particularly with regards to managing the risks to public safety created by the actions or inactions of CoR parties. It provides evidence-based insights that clarify legal obligations under the HVNL and advocates a proactive, informed approach to heavy vehicle safety management that aligns with general OHS laws.
Keywords
Chain of Responsibility, due diligence, duty of care, HVNL, NHVR, primary duty, transport activities, public safety, safety
Current Version: March 2025
Chapter 12.7: Chain of Responsibility
Table of Contents
| 1 | Introduction |
| 1.1 | Chapter scope |
| 2 | Extent of the problem |
| 3 | The CoR concept |
| 3.1 | Development |
| 3.2 | CoR parties |
| 3.3 | Shared responsibility |
| 4 | Legislation |
| 4.1 | Primary duty |
| 4.2 | Due diligence |
| 4.3 | Offences |
| 5 | The boundary of duty |
| 6 | Risk management |
| 7 | Understanding the hazards and risks |
| 7.1 | Vehicle-related hazards |
| 7.2 | Driver-related hazards |
| 7.3 | Sources of hazards and risk |
| 8 | Control of core hazards |
| 9 | A systems approach to managing CoR |
| 10 | Implications for OHS practice |
| 11 | Summary |
| References | |
| Appendix |
Chapter 12.7: Chain of Responsibility
Authors
Primary Contributor
Jo Flitcroft, Group General Manager, Zero Harm Systems and Projects, Downer
Technical Advisors
Greg Cain, Industry Services Manager, Victorian Transport Association
Nathan Cecil, Partner, Holding Redlich
John Daymon, Transport Manager, Downer
Kym Farquharson-Jones, Chain of Responsibility Lead, Primary Connect
Denise Zumpe, Director, CoR Comply
Learning Outcomes: Chain of Responsibility
The OHS Body of Knowledge takes a conceptual approach, which enables it to be applied in different contexts and frameworks.
To optimise its value for education and professional development learning outcomes have been developed for each technical chapter in the Body of Knowledge.
The learning outcomes as described give an indication of what should be the capabilities of an OHS professional; it is up to those developing OHS education programs, OHS professionals planning their CPD or recruiters or employers selecting or developing people for the OHS function to consider the required breadth vs. depth.
Please read the section on using the learning outcomes before delving into the learning outcomes of the individual chapters.
The numbers against each learning outcome refer to the chapter number of the BOK download page. No learning outcomes have been developed for the chapters considered introductory or underpinning knowledge (that is, chapters 1, 2, 3, 4, 5, 6, 7, 1, .13, 14, 15.)
| Cognitive level | What the graduate should be able to do | Context | Level | |
|---|---|---|---|---|
| Operational activities that a new graduate generalist OHS professional would be expected to undertake related to the topic. | 5 | 12.7-1 Lead and /or support the development of a system-based, risk management approach to chain of responsibility in heavy vehicle operations. | Within a small organisation or section of a larger organisation. With support/input of experienced OHS professionals and technical and industry advisors. | Demonstrating an understanding of the concept of chain of responsibility. Demonstrating an understanding of the Heavy Vehicle National Legislation, the role of the Heavy Vehicle National Regulator and any state specific legislation. |
| Well-developed/advanced cognitive and technical skills to analyse, critically evaluate and transform information to complete activities related to the topic. | 5 | 12.7-2 Lead and/or support systematic identification of hazards in heavy vehicle operations. | Within a small organisation or section of a larger organisation. With support/input of experienced OHS professionals and technical and industry advisors. | Seeking the input of drivers and parties within the chain of responsibility. Addressing core hazards related to the vehicle and the driver and the sources of the hazards. Recognising the potential range of impacts including driver, other road users, other users in the chain of responsibility, public infrastructure, the environment and truck and equipment damage. |
| Analyse and generate solutions to complex problems related to the topic. | 5 | 12.7-4 Contribute to the formulation of risk control strategies for specific hazards in heavy vehicle operation. | Within a small organisation or section of a larger organisation. With support/input of experienced OHS professionals and technical and industry advisors. | Seeking the input of drivers and parties within the chain of responsibility. Applying the hierarch of control as it applies in heavy vehicle operations. Demonstrating an understanding of the Heavy Vehicle National Legislation and any state specific legislation. Recognising the potential impacts on drivers and various parties in the chain of responsibility. |
| Transmit knowledge, skills and ideas to others | 3 | 12.7-5 Explain the principles and application of a systematic approach to risk management as applied in heavy vehicle operations. | As applied to a nominated situation. Within a small organisation or section of a larger organisation. | Demonstrating a knowledge of OHS management system development and application. Using language and communication strategies appropriate to the audience. |
| 3 | 12.7-6 Explain the principles and application of the hierarchy of control applied to heavy vehicle operations. | As applied to a nominated situation/incident. | Demonstrating knowledge of standard controls applied in heavy vehicle operations. Using language and communication strategies appropriate to the audience. |
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| Demonstrate the required underpinning science and/or psychology knowledge |
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| Integration of knowledge from other chapters. | 10.1 The Organisation; 10.2 1 and 10.2.2 Organisational culture; 12.1 Systems; 12.2.1 Rules and Procedures; 31.1 Risk; 31.2 OHS risk and decision-making;34.1 Prevention and Intervention; plus, hazard-specific chapters 19 Psychosocial hazards; 20 Fatigue, 30 Vehicles and operational road use. |
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