Occupational Safety and Health Amendment Regulations (No. 3) 2003 (WA)

1108 GOVERNMENT GAZETTE, WA 8 April 2003

WORKSAFE

WS301*

Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment

Regulations (No. 3) 2003

Made by the Governor in Executive Council.

1.           Citation

These regulations may be cited as the Occupational Safety and
Health Amendment Regulations (No. 3) 2003.

2.             Commencement

These regulations come into operation on 1 July 2003.

3.           The regulations amended

The amendment in these regulations is to the Occupational
Safety and Health Regulations 1996*.

[* Reprinted as at 19 July 2002.

For amendments to 5 March 2003 see Gazette
10 January 2003.]

4.             Part 3 Division 10 inserted

After Part 3 Division 9 the following Division is inserted —

44  

Regulations 2002;

Division 10 — Driving commercial vehicles

3.129. Application

This Division does not apply to a commercial goods vehicle, as defined in section 4(1) of the Transport Co-ordination Act 1966, that is required to be licensed under that Act.

3.130. Interpretation

In this Division —

"commercial vehicle" means —

(a)	an omnibus within the meaning of the Transport Co-ordination Act 1966;
(b)	a school bus within the meaning of the Road Traffic (Vehicle Standards)

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(c)	4.5 tonnes, or motor vehicle with a GVM over 4.5 tonnes within the meaning of those terms in the Road Traffic (Vehicle Standards) Regulations 2002 that is designed	any mobile plant with a GVM over item of equipment; or
(d)	any other motor vehicle with a GVM over 4.5 tonnes, within the meaning of those terms in the Road Traffic (Vehicle Standards) Regulations 2002 used or intended to be used for the carriage of goods for hire or reward;

"commercial vehicle driver" means a person who

drives a commercial vehicle in the course of work

and whose work time -

(a)	is more than 60 hours per week;
(b)	for more than once per week - is more than 10 hours in any 24 hour period; or
(c)	for more than once per week - includes the period from midnight to 5 a.m.;

"driver fatigue management plan", in relation to

commercial vehicle drivers, means a written
document setting out requirements and procedures

relating to -

(a)	scheduling trips;
(b)	rostering drivers;
(c)	establishing a driver's fitness to work;
(d)	education of drivers in fatigue management;
(e)	managing incidents on or relating to commercial vehicles; and
(1) establishing and maintaining appropriate

workplace conditions;

"responsible person at a workplace" means a person

who, at a workplace, is an employer, the main
contractor, a self-employed person or the person

having control of the workplace;

"work time", in relation to driving a commercial

vehicle, includes -

(a)	time spent doing work incidental to the driving;
(b)	time spent operating the mobile plant, where the commercial vehicle is plant;
(c)	time spent operating mobile plant transported on the commercial vehicle; and

1110 GOVERNMENT GAZETTE, WA 8 April 2003

(d) a break from driving, mobile plant operation

or incidental work lasting less than

30 minutes.

3.131. Driving commercial vehicles

(1) A responsible person at a workplace must ensure that a

commercial vehicle driver who is required to drive a
commercial vehicle that forms the whole or part of the

workplace -

(a)	drives the vehicle in accordance with regulation 3.132; and
(b)	is certified by a medical practitioner as fit to drive the vehicle.

Penalty: $25 000.

(2) A commercial vehicle driver who is required to drive a

commercial vehicle that forms the whole or part of a

workplace must -

(a)	drive the vehicle in accordance with regulation 3.132; and
(b)	be the holder of a certificate of a medical practitioner confirming his or her fitness to drive the vehicle.

Penalty for a person who commits the offence as an

employee: $5 000.

Penalty in any other case: $25 000.

(3) For the purposes of subregulations (1)(b) and (2)(b),

the certificate is to state that not more than 3 years
before the driving, the medical practitioner examined
and passed the commercial vehicle driver in

accordance with -

(a) the Medical Examinations of Commercial

Vehicle Drivers published by the Federal

Office of Road Safety and the National Road
Transport Commission; or

(b)

requirements exceeding or substantially referred to in paragraph (a).

3.132. Commercial vehicle operating standard

(1) A commercial vehicle driver must, so far as

practicable, have -

(a) for every 5 hours work time - breaks from

driving totalling at least 20 minutes including a
break from driving of at least 10 consecutive

minutes after 5 hours work time; and

(b) in any 14 day period - no more than 168 hours

of work time.

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(2) In addition to subregulation (1), a commercial vehicle

driver who drives without a relief driver must, so far as

practicable, have -

(a) non-work time, including at least 3 periods of at

in any 72 hour period - at least 27 hours each period separated from the next by not more than 17 hours; and

(b) either-

(i)

in any 14 day period - at least non-work time; or

(ii)

in any 28 day period - at least non-work time if, and only if, the driver has no more than 144 hours work time in any 14 day period that is part of the 28 day period.

(3) In addition to subregulation (1), a commercial vehicle

driver who drives with a relief driver must, so far as

practicable, have -

(a) in any 24 hour period - at least 7 hours of non-work time, whether or not the time is spent in the vehicle while it is moving; and

(b) either-

(i)     in any 48 hour period - at least one period of 7 continuous hours non-work time, which time is not spent in the vehicle while it is moving; or

(ii)

in any 7 day period - at least which time is not spent in the vehicle

while it is moving.

(4) In addition to subregulation (1), a commercial vehicle

driver who does shiftwork on 5 or more consecutive
days must, so far as practicable, have at least
24 continuous hours of non-work time between shift

changes.

3.133. Driver fatigue management plan

A responsible person at a workplace must ensure that a driver fatigue management plan is developed and kept current by a competent person for every commercial

vehicle driver who is required to drive a commercial
vehicle that forms the whole or part of the workplace.
Penalty: $25 000.

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3.134. Record of work time, breaks from driving, and

non-work time

(1)	A responsible person at a workplace must ensure that a record in accordance with subregulation (2) is established and kept current in respect of the work time, breaks from driving, and non-work time of each commercial vehicle driver who is required to drive a commercial vehicle that forms the whole or part of the workplace. Penalty: $25 000.
(2)	The record is to be —

(a)	set out in a clear and systematic manner;
(b)	available for inspection by an inspector at all reasonable times; and
(c)	kept for at least 3 years from the date of the last entry on the record.

By Command of the Governor,

ROD SPENCER, Clerk of the Executive Council.