National Heavy Vehicle Standards (Queensland Electricity Entity Work and Rest Hours) Exemption Notice 2015 (No. 1)

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Legislation au C2015G01158 In force Gazette

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National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption (Notice) 2015 (No 1)

1        Purpose

(1)   The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity in unplanned urgent circumstances from the requirement of the Heavy Vehicle National Law Part 6.3 Division 2 Standard Work and Rest Arrangements.

2        Authorising Provision(s)

(1)   This notice is made under Section 266 of the Heavy Vehicle National Law as in force in Queensland.

3        Title

(1)   This notice may be cited as the National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption (Notice) 2015.

4        Commencement

(1)   This notice commences on the date of publication in the Commonwealth Gazette.

5        Expiry

(2)   This notice expires three years after publication.

6        Definitions

(1) Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.

(2) In this Notice—

Distribution authority means a current distribution authority that is issued to electricity entities, pursuant to Part 5 of the Electricity Act 1994 (Qld).

Electricity Entity as defined in the Electrical Safety Act 2002 (Qld).

Fatigue Management System means the auditable system of records, policies, standards and procedures maintained by an electricity entity for the purpose of fatigue management in the course of operations registered with the National Heavy Vehicle Regulator under Clause 9.6 of the National Heavy Vehicle Queensland Electricity Entity Fatigue Record Keeping Exemption (Notice) 2015.

Works of an Electricity Entity as defined in the Electrical Safety Act 2002 (Qld).

Night hours as defined in the Electricity Entity’s Fatigue Management System.

7        Application

(1)   This Notice applies to:

  1. drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity listed in Schedule 1;
  2. carrying out activities on the works of the Electricity Entity;
  3. for urgent unplanned circumstances required to comply with the Electricity Entity’s statutory obligations under the Electrical Safety Act 2002, including but not limited to:
    1. fault response, rectifying life threatening / dangerous situations that pose an electrical safety risk  such as live wires below statutory height or on ground; or
    2. restoration of electricity supply to essential services such as hospitals, water and sewage services, and customers relying on medical equipment; or
    3. restoration of electricity supply to maintain compliance with the Electricity Entities Distribution Authority’s Minimum Service Standards (MSS) and Service Target Performance Incentive Scheme (STPIS) as set by the Australian Electricity Regulator.

8        Exemption

(1)   This Notice provides an exemption from the requirement under Part 6.3 Division 2 Standard Work and Rest Arrangements of the Heavy Vehicle National Law.

9        Conditions- General

(1)   A driver of a fatigue-regulated heavy vehicle operating under this exemption must be employed by an Electricity Entity listed in Schedule 1.

(2)   A driver of a fatigue-regulated heavy vehicle operating under this exemption must keep a copy of this notice in his or her possession.

(3)   A driver of a fatigue-regulated heavy vehicle operating under this exemption must be trained to the standards required by the Electricity Entity’s Fatigue Management System and comply with this System.

(4)   When requested by an authorised officer, a driver of a fatigue-regulated heavy vehicle operating under this exemption must nominate the Electricity Entity they are employed by and the name and contact details for the person nominated by that Electricity Entity as responsible for the Fatigue Management System.

 

(5)   The person responsible for the Electricity Entity’s Fatigue Management System must keep records of:

(i)      drivers operating under this notice; and

(ii)      risk assessments required under this notice, and

(i)      information in relation to the cause and outcome of fatigue related incidents.

10    Conditions – Work and rest hours

(1)   Table 1 specifies the maximum work times and minimum rest times for drivers operating under this exemption. 

(2)   In the total period specified in Column 1, a driver of a fatigue-regulated heavy vehicle operating under this exemption must not work for more than the normal work time specified in Column 2 unless they have implemented the control measures specified in Column 6.

(3)   In the total period specified in Column 1, a driver of a fatigue-regulated heavy vehicle operating under this exemption must not rest less than the minimum rest hours specified in Column 5.

(4)   A driver of a fatigue-regulated heavy vehicle operating under this exemption who has implemented the control measures specified in Column 6 must not work more than the upper work time specified in Column 4.

(5)   A driver of a fatigue-regulated heavy vehicle operating under this exemption must not work on more than seven (7) consecutive days unless they have completed a risk assessment with the Electricity Entity.  The risk assessment must be completed in accordance with the Electricity Entity’s Fatigue Management System prior to each day in excess of seven consecutive days.

(6)   A driver of a fatigue-regulated heavy vehicle operating under this notice must not work night hours unless they have completed a risk assessment in accordance with the relevant Electricity Entity’s Fatigue Management System.

 

Dated 14 July 2015

 

 

 

Salvatore Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator


Table 1 – Exemption hours

Column 1

Time Period

Column 2

Normal Work Hours

Column 3

Normal Rest Hours

Column 4

Upper Work Limit

Column 5

Minimum Rest Hours

Column 6

Control

5 hours 45 minutes

5 hours 30 minutes

15 minutes

5 hours 30 minutes

15 minutes

N/A

1 day

(24 hours)

12 hours of work

12 hours of rest

16 hours of work

9 consecutive hours of rest

Risk assessment must be completed prior to continuing work beyond 12 hours with control implemented and documented.

3 days

36 hours of work

36 hours of rest

42 hours of work

3 periods of 9 consecutive hours of rest

Risk assessment must be completed prior to exceeding a total of 36 hours of work over a 3 day period with control implemented and documented.

7 days

60 hours of work

108 hours of rest

84 hours of work

7 periods of 9 consecutive hours of rest

Risk assessment must be completed prior to exceeding 60 hours of work over a 7 day period with control implemented and documented.

 

 

SCHEDULE 1 TABLE OF ELECTRICITY ENTITIES

Electricity Entity

s38 Electricity Act 1994 (Qld)

Distribution Authority

s38 Electricity Act 1994 (Qld)

Ergon Energy Corporation Limited

D01/99

Energex Limited

D07/98

 

Overview

The National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption (Notice) 2015 (No 1) was enacted to provide specific exemptions for drivers of fatigue-regulated heavy vehicles employed by electricity entities in Queensland. This Notice was made under Section 266 of the Heavy Vehicle National Law as in force in Queensland and aims to address the need for flexibility in work and rest hours for drivers responding to unplanned urgent circumstances, such as fault response or restoration of essential services. The purpose of this exemption is to ensure that these drivers can effectively manage their work hours while maintaining safety standards. This Notice applies to drivers working on the works of an Electricity Entity in urgent, unplanned circumstances, as defined under the Electrical Safety Act 2002. The exemptions and conditions are designed to balance operational needs with fatigue management, requiring compliance with the Electricity Entity’s Fatigue Management System and completion of risk assessments where necessary. The Notice establishes specific maximum work times and minimum rest periods for drivers under this exemption, while also requiring that drivers keep a copy of the Notice and provide necessary documentation when requested by an authorised officer. It also mandates that the person responsible for the Fatigue Management System maintains records of drivers operating under this exemption, including details of risk assessments and fatigue-related incidents. This exemption is intended to support the operational needs of electricity entities while ensuring that safety and fatigue management standards are upheld.

Scope and Application

The National Heavy Vehicle Queensland Electricity Entity Work and Rest Hours Exemption (Notice) 2015 (No 1) is a regulatory instrument designed to provide specific exemptions from the Heavy Vehicle National Law for drivers of fatigue-regulated heavy vehicles employed by electricity entities in Queensland. This Notice applies to drivers employed by entities listed in Schedule 1 who are engaged in urgent, unplanned activities on the works of their employer, such as responding to faults that pose electrical safety risks or restoring essential services. The Notice exempts these drivers from certain work and rest arrangements outlined in Part 6.3 Division 2 of the Heavy Vehicle National Law, provided that they adhere to the conditions set forth, including maintaining a copy of the Notice, complying with the employer's Fatigue Management System, and completing risk assessments as required. The exemption is in effect for three years from the date of publication and is subject to certain conditions and restrictions, including specified maximum work times and minimum rest periods, as well as the necessity of control measures and risk assessments for extended work periods. This exemption aims to balance the need for urgent electrical work with fatigue management for heavy vehicle drivers.

Key Provisions

The key operative sections of this Notice (C2015G01158) detail the exemption from standard work and rest arrangements for drivers of fatigue-regulated heavy vehicles employed by an Electricity Entity in Queensland, specifically for activities related to the works of an Electricity Entity in unplanned urgent circumstances (Section 7). The Notice allows exemptions from the requirements of Part 6.3 Division 2 of the Heavy Vehicle National Law, which pertains to Standard Work and Rest Arrangements (Section 8). It specifies the conditions under which these exemptions apply, such as the necessity of completing risk assessments and adhering to the Fatigue Management System of the respective Electricity Entity (Section 9). The Notice also delineates the maximum work times and minimum rest times for drivers operating under this exemption (Section 10). The obligations and requirements imposed by the Notice include ensuring that drivers are employed by an Electricity Entity listed in Schedule 1 and must possess a copy of the Notice (Section 9(1) and (2)). Drivers must be trained to the standards outlined in the Electricity Entity's Fatigue Management System and comply with it (Section 9(3)). When requested, drivers must identify their employing Electricity Entity and provide the contact details of the person responsible for the Fatigue Management System (Section 9(4)). The person responsible for the Fatigue Management System is required to maintain records of drivers operating under this Notice, risk assessments, and fatigue-related incidents (Section 9(5)). Additionally, drivers must adhere to the specified work and rest hours, complete risk assessments before exceeding certain work periods, and implement control measures as necessary (Section 10). The Notice does not explicitly state offences, penalties, or civil/criminal consequences for breaches. However, the Heavy Vehicle National Law, under which this Notice is made, does provide for penalties. Generally, breaches of the Heavy Vehicle National Law can result in fines, with the maximum penalty often tied to the severity of the breach. For instance, under the Queensland provisions of the Heavy Vehicle National Law, offences can attract fines up to a significant amount, and in the case of more serious breaches, even imprisonment might be imposed. The specific penalties would depend on the nature and extent of the breach, but they are typically outlined in the relevant sections of the Heavy Vehicle National Law.

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