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Part 3 - Regulations and safety

Section A - overview

3.1 Who's who in the regulation and safety of the forestry industry

There are several organisations who play a role in the regulation of the forestry industry and who provide advice and assistance in relation to safety matters.

WorkSafe

WorkSafe manages occupational health and safety in Victorian workplaces.

WorkSafe is broadly responsible for:

  • helping to avoid workplace injuries from occurring;
  • enforcing Victoria’s occupational health and safety laws;
  • providing workplace injury insurance for employers and managing the workers’ compensation scheme; and
  • helping injured workers back into the workforce.

More Information

  • To report concerns about your workplace and for general enquiries about workplace safety, injury prevention and workplace health and safety, call WorkSafe Victoria’s Advisory Service, telephone: 1800 136 089 or check its website at www.worksafe.vic.gov.au.

Department of Environment, Land, Water and Planning (DELWP)

DELWP is responsible for promoting and managing the sustainability of Victoria’s natural and built environment. DELWP’s most significant responsibility in relation to forestry contractors is directing VicForests’ staff and timber harvesters in relation to fire prevention and suppression.

More Information

VicRoads

VicRoads manages the road system and handles vehicle regulation, driver licensing and providing road user information. VicRoads also plays an important regulatory and education role in relation to heavy vehicle safety.

More Information

All those involved in the forestry industry need to be aware of and comply with relevant legislation, including occupational health and safety requirements.

Forests Act 1958 (Vic)

The Forests Act 1958 outlines that all forest produce in State forest is the property of the Crown. The Act also prohibits the removal of produce from State forest except in accordance with the regulations.

Provisions are also made in relation to the development and implementation of working plans for State forest with respect to control, maintenance, protection and taking of produce; fire management in State forests; and offences in State forests.

The Forests Act 1958 (Vic) gives the Secretary of the DELWP power to protect State forests. The Secretary has power to construct and maintain roads for the transportation of timber resources and can enter into agreements with others to prevent and suppress fires. The Secretary can also develop and implement plans to protect forests from fire or other damage.

Sustainable Forests (Timber) Act 2004 (Vic)

The Sustainable Forests (Timber) Act 2004 (Vic) provides the framework for sustainable forest management and sustainable timber harvesting in Victorian State forests. It provided for the creation of VicForests and provides for the granting of long-term access to timber resources in State forests.

Under this Act, VicForests is required to comply with any conditions in the Allocation Order and Timber Release Plans. The Allocation Order allocates specified timber in State forests to VicForests for the purposes of harvesting and selling. The Timber Release Plan includes: a schedule of areas selected for timber harvesting; the location and approximate timing of timber harvesting in the proposed harvest areas; and the location of any associated access roads. VicForests' Timber Release Plans must be prepared for a period not exceeding five years.

This Act also requires VicForests to comply with the Code of Practice for Timber Production and gives the Minister for Energy, Environment and Climate Change the authority to conduct audits of VicForests to ensure it is complying with the Code.

Code of Practice for Timber Production

The Code of Practice for Timber Production 2014 (the Timber Production Code) is a key regulatory instrument that applies to commercial timber production in both public and private native forests and plantations in Victoria.

The purpose of the Timber Production Code is to provide direction and guidance to forest managers and operators to carry out sound environmental performance when growing and harvesting commercial timber in such a way that is economically viable, compatible with environmental values and enhances public confidence in the management of Victoria’s forests and plantations for timber production.

Forest management operations are planned and conducted to achieve sustainable forest management, using all relevant laws, regulations, government policies and local government requirements. Timber harvesting and associated operations are planned to meet all relevant requirements of the Timber Production Code.

The Timber Production Code is available here Timber harvesting regulation | Victorian Government (www.vic.gov.au)

Occupational Health and Safety Act 2004 (Vic)

This is the most significant occupational health and safety legislation in Victoria. The Act requires health and safety risks to be reduced as far as practicable. Key principles which should be applied include:

  • all people should be protected as far as practicable against risks to their health and safety;
  • any person who manages, owns or controls the workplace is responsible for eliminating or reducing risks as far as practicable;
  • employers and self-employed persons are required to implement measures which promote health and safety;
  • employers and employees should exchange information and ideas about risks to health and safety and the measures that can be taken to eliminate or reduce those risks; and
  • workers (including contractors) are entitled and should be encouraged to be represented on health and safety issues.

3.3 Emergency procedures, fire, coronavirus (COVID-19) and protest management

Emergency procedures

Forestry contractors must have a health and safety plan with documented emergency procedures to cover serious injury to personnel working in remote areas, vehicle accidents in remote areas, fire, protestors and environmental emergencies such as fuel spills.

Visitors to a coupe need to be advised of the emergency procedures which apply to that coupe.

Fire management

Fire is a serious risk to forestry contractors. Risk factors such as temperature, wind, and the number of days since it last rained should be regularly assessed. Work should be conducted in a way which minimises the chance of a fire being started from ignition sources. Forestry contractors should be trained in what to do if a fire breaks out, and on emergency and evacuation procedures. All trucks and mobile plant should be fitted with basic firefighting tools such as fire extinguishers.

More Information

Coronavirus (COVID-19)

A number of requirements are in place with regard to the management of the spread of COVID-19 within the workplace. See the Coronavirus (COVID-19) Victoria websitewww.coronavirus.vic.gov.au for information on COVIDSafe Settings for living and working in Victoria.

In addition, employers will also required by the Occupational Health and Safety Act 2004 (OHS Act) to ensure a safe workplace for their employees in relation to exposure to Covid-19 in that workplace.

Further guidance on employers obligations to their employees under the OHS Act in regard to COVID-19 can be found on the Worksafe Victoria website WorkSafe Victoria - Home - WorkSafe

Protest management

Forestry contractors may be confronted by protesters who may try and prevent harvesting and haulage operations from occurring.

Forestry contractors should be aware of any procedures that the land owner (or manager) has established in consultation with industry. This may include additional coupe marking measures, increased warning signage, closure of access roads and appropriate non-violent responses to situations which may arise.

All visitors to a harvesting coupe need to be inducted into the site by the harvesting team leader. Visitors and unauthorised personnel are often unaware of the hazards associated with forest operations.

All forestry contractors have a duty to regularly check if there are unauthorised people in their working areas. If they are found, all activities must stop, and the circumstances must be reported at once. Forestry contractors are under a duty not to place any person in their work area at risk – this includes protesters.

Landowners (or managers), principal contractors and subcontractors are all responsible for ensuring the safety of forestry contractors when protests occur. Vicforests should be notified by contractors of protest action in coups which it manages. Police may need to be contacted if protesters pose a threat to public order and safety and the matter cannot be resolved.”

Details of any incidents involving protesters which pose risks to health and safety should be recorded. These incident reports may include photographic records.

More Information

3.4 Key government organisations in the forestry industry

VicForests

VicForests is a government business enterprise responsible for the harvesting and sale of commercial timber resources in State forests. in Eastern Victoria.

More Information

VicRoads

VicRoads’ purpose is to manage a safe, reliable and sustainable arterial road system as part of an integrated transport network. This means keeping the road network in good condition, providing registration and licensing services, and implementing road safety strategies.

Drivers of heavy vehicles must obey the same road rules as other drivers. There are also some road rules that apply just to heavy vehicles, such as speed limits. Other road users must also follow certain rules when sharing the road with heavy vehicles, relating to truck lanes and not overtaking turning vehicles.

You should make sure your vehicle is safe for its intended use and conduct regular inspections to ensure it is roadworthy. Keeping your vehicle in good running order is not only important for the safety of road users but helps with the efficient operation of your business. You may also be subject to penalties for failing to keep your vehicle in a roadworthy condition.

More Information

National Heavy Vehicle Regulator

The NHV Regulator is the national independent regulator for all vehicles over 4.5 tonnes GVM and administers the HVN Law. Its objectives include improving safety and productivity for the industry, and making it easier for businesses to operate across state and territory borders.

The NHV Regulator is responsible for:

  • the National Heavy Vehicle Accreditation Scheme;
  • the Performance-Based Standards Scheme;
  • heavy vehicle access permit applications;
  • heavy vehicle standards, modifications and exemption permits; and
  • the work diary and risk classification system for advanced fatigue management.

The NHV Regulator is responsible for heavy vehicle on-road compliance and enforcement services in Victoria

More Information

National Transport Commission

The National Transport Commission (NTC) is an inter-governmental agency that is responsible for developing national reforms to improve productivity, safety and the environmental performance of Australia’s road, rail and intermodal transport systems.

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3.5 Rural Financial Counselling Service (RFCS)

The RFCS Program is funded by the Australian, State and Northern Territory Governments. The Commonwealth website for the RFCS is available at: www.agriculture.gov.au/ag-farm-food/drought/assistance/rural-financial-counselling-service

Forestry businesses and contractors (harvesters and growers) are eligible to access the RFCS if they meet certain conditions, such as: financial hardship, their business is a commercial concern and they contribute a significant part of their labour and capital to the enterprise. An employee of a company or business is not eligible for the service, nor are haulage or transport businesses. Given many forest contractors are both harvest and haul oriented, a case could be made for their access to RFCS services.

The RFCS provides free, independent and confidential support to eligible forestry businesses and can provide:

  • Help to identify financial and business options
  • Help to negotiate lenders
  • Help to develop an action plan
  • Information about government and other assistance schemes
  • Referral of businesses to accountants, agricultural advisers and educational services
  • Referral of businesses to the Department of Human Services and to professionals for succession planning, family mediation and personal, emotional counselling

More Information

Section B - Health and safety: Forestry contractors

3.6 How to deal with safety problems

If you become aware of a workplace safety problem, then:

  • discuss the matter with your hirer and see if the matter can be resolved;
  • if your hirer is unwilling to fix the problem, raise the matter with your workplace health and safety representative;
  • if the matter remains unresolved, seek advice from your union or association, WorkSafe or VicRoads; and
  • if you witness a serious workplace incident or a ‘near miss’, report the matter to WorkSafe by telephoning 13 23 60.

If your hirer threatens you with termination of your contract or with any other detriment because you have drawn attention to a safety problem or you have reported an incident, your hirer will be in breach of section 61 of the Act. You should seek advice from your union or association, a lawyer or the VSBC in these circumstances (see section 1.10 of this information booklet for information about the dispute resolution process).

The general protections of the Fair Work Act 2009 are intended to protect your workplace rights, such as drawing attention to safety problems or reporting an incident without threats of termination (see Section 2.14).

More Information

3.6 General principles

All forestry industry participants (landowners/land managers, principal contractors, subcontractors and employees) are responsible for contributing to the safe operation of the industry and to comply with state and federal laws. Forestry operations are hazardous, and it is essential for all participants to understand their health and safety responsibilities.

Landowners/land managers are responsible for:

  • managing access and egress to the workplace;
  • providing information to principal contractors to ensure safety issues are dealt with in the coupe plan;
  • scheduling harvesting; and
  • incident management.

Principal contractors are responsible for:

  • engaging subcontractors who can do work safely and having a verifiable safety management system;
  • ensuring the scope of work can be undertaken safely; and
  • setting up consultation arrangements with health and safety representatives and ensuring information about site hazards is passed on to subcontractors, health and safety representatives and employees.

Subcontractors are responsible for:

  • taking control of specific work activities;
  • ensuring activities do not place anyone at risk.

Employees are responsible for:

  • following safe work procedures;
  • ensuring co-workers are not wilfully placed at risk;
  • if they are a health and safety representative, advising hirers of any issues.

3.7 WorkSafe Victoria publications

WorkSafe in Victoria publishes helpful guides dealing with safety issues that arise in the forestry industry, including:

Fatigue management guidelines for the forestry industry: How to identify, manage, reduce or eliminate risk factors for fatigue in forestry workers. See: https://www.worksafe.vic.gov.au/resources/fatigue-management-guidelines-forestry-industry

Safety in forestry operations: Harvesting and haulage: How to identify, reduce, manage or eliminate the risks of harvesting and haulage for Victorian forestry workers. See: https://www.worksafe.vic.gov.au/resources/safety-forestry-operations-harvesting-and-haulage

More Information

3.8 Documenting health and safety systems

Forestry contractors must have a safety management system.

Paperwork that must be kept includes:

  • notification to WorkSafe of any death, injury, illness or serious incident;
  • register of injury or illness, containing a record of any workplace illness or injury);
  • material safety data sheets, containing safety information on working with chemicals – these data sheets should be current and easily accessed by all those involved in their use;
  • records of hearing tests; and
  • records of occupational health and safety risk assessments.

Procedures that must be documented include:

  • risk assessments;
  • training;
  • personal protective clothing issued and replaced;
  • equipment maintenance; and
  • tree falling procedures and safety and exclusion zones.

More Information

  • Worksafe Victoria Advisory Service on telephone: 1800 136 089.

3.9 Managing safety issues

Workplace safety

In Victoria, workplace health and safety are governed by a system of laws, regulations and compliance codes, which set out the responsibilities of employers and workers to ensure that safety is maintained at work, including in the Victorian road transport industry.

The OHS Act sets out the key principles, duties and rights in relation to occupational health and safety in Victoria. The OHS Act obliges employers to ensure, as far as is reasonably practicable, that the working environment is safe and without risks to health. The OHS Act also requires that, as far as is reasonably practicable, a workplace and the means of entering and leaving it must be safe and without risks to health.

The physical work of a forestry contractor may include loading, unloading, packing, assembling, sorting and using equipment. Hazardous manual handling can lead to injuries or disorders. You may be exposed to the risk of falling from vehicles, loading docks and other elevated areas when loading or unloading.

Employers are legally required to notify WorkSafe about incidents involving workplace health and safety, dangerous goods and explosives. If you become aware of a workplace safety issue, firstly discuss the matter with your hirer to see if the safety problem can be resolved. If the issue remains unresolved, you could seek advice from WorkSafe, your industry association or your union.

If you witness a serious workplace incident or a ‘near miss’, WorkSafe must be notified immediately by calling 132 360, and then in writing within 48 hours. To access the relevant forms for reporting an incident go to www.worksafe.vic.gov.au.

Under section 61 of the Act, your hirer cannot subject you to a detriment because you have drawn attention to a safety problem or you have reported an incident. Refer to section 1.6 of this Information Booklet for more details about your rights under the Act. You may also have rights under other State or Commonwealth laws.

WorkSafe or your industry association or union could also provide information on reducing manual handling and other safety risks.

Dangerous goods and hazardous substances

Under the Dangerous Goods (Transport by Road or Rail) Regulations 2018 (Vic), you need a Dangerous Goods Driver Licence as well as a Dangerous Goods Vehicle Licence if you are transporting:

  • dangerous goods that are in a container with a capacity of more than 500 litres; or
  • more than 500 kilograms of dangerous goods in a container.

Dangerous goods include substances that may be corrosive, flammable, spontaneously combustible, toxic, oxidising or water-reactive.

Drivers are prohibited from transporting some classes of dangerous goods on certain routes. The WorkSafe website provides advice on prohibited routes and has links to publications, which provide guidance on the transportation of dangerous goods.

You can apply for these licences online on the WorkSafe website (www.worksafe.gov.au).

For more information about the application process, including lodgement, contact Worksafe’s licensing branch on 1300 852 562 or email licensing@worksafe.vic.gov.au.

The Occupational Health and Safety Regulations 2007 also regulate hazardous substances (which are classified based on their immediate and long-term health effects). Many substances may be both hazardous substances and dangerous goods, in which case both sets of laws apply.

3.10 Chain of Responsibility laws under the HVN Law

Chain of Responsibility laws (CoR) work to ensure that all parties with control or influence over the operation of a heavy vehicle are held accountable for ensuring the safe operation of that heavy vehicle. CoR recognises that a party, despite not being directly engaged in driving, loading or hiring arrangements relating to a heavy vehicle, may be in a position to substantially impact the manner in which these tasks are undertaken.

Generally, CoR laws cover:

  • driving hours;
  • speeding and dangerous goods regulations;
  • mass and dimension limits; and
  • load restraint requirements.

A ‘positive duty’ to reduce risks to safety

Changes to CoR provisions of the HVN Law were introduced on 1 October 2018 amending the primary duty of parties within the chain of responsibility for the operation of a heavy vehicle. The expanded duty require parties to take positive steps that ensure “so far as is reasonably practicable” that their conduct firstly, does not cause or encourage the driver or any other party to breach any CoR laws, and secondly, their actions or systems actively contribute to the reduction or elimination of known safety issues concerning heavy vehicle operation.

This means that all parties with control or influence over the operation of a heavy vehicle are now under a ‘positive duty’ to actively reduce known risks to the safe operation of heavy vehicles.

Registered Codes of practice under the HVN Law and the ‘positive duty’

The development of registered codes of practice under the HVN Law identifies known safety risks within transport operations. In addition, the codes of practice identify what systems of risk reduction, management and compliance meet the standard required by a ‘positive duty’ to reduce the known risks. Compliance with a registered code of practice under the HVN Law can provide certainty for those influencing the operation of a heavy vehicle that their actions have discharged their duty to actively minimise safety risks under CoR laws.

On 1 November 2019 the Master Industry Code of Practice applying to parties within the chain of responsibility for all heavy vehicles was registered under the HVN Law.

Heavy vehicles in the forest industry will following its development and registration as an industry specific code of practice be subject to the National Log Haulage registered code of practice being developed by AFCA.

Information on Chain of Responsibility and The Master Industry Code of Practice can be found at www.nhvr.gov.au.

Fatigue management - regulated heavy vehicles

Under the HVN Law a person must not ask, direct or require (directly or indirectly) the driver of a heavy vehicle to drive a heavy vehicle while impaired by fatigue. Similarly the HVN Law prohibits a person from driving a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue.

A fatigue-regulated heavy vehicle is a vehicle with a GVM of more than 12 tonnes. This includes a vehicle combination of a total GVM of more than 12 tonnes

Broadly, the heavy vehicle fatigue laws cover work and rest requirements, work diaries, fatigue management exemptions and chain of responsibility obligations.

Compliance

All parties should implement a risk-based approach to prevent drivers from being impaired by fatigue when operating a heavy vehicle.

Hirer or prime contractor

In regard to fatigue management, a hirer or prime contractor must ensure that;

  • business practices do not cause a driver to drive while fatigued or breach their work and rest hours option;
  • demands by other parties do not result in a driver driving while impaired by fatigue;
  • driver fitness for duty is assessed and the fatigue of a driver is managed;
  • accurate records are kept for the driver of a fatigue-regulated heavy vehicle by the driver;
  • driver fatigue levels are monitored, work and rest times are recorded and reviewed.

Haulage Contractor

To demonstrate compliance with CoR laws, a forestry contractor must:

  • comply with driving hours regulations – do not exceed the regulated hours for driving and working;
  • take the required rest breaks – you should rest when you are tired and make sure you get adequate sleep;
  • record your driving hours as required;
  • make sure your vehicle does not exceed mass limits;
  • make sure your vehicle and load do not exceed dimension limits;
  • make sure your load is appropriately restrained;
  • not exceed the speed limit;
  • not tamper with any equipment required to be fitted to your vehicle; and
  • make sure the vehicle is appropriately maintained.

More Information

Telephone NHV Regulator on 1300 696 or go to www.nhvr.gov.au.

The Master Industry Code of Practice is available at www.nhvr.gov.au/safety-accreditation-compliance/industry-codes-of-practice/master-industry-code-of-practice

Work and rest requirements

In addition to the general duty to not drive a fatigue-regulated heavy vehicle on a road while fatigued, drivers must comply with certain maximum work limits and minimum rest limits. Parties in the supply chain are required to take all reasonable steps to prevent drivers from exceeding these limits. This is similar to occupational health and safety laws and means that drivers must stop if they are at risk of exceeding the limits and make alternative arrangements.

The HVN Law provides for three work and rest arrangements: standard hours and, through the National Heavy Vehicle Accreditation Scheme, Basic Fatigue Management or Advanced Fatigue Management modules. These optional accreditations give operators more flexibility on when a driver can work and rest, if they have a compliant fatigue management system that properly manages the risks of driver fatigue.

Work diaries

Law requires most drivers of a fatigue-regulated heavy vehicle to create a record of time spent working (including driving time) and resting daily. A work diary is evidence that a driver’s work and rest hours are compliant with the law and that their fatigue is being managed.

The HVN Law names the circumstances where a work diary must be used – namely, when drivers of fatigue-regulated heavy vehicles:

  • drive more than 100km from their home base; or
  • operate under Basic Fatigue Management or Advanced Fatigue Management.

This applies unless the driver has a work diary exemption through either a notice or permit.

Fatigue management exemptions

Drivers and hirers may apply to the NHV Regulator for an exemption from the work and rest requirements as well as the obligation to keep a work diary where they cannot reasonably work with those requirements. These exemptions are referred to as ‘fatigue management exemptions’. The NHV Regulator has strict approval criteria for fatigue management exemption applications.

Fatigue management exemptions provide hirers and drivers an opportunity to use alternative methods to comply with the objectives of the HVN Law, while at the same time maintaining a high level of driver safety.

More Information

3.11 New technologies

New and emerging technologies have the potential to significantly improve safety and efficiency in the transport industry.

You may adopt a range of electronic work diaries and speed and mass monitoring devices to improve your productivity and record-keeping. Some systems can even monitor tyre and engine condition to allow for efficient fleet management. Staying up to date with new technologies can assist you as a forestry contractor to achieve administrative and safety improvements.

With the introduction of Cooperative Intelligent Transport Systems (C-ITS) in Australia, vehicles and surrounding infrastructure will be able to exchange information about the location, speed and direction of other road users. This will improve road safety and has the potential to reduce road congestion and allow for the more efficient movement of road freight.

More Information

  • Go to the NTC website at www.ntc.gov.au for more information about emerging technologies and legal obligations.

3.12 Tree Faller's Manual

The Tree Faller’s Manual is an essential handbook for forest operators and others who need to fell trees manually using a hand-held chainsaw.

The manual is based on the national competency standards for the forest and forest products industry where tree felling is covered using three categories: basic, intermediate and advanced.

  1. Basic tree felling applies to trees that are relatively small, with a single stem and no defects.
  2. Intermediate tree felling covers trees with single or multiple stems, limited defects, and lean and weight distribution that can be adapted to felling direction
  3. Advanced tree felling applies to larger and more complex trees and includes trees deemed to be more hazardous.

Workplace safety, risk assessment and site preparation are included along with the theory, techniques and tools for each of the tree-felling categories.

More Information

3.13 Generic/industry-specific codes of practice

In addition to existing legislation and regulations, as a business operator you need to be aware of a range of generic and industry-specific codes of practice and guides that would need to be adhered to and followed.

Section C – Haulage contractors

3.14 Important safety information

The Transport Industry Safety Group: Occupational Health and Safety Guide is one of the most important and comprehensive publications on health and safety issues for the transport (haulage) industry. It was developed by the Transport Industry Safety Group (TISG). The guide provides information on risk management, incident reporting and investigation, fatigue management, health and safety priorities, and where to go for training.

More Information

Copies can be obtained from:

Transport Safety Pack

Workplace accidents have a devastating impact on staff morale, families and productivity.

The Transport Industry Safety Group has recently produced a safety pack DVD with the aim of improving safety in the transport industry. The DVD contains fact sheets, video clips and other materials to assist in training sessions.

More Information

  • The Safety Pack can be obtained from the Victorian Transport Association on telephone: 03 9646 8590.

Information on the NHVR website provides guidance on the responsibilities and includes helpful Chain of Responsibility fact sheets and material. Including:

  • Container weight declarations;
  • Measurement adjustment;
  • Reasonable steps defence;
  • Risk-based categorisation of offences; and
  • Roles and responsibilities of parties in the supply chain.

3.15 Loading and unloading and maintaining logs

Haulage contractors are required to restrain their load in accordance with the HVN Law.

Contractors have obligations under the Road Safety Act 1986 (Vic) and a duty of care to ensure that when they are unloading their vehicle they do not expose other road users to death or injury.

Heavy mobile plant, machines and people are involved in loading, restraining and unloading. The way in which the logs are loaded and restrained has a big impact on safety during transportation as well as unloading.

When loading, logs should be restrained by stanchions. Mixed loads (short and long logs) can become loose and fall on someone. Extra care should be taken, with longer logs placed to the outside against the stanchions. Operators of plant and haulage vehicles should ensure that the ground is firm and level so that loading machinery and haulage vehicles remain stable during loading. Plant and equipment needs to be regularly inspected and maintained.

Restraints should be appropriate for the type and species of logs and should be used in sufficient number to adequately secure the load. Binders and lashings should be inspected regularly to see that they are in good condition. Binders should be secured to prevent the load from shifting during transport. When leaving the forest and before entering public roads, loads should be inspected, and restraints adjusted to ensure the logs have not shifted and will not pose a threat to persons or other vehicles.

One of the big risks when unloading logs is that the load may shift or move. Prior to unloading the load should be assessed and it should be restrained and secured to prevent log movement when the restraints are released. Skilled operators who have had proper training and who are following mill procedures should only use unloading machines. Contractors not involved in unloading, should remain in full view of the unloader operator – the best position is the front of the truck.

The AFCA is leading the development of an industry and national Log Haulage Registered Code of Practice.

ForestWorks has produced a Log Haulage Manual that is designed primarily for use by workers in forest coupes, plantations and log yards, but is also a valuable reference for people involved with planning and supervising haulage operations. The scope of the manual is designed to include all activities related to moving forest produce from a landing or roadside dump in the forest to a wood yard at a processing or export facility.

The manual also gives an overview of the requirements of Heavy Vehicle National Law and provides practical information to help drivers understand their obligations under regulations dealing with fatigue, mass and dimensions, and load restraint.

More Information

3.16 Licence requirements

Drivers who wish to drive a vehicle greater than 4.5 tonnes GVM must have a heavy vehicle endorsement on their licence. There are now five categories of heavy vehicle licences and these are as follows:

Licence CategoriesDescription and Eligibility
Light Rigid (LR)

You may drive any rigid vehicle, including bus and truck, greater than 4.5 tonnes GVM but equal to or less than 8 tonnes GVM or a vehicle that seats more than 12 adults including the driver that has a GVM not greater than 8 tonnes GVM.

To apply for this category, you must have held a car driver licence for at least 12 months.

Medium Rigid (MR)

You may drive any 2-axle rigid vehicle, including bus and truck, greater than 8 tonnes GVM.

To apply for this category, you must have held a car driver licence for at least 12 months.

Heavy Rigid (HR)

You may drive any rigid vehicle with three or more axles, including bus or truck, greater than 8 tonnes GVM.

To apply for this category, you must have held a car driver licence for at least 24 months.

Heavy Combination (HC)

You may drive a prime mover or single semi-trailer exceeding 9 tonnes, or rigid vehicle plus trailer greater than 9 tonnes GVM.

To apply for this category, you must have held a car driver licence for at least 24 months, including Medium Rigid or Heavy Rigid licence for at least 12 months.

Multi Combination (MC)

You may drive a heavy combination vehicle with one or more added trailers.

To apply for this category, you must have held a Heavy Combination, Heavy Rigid or a combination of Heavy Rigid and a Heavy Combination vehicle licence for at least 12 months, plus the completion of an approved course.

You can drive any class of vehicle listed above your licence category in the above table.

More Information

  • Check VicRoads website at www.vicroads.vic.gov.au by following the links to Business & Industry – Heavy vehicle industry.
  • See also the Victorian Bus and Truck Drivers Handbook. You can purchase the Victorian Bus and Truck Drivers Handbook from the VicRoads Bookshop (phone 03 9854 2782) or download it at www.vicroads.vic.gov.au (follow the links to: Business & Industry - Heavy vehicle industry – Heavy vehicle road safety -Bus and truck driver handbook).

Heavy vehicle driving tests

To prepare for heavy vehicle driving and knowledge tests, drivers should refer to the Victorian Bus and Truck Drivers Handbook. This contains the legal and road safety requirements that must be followed by bus and truck drivers. For example, it provides information on:

  • what is required by industry to operate trucks;
  • the laws that apply to heavy vehicles; and
  • the requirements necessary to gain a truck licence.

Applicants for a heavy vehicle driving licence must be familiar with the information contained in the Handbook. Driving tests are designed to test low speed manoeuvring, control of the vehicle, loading, trailer use and driving on the road. Heavy vehicle driver training and tests are provided by VicRoads’ accredited heavy vehicle training and test providers. A list of these accredited organisations can be found on VicRoads’ website.

More Information

  • See Victorian Bus and Truck Drivers Handbook (see above).
  • A list of heavy vehicle accredited test and training providers can be found on VicRoads website at www.vicroads.vic.gov.au and follow the links to Licences – Licence and permit types – Heavy vehicle Licence – Accredited heavy vehicle training and test providers. A sample test is also available from this website.

Heavy vehicle driving restrictions

Drivers of heavy vehicles must comply with the following conditions:

  • If tested in a vehicle fitted with synchromesh transmission, drivers may only drive a vehicle fitted with synchromesh transmission (B restriction) or an automatic transmission.
  • If tested in a vehicle fitted with non-synchromesh transmission, drivers may drive a vehicle fitted with any type of transmission.
  • Drivers must have a zero-blood alcohol limit when driving any bus or any truck that exceeds 15 tonnes gross vehicle mass.
  • Drivers must carry a licence always while driving if the truck is greater than 15 tonnes gross vehicle mass. In accordance with National Heavy Vehicle Law drivers of fatigue-regulated heavy vehicles who drive 100km or more from their home base or operate under Basic Fatigue Management or Advanced Fatigue Management must complete a work diary to record their work and rest times.

More Information

  • VicRoads website at www.vicroads.vic.gov.au and follow the links to Licenses – Licence and permit types – Heavy vehicle Licence – How to get a heavy vehicle licence. See also the Victorian Bus and Truck Drivers Handbook (see above).

3.17 Accreditation

Accreditation is a certification process which allows a transport operator to show that they have safe and responsible work practices, well-maintained vehicles, healthy and trained drivers, and good management systems. The two main accreditation schemes are the National Heavy Vehicle Accreditation Scheme and TruckSafe.

National Heavy Vehicle Accreditation Scheme

The National Heavy Vehicle Accreditation Scheme (NHVAS) allows for operators of heavy vehicles to demonstrate that they comply with mass and/or maintenance requirements. The scheme ensures safe and correct loading practices and increased life of vehicle and lower maintenance costs. Accredited operators gain exemption from time-consuming annual vehicle inspections and can carry heavier loads on approved roads, as properly maintained suspensions cause less road damage. Another advantage is that accredited operators will get a greater say in when drivers can drive and rest under fatigue management laws. To become accredited, operators need to:

  • develop an in-house Quality Assurance System;
  • document the procedures that staff must follow to achieve compliance;
  • produce sets of documents that prove compliance; and
  • undergo internal and independent external audits from time to time.

TruckSafe

TruckSafe Pty Ltd is a business and risk management system that aims to improve the safety and professionalism of transport companies and truck drivers. TruckSafe focuses on seven standards.

Concessional Mass Limits Program

Transport operators in Victoria, New South Wales, Queensland and South Australia can access Concessional Mass Limits (CML) subject to certain conditions. CML provides additional mass benefits for the operation of some general access vehicles accredited under the NHVAS, Mass Management module. CML provides an incentive for accreditation by effectively retaining the former National Association of Australian State Road Authorities tolerance levels for general access vehicles.

For forestry contractors who are paid by the tonne, these developments are significant. Being able to carry a greater mass may increase your profitability. It could be well worth your while talking to your hirer about participating in these schemes.

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3.18 Mass, dimensions, oversize and rear overhang limits

The HVN Law provides General Mass Limits (GML), Concessional Mass Limits (CML) and Higher Mass Limits (HML) for heavy vehicles operating on the national road network.

It is an offence to drive on a highway:

  • a vehicle which is overloaded;
  • a vehicle exceeding permitted dimensions; and
  • a vehicle exceeding rear overhang limits.

The owner and driver of the vehicle must be aware of the vehicle’s mass, dimension and rear overhang limits. These limits can be calculated in a variety of ways depending on the type and size of the vehicle.

When mass, dimension or rear overhang dimensions are exceeded to ease the movement of large indivisible loads, i.e. large harvesting equipment, permission must be obtained by seeking a permit from VicRoads.

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3.19 Route and planning information

Certain load or height limits apply to bridges and sections of roads. It is essential for you to understand which bridges and sections of roads you can travel on, as heavy penalties may be imposed for non-compliance. You may also be required to pay for damage caused to roads or bridges that could not take the weight or height of your vehicle.

Drivers must not drive their vehicles beneath a bridge ‘LOW CLEARANCE’ or ‘CLEARANCE’ if the height of their vehicle, including the load, is equal to or greater than the height shown on the sign. Many roads carry warning signs and drivers should look out for these, so they can take alternative routes.

B-doubles and higher mass limit vehicles

B-doubles and higher mass limit vehicles are only allowed to operate where they can do so safely in relation to other traffic and where the roads are suitable. Drivers of these vehicles must carry the following VicRoads’ information bulletins in the driver’s compartment:

  • B-doubles and Higher Mass Limit Trucks, May 2004.
  • Local Roads Approved for B-doubles and Higher Mass Limits Trucks, May 2006.
  • 26 metre B-doubles, November 2005, for vehicles longer than 25 metres and up to 26 metres long.
  • Height Clearance on Roads, January 2000, for vehicles that can exceed 4.5 metres in height.

In addition, operators must carry any permits for B-doubles to travel on specific roads.

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Load limits for Victorian bridges

A list of the load limits for Victorian bridges can be found on the VicRoads’ website.

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Truck curfews and brake noise

Some residential areas are subject to truck curfews, or have signage asking drivers not to use engine brakes in the area. The VicRoads’ website contains information about where truck curfews operate, and how to reduce engine brake noise.

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  • VicRoads website: www.vicroads.vic.gov.au by following the links to Business & Industry - Heavy vehicle industry– Registration, permits, curfews and compliance– Truck Curfews.
  • Contact VicRoads Permit Officers: 9881 8853.

3.20 Codes of behaviour

Some haulage contractors have developed their own code of behaviour after extensive consultation, for example the Ash Salvage Carters. A code of behaviour is not legally enforceable, but it is expected that most haulage contractors will follow. Examples of the issues covered are:

  • load security;
  • mass limits;
  • allowing traffic to pass;
  • travelling on the correct side of the road;
  • travelling through roadworks;
  • load height;
  • use of engine brakes in towns;
  • dropping of dust;
  • driver inexperience;
  • fatigue management;
  • travelling through towns and school crossings; and
  • use of CB radios.

It is important for all those involved in the industry to work in accordance with this and any other similar codes of behaviour.

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3.21 Your health and wellbeing

Looking after your health is like looking after your vehicle – regular care and maintenance pays off in the long run.

Being fit and healthy is not only a good thing for your personal wellbeing but will also help make you a safer and more alert driver.

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Stress

Stress is a critical issue for all workplaces. Feeling stressed can affect your safety on the road and your family and relationship.

As well as personal issues, causes of stress for drivers include communication difficulties, bullying, workplace changes, traffic, unresolved health and safety issues, excessive performance monitoring, poor work organisation and difficulties dealing with clients or the public.

Signs that stress has become a problem include, feelings of anger or frustration, loss of concentration, poor memory, prolonged sleeplessness and disturbing dreams, anti-social behaviour, indecisiveness, absenteeism, reduced performance, demand for more precise instructions, increased smoking or alcohol consumption, or drug taking, and ill-health such as frequent headaches, gastro-intestinal disturbance.

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On health, stress and wellbeing

Workplace bullying and violence

Workplace bullying is repeated, unreasonable behaviour directed towards workers that creates a risk to health and safety. Some examples of behaviour that may constitute bullying, especially where that behaviour occurs repeatedly are:

  • verbal abuse;
  • excluding or isolating employees;
  • psychological harassment;
  • intimidation;
  • assigning employees meaningless tasks unrelated to the job;
  • deliberately changing work rosters to inconvenience employees; and
  • deliberately withholding information that is vital for effective work performance.

Workplace violence occurs where a worker is physically attacked or threatened. A threat occurs where behaviour or a statement causes another person to believe they are in danger of being physically attacked.

If you experience workplace bullying or violence or you are aware of it occurring, report it to your hirer or to your workplace health and safety representative and to WorkSafe advisory staff or inspectors. Seek advice from your union or professional association.

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