Driver fatigue

management
A guide to managing driver fatigue in
the long haul trucking industry

making a difference
ACKNOWLEDGMENTS
This document and associated fact sheets were developed in consultation with industry associations, employer
groups and unions. WorkCover would like to acknowledge the following organisations:
Australian Furniture Removals Association
Australian Trucking Association
Coles Myer Ltd
National Transport Commission
National Transport Insurance
NatRoad Ltd
New South Wales Road Transport Association Inc
Patrick Corporation
Roads and Traffic Authority
TNT Australia Pty Limited
Transport Workers Union
Woolworths Ltd

Disclaimer
This publication may contain occupational health and safety and workers compensation information. It may include some of your obligations under the
various legislations that WorkCover NSW administers. To ensure you comply with your legal obligations you must refer to the appropriate legislation.
Information on the latest laws can be checked by visiting the NSW legislation website (www.legislation.nsw.gov.au).
This publication does not represent a comprehensive statement of the law as it applies to particular problems or to individuals or as a substitute for
legal advice. You should seek independent legal advice if you need assistance on the application of the law to your situation.
© WorkCover NSW
CONTENTS PAGE

1. INTRODUCTION 2
2. FATIGUE 2
2.1 WHAT IS FATIGUE? 2
2.2 HOW THE BODY CLOCK WORKS 3
2.3 SLEEP 3
2.4 EFFECT OF IRREGULAR WORKING HOURS 4

3. LEGISLATION 4
3.1 THE OCCUPATIONAL HEALTH AND SAFETY ACT 2000 4
3.2 THE OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 4
3.3 THE OCCUPATIONAL HEALTH AND SAFETY AMENDMENT
(LONG DISTANCE TRUCK DRIVER FATIGUE) REGULATION 2005 5
3.4 RESPONSIBILITIES OF EMPLOYERS OF DRIVERS, HEAD CARRIERS,
CONSIGNORS, CONSIGNEES AND DRIVERS 6
3.5 CONSULTATION 7
3.6 ROAD TRANSPORT LEGISLATION AND OCCUPATIONAL HEALTH AND
SAFETY LEGISLATION 7

4. DRIVER FATIGUE MANAGEMENT PLANS (DFMP) 7

4.1 TRIP SCHEDULES AND DRIVER ROSTERS 8
4.2 MANAGEMENT PRACTICES 9
4.2.1 Assessing the suitability of drivers 9
4.2.2 Systems for reporting hazards and incidents 10
4.2.3 Monitoring driver health and safety 10

4.3 WORK ENVIRONMENT AND AMENITIES 11

4.4 TRAINING AND INFORMATION 11
4.5 LOADING AND UNLOADING SCHEDULES, QUEUING PRACTICES
AND SYSTEMS 12
4.6 ACCIDENTS AND MECHANICAL FAILURES 13
4.7 SUPERVISION 13

5. MONITOR AND REVIEW PROCESS 13

6. RECORD KEEPING 14
7. FURTHER INFORMATION 14
8. DEFINITIONS 15
1. INTRODUCTION
This guide has been developed in consultation with the peak employer associations, unions,
and other interested stakeholders involved with the transport industry in NSW. It contains
practical guidance on how to appropriately eliminate, or manage, the risks of injury and
illness arising from the fatigue of truck drivers involved in the transport of freight, long
distance, and meet the requirements of the Occupational Health and Safety Amendment
(Long Distance Truck Driver Fatigue) Regulation 2005 (the Regulation).

The Regulation was developed following extensive consultation with the Transport Workers Union,
and peak employer groups and associations. Public information sessions were held across NSW
in March-April 2005, to inform industry and seek feedback on the content of the proposed
Regulation. At the completion of this process the Regulation was gazetted on 10 June 2005.

The intent of the Regulation is to reduce the likelihood of injury or illness arising from the
fatigue of drivers of heavy trucks involved in the transport of freight long distance. In order
to do this, the Regulation places specific duties on employers of drivers, head carriers,
consignors and consignees (who have 200 or more employees) and operate a business
specified in the Regulation. It also places duties on employees (drivers).

The Regulation contains specific details on the documents that need to be retained and to
be made available to an inspector or an authorised representative of a driver.

2. FATIGUE

2.1 WHAT IS FATIGUE?

Fatigue is the term used to describe the feeling of weariness from bodily or mental
exertion. Fatigue can be defined as feeling tired, drained or exhausted. Fatigue
influences an individual’s physical and mental and emotional state. When feeling
fatigued, we lose alertness, which is accompanied by poor judgment, slower reactions to
events and decreased motor skill.

Fatigue can result from long periods of time awake, strenuous work as well as poor sleep
patterns. The time of the day that the work is performed can also have an influencing
effect. Fatigue can also be effected by emotional and health issues. It’s important to
realise that the effects of fatigue can accumulate over a period of time. Fatigue can impair
a driver’s judgment of their state of fatigue. This means the effective management of
fatigue is not the responsibility of the driver alone.

Fatigue indicators include:

• feelings of sleepiness
• extended sleep during days off
• a greater tendency to fall asleep while at work
• more frequent naps during leisure hours
• not feeling refreshed after sleep
• repeatedly drifting in and out of traffic lanes
• increased errors and loss of concentration at work
• missing gear changes and turn offs.
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 Where fatigue may affect a person’s ability to work safely, it must be identified, assessed
and eliminated or controlled like other hazards in the workplace. Employers, employees
and those involved in the supply chain have a role to ensure risks associated with
fatigue are eliminated or appropriately controlled.

2.2 HOW THE BODY CLOCK WORKS

The circadian rhythm is a variety of biological cycles that control the human body.
These cycles repeat approximately every 24 hours. The body clock regulates sleeping
patterns, body temperature, hormone levels, digestion and many other functions and
helps conserve resources.

The body clock programs a person to sleep at night and stay awake during the day.
Body temperature drops during the night resulting in sleepiness and rises during the day
to assist in feeling alert.

Most people are day orientated, ie designed to work or conduct activity in the day and
sleep at night. Therefore, periods of sleep cannot be easily rescheduled, deferred or
resisted. Moving to a new work schedule that requires a change in the sleep pattern is
difficult to adjust to and the body can take several days or weeks to adjust. The risk that
a truck driver will be involved in a road crash increases when driving at times when they
would normally be asleep, and therefore these risks must be managed.

2.3 SLEEP
Poor sleep, such as sleeping in a moving vehicle or having a small amount of sleep over
several days, may lead to severe sleep deprivation and the irresistible urge to sleep.
This increases the risk of falling asleep while driving. Prolonged periods of physical and/
or mental exertion without enough time to rest or recover can also increase the risk of
falling asleep while driving.

There are early warning signs when a person is sleepy and these warning signs are not
to be ignored when driving. Due to the nature of fatigue, drivers have a limited ability
to predict when they will fall asleep and, by continuing to drive when sleepy, they place
themselves and others at great risk of a serious crash. Sleep indicators include:
• a drowsy feeling
• blurred vision
• difficulty keeping eyes open
• head nodding
• excessive yawning.

The restorative effects are less if the sleep is split between day and night. Some people
experience excessive sleepiness during the day, despite an apparently adequate length
of sleep. This suggests the presence of a sleep-related disorder that may require
medical attention.

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2.4 EFFECT OF IRREGULAR WORKING HOURS
Working irregular shifts can lead to irregular sleeping times, disrupting the body clock.
This may then alter the sleeping structure of the person, as the person is trying to sleep
when the body is telling them that they should be awake. This may lead to a decrease in
sleep length, bringing on sleep deprivation. Sleeping during daylight hours, from a result
of working at night, has shown to lead to reduced daily sleep, increased risk of chronic
sleep deprivation and increased feelings of sleepiness while awake.

There is also a cumulative effect on fatigue, greatly increasing tiredness on the second
or succeeding days. Fatigue levels will vary depending on workload, length of shift,
previous hours and days worked, and time of day or night worked.

Generally businesses should have in place scheduling that considers recognised driving
hours such as RTA Driving Limits or Advanced Fatigue Management Plans that are in
place in some jurisdictions.

3. LEGISLATION
NSW Occupational Health and Safety legislation places legal responsibilities on employers,
head carriers, certain consignors and consignees, drivers and others.

3.1 THE OCCUPATIONAL HEALTH AND SAFETY ACT 2000

In broad terms, The Occupational Health and Safety Act 2000 (OHS Act) establishes a
statutory framework to protect the heath, safety and welfare of people who work in NSW,
as well as those who might be affected by work activities. The OHS Act places legal
responsibilities on those who control ‘work practices’ and are therefore best placed to
influence how the work is to be performed safely. They include employers, self-employed
persons, controllers of work premises, designers, manufacturers and suppliers of plant
and substances etc. Legal responsibilities are also placed on those individuals who have
influence over the safety performance of these businesses at an organisation level. They are
expected to exercise due diligence to prevent organisational failures. Employees also have
a responsibility to follow the instruction, information, training and supervision provided by
their employer so that work progresses in a suitable and safe manner.

3.2 THE OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001

The Occupational Health and Safety Regulation 2001 (OHS Regulation) supports the
Occupational Health and Safety Act 2000.

The OHS Regulation, in general terms, requires workplace safety to be managed by

the implementation of risk management principles. Risk management is the process
whereby workplace hazards are identified; the risk of injury or illness is assessed and
then eliminated or controlled to prevent people sustaining injury or illness. Crucial to
this process is the monitoring of the effectiveness of controls.

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 The OHS Regulation also identifies particular hazardous activities, processes and substances
and prescribes certain controls for these instances. Employees also have responsibilities
to ensure that their behaviour does not place the health and safety of others at risk in the
workplace. They are also expected to cooperate with their employer and other ‘duty’ bearers
so that workplace safety can be maintained and to report OHS concerns.

3.3 THE OCCUPATIONAL HEALTH AND SAFETY AMENDMENT (LONG DISTANCE TRUCK
DRIVER FATIGUE) REGULATION 2005
This section of the guide explains how the Regulation specifically applies to employers,
head carriers, certain consignors and consignees, drivers and self-employed carriers who
are involved in the transportation of freight (but not persons) long distance.

Transport freight long distance is defined by the Regulation as meaning: ‘the transport
of freight by means of a heavy truck (whether by means of a single journey or a series
of journeys) more than 500 kilometres, including any part of a journey where freight is
transported because the heavy truck is being driven to collect freight or to return to base
after transporting freight.’

A heavy truck is defined by the Regulation as meaning: ‘a motor vehicle with a GVM
over 4.5 tonnes, or a motor vehicle forming part of a combination if the total of the
GVMs of the vehicles in the combination is over 4.5 tonnes.’

Consignors and consignees have legal responsibilities if they have 200 or more employees
and run a business of which one or more of the following are a substantial part:
• Agriculture, forestry and fishing
• Mining
• Manufacturing
• Construction
• Wholesale trade
• Retail trade
• Accommodation, cafes and restaurants
• Transport and storage
• Communication services
• Property and business services
• Cultural and recreational services.

Note: Under the Regulation, if an agent or other person acting on behalf of a consignor
or consignee commits an offence, the consignor or consignee is considered to have
committed the same offence as the agent (irrespective of the number of employees of
the agent).

A head carrier operates a business that transports freight for others by means of a heavy
truck, but is not a self-employed carrier.

A self-employed carrier operates a business as a carrier, transporting freight by means

of a heavy truck. The Regulation sets out types of business structures that fall within
the self-employed carrier definition – generally family companies, partnerships and
individuals. An example of a self-employed carrier is an owner-driver.
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3.4 RESPONSIBILITIES OF EMPLOYERS OF DRIVERS, HEAD CARRIERS, CONSIGNORS,
CONSIGNEES AND DRIVERS
Employers must not allow any of their employees to transport freight long distance
unless the employer has identified, assessed, eliminated or controlled the risk of harm
from fatigue arising from the employer’s activities. The Regulation also requires that
the employer must prepare a Driver Fatigue Management Plan (DFMP) for all drivers
employed to transport freight long distance.

Head carriers must not enter into a contract for a self-employed carrier to transport
freight long distance unless the head carrier has identified, assessed, eliminated or
controlled the risk of harm from fatigue arising from their activities. The Regulation also
requires that the head carrier must prepare a DFMP for all drivers who transport freight
long distance under the contract.

The responsibilities of consignors and consignees differ depending on whether they

contract with a self-employed carrier directly, or whether they contract a head carrier.

Consignors and consignees must not enter a contract with a head carrier for the transport
of freight long distance unless:
• they are satisfied that delivery timetables are reasonable
• each driver who will transport the freight long distance under the contract is covered
by a DFMP.

Consignors or consignees must satisfy themselves on reasonable grounds (taking industry

knowledge into account), that the delivery timetable is reasonable for the trip including
loading, unloading and queuing times.

Note: A head carrier is a person, who in the course of their business, transports freight
for other persons (but is not a self-employed carrier) – ie a transport company. In this
instance a driver’s employer or head carrier is responsible for the DFMP.

Consignors or consignees who enter into a contract with a self-employed carrier to

transport freight long distance, must identify and assess the risk of harm from fatigue to
any driver under that contract. They must eliminate the risk or if that is not practicable,
control the risk. Consignors and consignees must also prepare, in consultation with
drivers, DFMPs and make those plans available to effected drivers. In all of the above
instances, the risk assessment and the DFMP are two separate requirements that can
be combined, however, it will not be sufficient to have a DFMP that does not identify
assess, eliminate or control the risk of fatigue.

Drivers (employees), while at work, must cooperate with their employer or other persons
to ensure compliance with the OHS Act and Regulations. This includes consultation on
DFMPs and following the instructions of their employer.

An employee needs to also take reasonable steps to notify their employer or supervisor
of anything that, to their knowledge, may affect the employer’s capacity to comply with
the requirements of the OHS Act and Regulations. This could include:
• notifying the employer of any hazards that are identified during the course of a shift
• notifying the employer if they are unfit to safely drive a heavy vehicle due to fatigue
or any other reason.

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 Under the OHS Act an employee cannot be dismissed for raising OHS issues or concerns.

Self-employed persons also have duties under section 9 of the OHS Act. More information
is available from WorkCover’s fact sheets on managing long distance driver fatigue in NSW
for employers, head carriers, consignors and consignees and drivers.

3.5 CONSULTATION
An employer must consult with their employees so they can contribute to decisions
affecting their health, safety and welfare at work. Such decisions could include changes
to work systems, purchasing new plant or substances, undertaking risk assessments or
introducing control measures. In addition, a person who is required to prepare a DFMP
must consult with those persons for whom the DFMP is written.

3.6 ROAD TRANSPORT LEGISLATION AND OHS LEGISLATION

Maximum driving hours and requirements for rest breaks are prescribed under road
transport legislation. Employers, drivers, consignors, consignees and transport operators
must take this legislation into account when preparing and operating DFMPs.

Meeting driving hours requirements in road transport legislation is a starting point for
reducing fatigue and meeting the requirements of OHS legislation. However, complying
only with road transport legislation does not mean satisfactory measures have been
taken to reduce fatigue and that all requirements of the OHS legislation have been
met. Additional steps are required including risk assessments and implementing control
measures for all elements required in a DFMP.

4. DRIVER FATIGUE MANAGEMENT PLANS (DFMP)

A DFMP is a plan prepared in consultation with drivers, that sets out how the risk of fatigue
in the transport of freight long distance is to be managed. Some business may have existing
human resources manual and training documents that contain policies or procedures to
addresses issues like safety induction, fitness for work, alcohol and drugs, hazard/incident
reporting etc, across the entirety of their operations. These policies and procedures may be
incorporated into DFMPs where the material was developed in consultation with employees
and health and safety representatives.

This would be acceptable as long as the current documents:

• were appropriately referenced in the DFMP
• address the elements of trip schedules and driver rosters, management practices,
training and information about fatigue provided to drivers
• were readily available to effected drivers
• directly relevant to fatigue management.

In other situations such as one-off contracts between consignors/consignees and a self-employed

carrier, the DFMP would not be as comprehensive. A consignor’s or consignee’s duty to eliminate
or control the risk of harm from fatigue to the driver only applies to the extent that their
activities contribute to the risk.

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A DFMP must address each of the following where they may affect driver fatigue:
Trip schedules and driver rosters
• times required to perform tasks safely
• times actually taken to perform tasks
• rest periods required to recover from the fatigue effects of work
• the cumulative effects of fatigue over more than one day
• the effect of the time of day or night on fatigue.

Management practices
• methods for assessing the suitability of drivers
• systems for reporting hazards and incidents
• systems for monitoring driver health and safety

Work environment and amenities

Training and information provided to drivers regarding fatigue

Loading and unloading schedules

• including queuing practices and systems.

Accident and mechanical failures

• Reporting and recurrence prevention.

4.1 TRIP SCHEDULES AND DRIVER ROSTERS

Trip scheduling is a key factor in managing fatigue. A long distance heavy truck driver is
not to be required to drive unreasonable distances in insufficient time with inadequate
provision for rest breaks. They should also be provided with adequate notice of a
change of shifts.

Trip schedules should:

• take into account actual driver work times for the driver
• plan for adequate breaks
• provide the truck driver with an opportunity for an adequate rest and sleep
• recognise that drivers have other non-work related demands on their time and these
may reduce time for sleep
• ensure opportunities for sleep take into account activities such as washing and bathing,
eating meals and travelling to and from the depot (when travelling home for sleep).

Trip scheduling also needs to take into account delays and disruptions that may be
encountered by truck drivers during a trip, and contingency plans should be factored in.

Driver rosters plan the pattern of work and rest periods. Rosters must:
• always be in accordance with the DFMP
• maximise the opportunity for them to recover from the effects of fatigue
• consider changes to the regular sleep patterns of the driver
• give drivers sufficient notice of changes from night and day shifts to allow for sleep
pattern differences.
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 When developing trip schedules, work time needs to include rostered driving hours
as well as additional time for work that is incidental to driving – ie servicing and
maintaining the truck, loading, unloading and queuing.

4.2 MANAGEMENT PRACTICES

Management practices are critical in the development of a DFMP. It is important to
consult with those in the transport supply chain to identify risks and manage these risks
appropriately. This is especially important for trip scheduling to allow demands to be
met while complying with the Regulation.

Wherever possible, it is best to eliminate fatigue. This can be achieved by appropriate

rostering and trip scheduling combined with appropriate breaks and sleep time.

It is important to make sure that control measures put in place actually work.
The Regulation requires that a person responsible for preparing a DFMP must ensure
that their activities are consistent with the DFMP. Consulting with all parties involved
in the transport supply chain as well as checking driver logs will determine whether the
control measures are being implemented, if they effectively control fatigue and whether
the control measures adhere to legislation.

Consultation with employees during the preparation and adjustment of a DFMP is a

requirement of the Regulation.

4.2.1 Assessing the suitability of drivers

Drivers need to be in a fit state for work when presenting for duty. Factors that
can affect their wellbeing and capacity to work effectively include:
• a second job
• other driving
• recreational and sporting activities
• insufficient sleep
• stressful situations
• the consumption of alcohol/other drugs or medication.

A written company policy needs to be developed, in consultation with drivers,

outlining the importance of being fit for duty. Procedures for checking with
drivers prior to starting work need to be in place, as does a comprehensive
alcohol and drugs policy. Drivers need to understand the implications of
presenting as unfit for duty. Contingencies should be in place for these
situations, be clearly documented and communicated to employees.

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 4.2.2 Systems for reporting hazards and incidents
Systems must be in place so hazards and incidents can be easily reported,
as it is important that all hazards that contribute to fatigue be identified and
acted upon.

Employers are responsible for establishing a process for long distance drivers to
report the following types of incidents:
• They failed to obtain sufficient sleep
• They experience a level of fatigue they believe is incompatible with
operating in a safe and reasonable manner
• They believe fatigue may have played a contributing role in an actual or
near miss incident
• Mechanical defects.

It is important for all drivers to know how to report a hazard. The reporting
process provides information for trend and causal analysis and allows for
continuous improvement. As drivers are exposed to the hazards associated with
fatigue, their input is crucial to identify hazards that arise from their work.

4.2.3 Monitoring driver health and safety

Driver health and fitness is an important issue when considering how to
manage the risk of fatigue. Health and fitness directly affects a driver’s ability
to deal with stress and the demands of the job.

Common health problems experienced by truck drivers include:

• obesity and heart disease
• diabetes – uncontrolled diabetes can lead to feelings of fatigue
• sleep disorders, ie sleep apnoea.

A health management system should be developed and implemented to

assist drivers with health problems and promote better health management.
The system should include medical history, sleep disorders, diet, alcohol or
substance abuse and lifestyle. Drivers also need to have their fitness to drive
tested (refer to National Transport Commission’s National Standard Fitness to
Drive). Employees also have a responsibility for their own health and safety by
ensuring that they follow procedures.

Factors to consider when developing policies and procedures include:

• methods to generate a culture of understanding of fatigue management,
ie communication and consultation
• the type of work to be performed and body clock patterns which can
contribute to fatigue
• driver scheduling and rostering – including length of shift, allowances for
necessary rest and recovery during and between shifts
• availability of rest areas and amenities for drivers
• consultation on fatigue risks with drivers and other parties in the chain of
responsibility

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 • reviewing loading and unloading times and delays at pickup and delivery
points
• establishing driver capacity and fitness for work
• contingency planning including providing for reasonably expected delays
• training and education in fatigue management
• managing incidents and near misses
• establishing and maintaining appropriate workplace conditions
• audits.

4.3 WORK ENVIRONMENT AND AMENITIES

The provision of appropriate work environment and amenities are key factors in limiting
the risks associated with driver fatigue. Vehicle cabins need to be designed in accordance
with ergonomic standards for safe operation, and vehicles need to comply with Australian
design rules and standards.

Workplace conditions should meet Australian standards for seating and sleeping
accommodation. In particular:
• vehicle cabins are well ventilated
• seating suspension is adjustable to the driver’s height and weight
• vehicles are equipped with appropriate sleeping accommodation if drivers are
required to sleep in the vehicle.

In particular, the Australian Design Rules regarding sleeper berth, ADR 42/04, should
be taken into consideration. Allowances need to be made, wherever it is reasonably
practicable, for sleep and breaks to be taken where there is access to amenities such as
toilets, showers and facilities for meals.

The time of day and the sleep environment should to be considered, particularly in
summer when the temperature inside a truck can be excessive during daylight hours.
Parking must also be considered so the truck can be moved into a parking bay – away
from traffic noise and vibrations that may disturb sleep.

DFMPs must identify appropriate rest stops and ensure trip schedules allow drivers to
stop at appropriate locations. Drivers, however, must be able to retain the flexibility to
stop for breaks if they are experiencing symptoms of fatigue.

Where accommodation is provided away from the truck it needs to be assessed to ensure
the driver can have adequate sleep, ie away from noise, intrusions, not too hot or light.

4.4 TRAINING AND INFORMATION

A DFMP must include training and information about fatigue, its causes and how to
identify and better manage hazards. Information should include:
• common causes of fatigue, ie shift work, extended working hours, roster patterns,
driver demands and delays in loading and unloading
• tips to identify signs of fatigue
• hazards associated with extended work hours

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 • potential health and safety impacts of fatigue
• company policies and procedures for fatigue management
• how drivers are responsible for making appropriate use of their rest days, ensuring
they are fit for duty on rostered shifts.

Consideration needs to be given to the appropriateness of information, training and

supervision to be provided to members of the supply chain. This includes supervisors,
schedulers and any other person whose actions may affect road safety. Drivers who
attend training outside their normal shift need to be considered ‘at work’ and rosters
adjusted accordingly.

Training is also vital to ensure correct procedures are understood and followed by all
employees. A DFMP can be prepared, but unless employees follow these procedures,
incidents due to driver fatigue may still occur.

Training on the DFMP needs to include:

• shift work schedules
• incident and hazard reporting
• management of driver fatigue
• company policies and procedures.

This training needs to be part of company induction so employees gain an awareness of

the company’s general OHS and fatigue management systems. Further training needs to
take place on the procedures of a fatigue management plan before a driver undertakes
any trips requiring extended periods of driving. If any changes to procedures occur – as
a result of accident investigation, driver feedback, or monitoring of control measures –
training needs to occur on the revised procedures.

Training needs to combine written theory with practical application. There should also be
an assessment component to the training to ensure those being trained have acquired
the necessary skills. A supervisor may do this by observing the person following correct
procedures, or through the revision of trip records to ensure that correct applications of
the DFMP procedures have been undertaken.

4.5 LOADING AND UNLOADING SCHEDULES, QUEUING PRACTICES AND SYSTEMS

Problems can arise if consignors and consignees are inflexible with pick up and delivery
times. This can place extra pressure on drivers to make scheduled arrival times, even
when delays and disruptions occur.

The DFMP should factor in unplanned delays such as roadwork or traffic accidents that
may affect delivery schedules.

Consignors and consignees must ensure that the delivery timetable is reasonable to
minimise fatigue. This includes loading and unloading as well as queuing times and
practices. This may be achieved by:
• adding more flexibility to pick up and delivery times
• minimising the unloading/loading done by the truck driver

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 • scheduling pickup and delivery times that take into account driver delay and
disruption
• ensuring that delays resulting from loading and unloading are kept at a minimum
• providing adequate amenities for waiting drivers.

4.6 ACCIDENTS AND MECHANICAL FAILURES

A DFMP must factor in contingency planning such as unexpected delays and
disruptions. Risk factors that need to be considered include:
• the time of day – body clock rhythms, time elapsed since last break
• length of working time – whether the delay excessively adds to working time
• cumulative fatigue – adequacy of rest breaks, opportunities for quality sleep.

Schedules may need to be adjusted to accommodate the delay and/or extra rest time
added to the next shift to allow sufficient quality rest.

4.7 SUPERVISION
Employers must ensure drivers and contractors are appropriately supervised and follow
the requirements of the DFMP.

While away from the depot, supervision may include, but is not limited to:
• monitoring arrival and departure times from depots and points of destination
• welfare checks:

°° scheduled telephone calls between drivers and supervisors, supervisors and

consignees, to check on consignment progress

°° auditing logbooks against DFMP

°° auditing timesheets and pay information against DFMP when drivers are paid
on an hourly or per kilometre basis

°° using GPS tracking systems to monitor the progress of consignments against

the DFMP

°° applying a system where drivers maintain contact with the depot or a supervisor
to deal with unexpected delays, and variations to the DFMP need to be activated.

5. MONITOR AND REVIEW PROCESS

The DFMP needs to be monitored regularly to make sure procedures are followed and that
legislative requirements are being met.

In particular, it should be reviewed following any unsafe incident or near miss. Everyone
involved in the development and implementation of the DFMP should be encouraged to report
incidents or near misses so that measures can be put into place to prevent recurrences.
Random reviews should also be undertaken to ensure procedures are effective, which will assist
in determining the timing of future reviews.

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6. RECORD KEEPING
A person who is required to prepare a DFMP must ensure that all records related to the DFMP
and documents required to prepare a DFMP are retained for a period of five years (Clause 81 F).

The Regulation requires the following documents must be retained:

• All DFMPs prepared by the person responsible.
• All contracts entered into in the course of the person’s business (including any contracts
of employment) that relate to the transportation of freight long distance by means of a
heavy truck.
• All trip schedules, delivery timetables and driver rosters prepared by or on behalf of the
person responsible or to which the person responsible has access, for drivers for whom
the person was required to prepare a DFMP.
• Any risk assessments made by or on behalf of the person that relate to fatigue of drivers
of heavy trucks.

Consignors and consignees who enter into a contract with a head carrier must also keep the
following documents for a period of five years:
• All documents that the person relied on to satisfy themselves that the delivery timetable is
reasonable, with regard to the fatigue of any driver transporting freight under the contract.
• Any relevant trip schedules, delivery timetables and driver rosters to which the consignor
or consignee has access.
• All documents that the person relied upon to satisfy themselves that all drivers who will
transport freight long distance under the contact is covered by a DFMP

If any of the related documents that the Regulation requires to be retained are amended in a
material way, each version of the document must be treated as a new separate document.

If you are required to keep documents as detailed above, you must ensure that those
documents are made available to an inspector or an authorised representative in accordance
with a request by the inspector or authorised representative and, in any event, no later than
seven days after the date of the request.

7. FURTHER INFORMATION
WorkCover Assistance Service: 13 10 50
Website: www.workcover.nsw.gov.au
Transport Workers Union of Australia NSW Branch
Phone: 02 9912 0700
NatRoad Ltd: 02 6295 3000
Email: natroad@natroad.com.au

WorkCover publications
• Factsheet for consignors: Managing long distance truck driver fatigue in NSW
(Catalogue No. WC02783).
• Factsheet for employers: Managing long distance truck driver fatigue in NSW
(Catalogue No. WC02781).

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• Factsheet for head carriers who enter into a contract with a self-employed carrier:
Managing long distance truck driver fatigue in NSW
(Catalogue No. WC02782).
• Factsheet for consignees: Managing long distance truck driver fatigue in NSW
(Catalogue No. WC02780).
• Factsheet for drivers: Managing long distance truck driver fatigue in NSW
(Catalogue No. WC02779).

8. DEFINITIONS
Defined in Part 4.5 Section 81A of the Occupational Health and Safety Amendment (Long
Distance Truck Driver Fatigue) Regulation 2005.
Activities of a person include anything done or omitted to be done by the person, anything
done or omitted to be done under the terms of a contract to which the person is a party,
anything done or omitted to be done by the person’s employee or agent in the course of his
or her employment or agency and anything done or omitted to be done in accordance with a
work practice over which the person has control.
Authorised representative means an officer of an industrial organisation of employees (including
any person who is concerned in, or takes part in, the management of that organisation) who is
authorised under Part 7 of Chapter 5 of the Industrial Relations Act 1996.
Carrier means a person who, in the course of the person’s business (including a business
carried on under a franchise or other arrangement), transports freight for another person by
means of a motor vehicle.
Combination means a group of vehicles consisting of a motor vehicle connected to one or
more vehicles.
Consignee (receiver) means a person to whom a consignment of freight is to be delivered,
being a person who carries on business of which a substantial part is prescribed business.
Consignor (sender) means a person from whom a consignment of freight is to be delivered,
being a person who carries on business of which a substantial part is prescribed business.
Contract includes a series of contracts.
Driver fatigue management plan means a plan that sets out how the person required to
prepare the plan, will meet its obligations under the OHS Act and the Occupational Health
and Safety Amendment (Long Distance Truck Driver Fatigue) Regulation 2005 in relation to
any risk associated with the fatigue of drivers that transport freight long distance.
Employee is an individual who works under a contract of employment or apprenticeship.
Employer a person who employs persons under contracts of employments or apprenticeship.
Fatigue is primarily caused by prolonged wakefulness or insufficient and/or disturbed sleep.
Freight includes goods, materials, livestock or any other things, but does not include persons.
GVM has the same meaning as in the Road Transport (Vehicle Registration) Act 1997.
Head carrier means a carrier other than a self-employed carrier.

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Heavy truck means:
a. a motor vehicle with a GVM over 4.5 tonnes
b. a motor vehicle forming part of a combination if the total of the GVMs of the vehicles in
the combination is over 4.5 tonnes.
Motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the
vehicle.
Prescribed business means a business that falls within one or more of the following Divisions
recognised in the Australian and New Zealand Standard Industrial Classification (ANZSIC),
1993 edition (Australian Bureau of Statistics publication, Catalogue No WC01292.0):
• Agriculture, Forestry and Fishing (Division A)
• Mining (Division B)
• Manufacturing (Division C)
• Construction (Division E)
• Wholesale Trade (Division F)
• Retail Trade (Division G)
• Accommodation, Cafes and Restaurants (Division H)
• Transport and Storage (Division I)
• Communication Services (Division J)
• Property and Business Services (Division L)
• Cultural and Recreational Services (Division P).

Self-employed carrier means:

a. a partnership that carries on business as a carrier, being a business in which any heavy
truck used for the transport of freight is driven only by a partner of the business
b. a body corporate that carries on business as a carrier, being a business in which any
heavy truck used for the transport of freight is driven only by:
i. a director of the body corporate or a member of the family of a director of the body
corporate
ii. a person who, together with the members of his or her family, has a controlling
interest in the body corporate
iii. a member of the family of a person who, together with the members of his or her
family, has a controlling interest in the body corporate

c. an individual who carries on business as a carrier, being a business in which any heavy
truck used for the transport of freight is driven only by the individual.
Note: The classes of persons that are taken to be self-employed carriers are based on those
specified in section 309 of the Industrial Relations Act 1996.

Transport freight long distance means transport freight by means of a heavy truck (whether
by means of a single journey or a series of journeys) more than 500 kilometres, including
any part of the journey or journeys where no freight is transported because the heavy truck is
being driven to collect freight or to return to base after transporting freight.

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