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The National Heavy Vehicle Regulator (NHVR) is continuing to target dangerous and non-compliant behaviour across the heavy vehicle industry, with a renewed focus on highest-risk operators and sham contracting.
A new episode of the NHVR What’s Your 20? podcast released today highlights the regulator’s ongoing work to address both issues.
A recent NHVR crackdown resulted in prohibition notices grounding several heavy vehicle businesses flouting safety regulations across the country, following intelligence-led investigations into the small number of highest-risk operators presenting significant risks to public safety.
The regulator used a multi-channel approach, reviewing Heavy Vehicle National Law (HVNL) compliance outcomes, crash data, Safe-T-Cam fatigue data and reports to the Heavy Vehicle Confidential Reporting Line, to identify more than 20 operators presenting an unacceptably high risk to public safety.
NHVR Chief Executive Officer Nicole Rosie said the regulator was also continuing to work closely with government and industry partners to address sham contracting practices across the sector.
This week, the NHVR met with senior leaders from Federal and State Governments, Treasury, Australian Border Force and the Fair Work Ombudsman alongside industry leaders to discuss sham contracting and its impacts on safety, fairness and the long-term sustainability of compliant operators. This event was convened by Senator Glenn Sterle.
Ms Rosie discussed both issues in the latest episode of the NHVR’s What’s Your 20? podcast.
“The majority of the heavy vehicle industry operates safely and professionally, often under significant pressure. These businesses invest in compliance, maintain their vehicles, and prioritise the safety of their drivers and the community,” Ms Rosie said on the podcast.
“Our focus is increasingly on the small cohort of highest-risk operators - those who repeatedly fail to comply with the law, are involved in serious incidents, or do not act on known risks.
“If you are a high-risk operator and you do not meet your obligations, we will take action.”
Of the 21 operators identified as highest-risk, nine are no longer accredited by the regulator, another 10 are in the process of having their accreditation eligibility reviewed and two have been issued notices warning of potential accreditation action.
Ms Rosie also addressed industry concerns around sham contracting in the podcast episode.
“A very common theme from the industry, operators, associations and also drivers, is this concern about sham contracting,” she said.
“We're very supportive of initiatives to address sham contracting within the sector - a lot of that will be dealt with through other regulators ... but we are certainly very worried about the safety and sustainability impacts of sham contracting on the sector and on the system.”
Heavy vehicle drivers who think they may be in a sham contracting arrangement can seek advice from the Fair Work Ombudsman by visiting fairwork.gov.au.
