Regulatory Advice – Fitness to drive: Mental health

Note: This information is intended as general guidance only and does not constitute legal advice. We encourage you to obtain independent advice about your legal obligations. If you have any feedback on the information provided, please contact us at info@nhvr.gov.au

This regulatory advice provides guidance on mental health and wellbeing in the heavy vehicle transport industry. It outlines practical steps to increase awareness of these and create a mentally healthy workplace.

Who is this advice for?

This regulatory advice provides guidance for:

What are my legal obligations?

Under the HVNL section 26C, each party in the CoR and their executives has a primary duty:

"to ensure the safety of transport activities, so far as is reasonably practicable."

This is an obligation to eliminate or minimise public risks, and a prohibition against directly or indirectly causing or encouraging a driver or another person, including a party in the CoR, to contravene the HVNL. CoR parties and their executives, should be aware that they remain a CoR party even when their transport activities are contracted, or subcontracted, to another party.

Under the HVNL section 26D, executives of a business that is a party in the CoR have a distinct duty:

"to exercise due diligence to ensure the business complies with its primary duty"

Note: Transport activities↓ includes all activities and business processes associated with the use of a heavy vehicle on a road.

What are the legal consequences?

If your business is a party in the CoR and it fails to eliminate or minimise public risks so far as is reasonably practicable, then it may be in breach of its primary duty. If a breach is proven, the law provides sanctions against a company and its executives, ranging from education and improvement notices to prosecution.

Why is this important to my business?

Mental health and wellbeing are a significant issue in the heavy vehicle transport industry. Workers in this industry, especially drivers, are disproportionately represented in poor mental health and suicide statistics, with suicide being a leading cause of death for drivers.

Poor mental health can also adversely affect the performance of drivers and other workers in the industry. It can affect decision-making processes, cause momentary lapses in concentration, and can even cause drivers to crash. This is in addition to it affecting general health and wellbeing and in severe cases leading to suicide.

The work environment in which heavy vehicle drivers and other workers in the industry operate, as well as the nature of the work they perform, can impact on their mental health. Employers have an obligation to provide a safe workplace and to manage the risk of psychological hazards. Building a mentally healthy workplace can have significant safety and other benefits for drivers and other workers, their employers and other road users.

Which mental health concerns and conditions are affecting the industry?

Mental health concerns and conditions that are prevalent in the industry include:

  • depression
  • anxiety.

Note: A mental health concern interferes with how a person thinks, feels, behaves, and performs. These impacts are usually less severe and of a shorter duration when compared to a person who has been diagnosed with a mental health condition. In contrast, a mental health condition can significantly affect how a person thinks, feels, behaves and performs. It is diagnosed by a health professional, and the impact on the person’s capacity to function can range from moderate to severe. Most mental health conditions can be successfully managed with the right treatment and support.[1]

Why is it important to build a mentally healthy workplace?

Building a mentally healthy workplace can contribute to:

  • the safety and wellbeing of drivers and other workers, their families and other road users through the prevention of crashes
  • the safety and wellbeing of drivers and other workers and their families through the prevention of suicide and behaviours that are detrimental to their mental health
  • a reduction in incidents and accidents
  • a reduction in employee absenteeism and turnover
  • a reduction in WorkCover claims
  • a more productive and profitable work environment
  • a working environment that prioritises employee mental health, thereby positioning your business as an employer of choice
  • removing stigmas and stereotypes surrounding mental health issues
  • an improved workplace culture
  • an increase in workforce morale, engagement and loyalty
  • staff retention and attracting good candidates to expand your workforce
  • compliance with relevant workplace legislation.

Psychological hazards in the workplace

Psychological hazards, including stress, can lead to mental health concerns and conditions. Psychological hazards in the workplace affecting drivers and other workers in the heavy vehicle industry could include:

  • unreasonable job demands, work hours and time pressures
  • job insecurity
  • poor management and business structures, especially surrounding organisational change
  • lack of social and workplace support
  • lack of physical activity
  • making poor lifestyle choices, such as poor diet, insufficient sleep or drug taking
  • experiencing isolation and loneliness, both on and off the road
  • spending frequent and extended periods away from family
  • unsafe work environment
  • being exposed to threats, aggressive behaviour and violence
  • being subjected to risky driving behaviours from other road users, witnessing crashes, or being first responders to crashes
  • having unresolved work or personal issues
  • the stigma surrounding mental health – that is, the negative attitudes and beliefs toward people who have a mental health condition.

Signs that someone may benefit from support

Employers can help build mentally healthy workplaces by increasing the capacity of their staff to recognise the signs that someone may benefit from support. Signs of mental health concerns and conditions may include:

  • unusual/out-of-character absenteeism
  • rapid dietary and weight changes
  • unusual or erratic behaviours
  • unpredictable changes in mood
  • deterioration in general health
  • being disinterested and withdrawn
  • increased use of alcohol, cigarettes and other drugs
  • overt signs of exhaustion
  • increased procrastination, forgetfulness, being disorganised and making work errors
  • complaints/discussion about headaches, muscle pains or chest pains.

How can I improve mental health and wellbeing in my workplace?

There are a range of things CoR parties, drivers and other workers in the heavy vehicle industry can take practical steps to improve mental health in the workplace.

Practical steps that CoR parties, such as employers, can take include:

  • implementing policies and procedures to assess and manage psychological hazards
  • encouraging systems where employees feel safe to raise psychological risks at work and know the workplace will take them seriously
  • providing drivers and other workers with job certainty / permanency
  • providing opportunities for drivers and other workers to access a mental health professional (i.e. Employee Assistance Program)
  • providing drivers and other workers with mental health leave
  • ensuring that drivers and workers are not subjected to ongoing unreasonable / excessive work demands and pressures
  • implementing a Return-to-Work procedure for any driver or other worker affected by a mental health issue
  • a willingness to make reasonable adjustments to job roles to support and aid in the recovery of any driver or other worker affected by a mental health concern or condition
  • conducting welfare calls to drivers whilst they are on the road
  • if using fatigue detection technology, having follow up meetings with drivers when unusual trends are detected in their on-road behaviour to unpack any contributing issues
  • educating drivers and other workers on mental health, positive self-seeking behaviours and coping skills
  • breaking down any stigmas or stereotypes surrounding mental health
  • creating regular opportunities for drivers and other workers to socialise and communicate such as through a social hub or other events
  • encouraging drivers and other workers to take rest and/or exercise breaks as needed
  • recognising and appropriately managing special dates or seasons during the year that may put increased pressure on drivers and other workers.

Practical steps that may not be front of mind for CoR parties include:

  • observing driver behaviours and taking action when warning signs are recognised
  • encouraging debrief sessions with a supervisor after a stressful or difficult event, job or task
  • leaders and managers becoming positive role models to build a culture of safety, especially around raising and discussing psychological issues and risks
  • managers and supervisors discussing their own work struggles to help normalise and encourage sharing, and foster a community for drivers to share and seek help and advice
  • encouraging regular consultation between employees, managers and employers
  • having a clean cabin policy, or ensuring that cabins are clean and always organised.

Practical steps that drivers and other workers can take include:

  • talking to your GP or a mental health professional if you experience sadness, mood swings, loss of interest, fatigue, agitation or lack of concentration
  • talking regularly to friends, family and work colleagues including organised prearranged catchup calls
  • having interests outside of work such as joining a local community or sports organisation
  • adopting an “on-road” or “at work” exercise routine and monitoring your daily physical activity (such as taking a short walk or stretching before work and during breaks or using a smart watch or similar device)
  • when driving, planning your journey and entering rest stops into your GPS in addition to the end destination
  • making healthier lifestyle choices such as eating healthier foods such as eating fresh, unprocessed foods that are low in sugars, salt and fats
  • making sure you get an appropriate amount of quality sleep.

Practical steps that may not be front of mind for drivers and other workers may include:

  • recognising that it’s okay to seek help or talk about your problems
  • cleaning and organising your cabin or workspace and having good music or podcast options
  • spending the last hour before bed without electronic technology (phone, iPad, computer, TV, etc.)
  • setting safe, realistic, and achievable goals each day
  • congratulating yourself on a job or day well done and always talking positively to yourself
  • viewing all events as a learning opportunity, especially negative events
  • doing at least one nice thing for someone or congratulating someone each day
  • always smiling when you first greet each person every day.

Resources

Safety Management System (SMS)

Management of safety risks can be more effective with the adoption, development and active use of an SMS.

An SMS is a systematic approach to managing safety – including the necessary organisational structures, accountabilities, policies and procedures – which is integrated throughout the business wherever possible.

An SMS can help you:

  • provide a safer work environment for your employees, customers, contractors and the public
  • manage your safety duties under the HVNL
  • demonstrate your ability to manage risk and ensure safety
  • become an employer of choice and preferred supplier to customers
  • make informed decisions and increase efficiency
  • allocate resources to the most critical areas that have an impact on safety
  • reduce costs associated with incidents and accidents.

Regardless of the size of your business, an effective SMS can help you have an appropriate safety focus and comply with your duty to ensure the safety of your transport activities, so far as is reasonably practicable.

Targeted guidance, tools and information about the development and implementation of an SMS is available in the 9 Step SMS Roadmap.

Understand the HVNL and your primary duty

Under the HVNL section 26C, each party in the CoR has a primary duty to ensure the safety of its transport activities, so far as is reasonably practicable. This duty includes an obligation to eliminate or minimise public risks and a prohibition against directly or indirectly causing or encouraging a driver or another person, including a party in the CoR, to contravene the HVNL.

Transport activities

Transport activities include all the activities associated with the use of a heavy vehicle on a road. These activities include safety systems, business processes, such as contract negotiation, communication and decision-making, as well as the activities normally associated with the transport and logistics sector, such as training, scheduling, route planning, managing premises, selecting and maintaining vehicles, packing, loading and unloading.

So far as is reasonably practicable

So far as is ‘reasonably practicable’ means an action that can reasonably be done in relation to the duty, considering relevant matters such as:

  • the likelihood of a safety risk or damage to road infrastructure
  • the harm that could result from the risk or damage
  • what the person knows, or ought reasonably to know, about the risk or damage
  • what the person knows, or ought reasonably to know, about the ways of removing or minimising the risk, or preventing or minimising the damage
  • the availability and suitability of those ways
  • the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.

More information can be found in Regulatory Advice - Reasonably practicable.

Executives of businesses that are parties in the CoR have a distinct duty under the HVNL section 26D to exercise due diligence to ensure the business complies with its duty to ensure the safety of its transport activities.

Due diligence

Exercising due diligence includes taking reasonable steps to:

  • acquire and maintain knowledge about conducting transport activities safely
  • understand the nature of the business’s transport activities, including the hazards and risks associated with those activities
  • ensure the business has, and uses, appropriate resources to eliminate or minimise the hazards and risks associated with its transport activities
  • ensure the business has, and uses, processes to eliminate or minimise the hazards and risks associated with its transport activities, and that information about hazards, risks and incidents is received, considered and responded to in a timely way.

Examples of executive due diligence activities include:

  • collecting information about incident rates to see if the safety management plan is working
  • participating in industry-led forums and safety seminars
  • ensuring work procedures are being followed and result in improvements in safety
  • ensuring safety incidents are responded to and investigated
  • implementing learnings from the investigation of safety incidents.

Mental Health Information and Support

Support

Information

[1] Healthy Heads in Trucks & Sheds National Mental Health and Wellbeing RoadMap.

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