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 the management of known and unknown medical conditions of drivers and other workers in the heavy vehicle industry.

Who is this advice for?

This regulatory advice provides guidance for:

• parties in the Chain of Responsibility (CoR) and their executives.
• heavy vehicle drivers.

What are my legal obligations?

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.

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?

Heavy vehicle driving has been described as one of the ‘unhealthiest’ and ‘deadliest’ jobs in the country.

In the United States of America, the life expectancy of a heavy vehicle driver is from 12.1 to 19.4 years lower than for other professions. While Australian data is still being developed, it is anticipated to demonstrate that the life expectancy is also drastically lower for heavy vehicle drivers in Australia. Heavy vehicle drivers are particularly vulnerable to chronic health conditions and are more likely to experience poor mental health and/or become overweight or obese.

Chronic health issues can adversely impact heavy vehicle drivers’ ability to safely operate a vehicle. For example, heavy vehicle drivers with diabetes have a higher risk of being involved in a crash, and those with sleep apnoea are more likely to experience fatigue and microsleeps.^[1]

It is important that parties in the CoR work with heavy vehicle drivers to ensure they are fit to drive by managing known and unknown medical conditions.

Which medical conditions are commonly affecting workers in the heavy vehicle industry?

Both mental and physical health issues are overrepresented in heavy vehicle drivers; however, there are some chronic health issues that are more prevalent. If not detected or left untreated, these medical conditions can have catastrophic outcomes on safety in the workplace or on the road.

These medical conditions include:

• diabetes
• heart disease
• high cholesterol
• sleep disorders – for example, sleep apnoea, narcolepsy and insomnia
• hypertension
• musculoskeletal problems
• vision and hearing problems
• deep vein thrombosis and blood clotting
• being overweight or obesity.

Why is it important to manage these medical conditions?

For the safety of drivers, other workers and other road users, it is important that you understand the medical conditions prevalent in the heavy vehicle transport industry, and how you can help workers manage these conditions. Proactively managing medical conditions will ensure that you can sustain a network of safe and experienced drivers who are fit to operate heavy vehicles.

In addition, management of medical conditions will contribute to:

• the safety and wellbeing of drivers and other road users through the prevention of crashes
• a positive working environment that prioritises employee health and wellbeing
• positioning yourself as an employer of choice
• reduced WorkCover claims
• more open and honest reporting to management of ailments
• reduced sick leave and absenteeism
• increased fitness for work
• increased employee quality of work and efficiency
• increased employee participation in health and wellbeing initiatives and reporting
• a more productive and profitable work environment
• compliance with relevant workplace legislation
• a sustainable workforce.

Factors which may be contributing to medical conditions

The nature of the heavy vehicle transport industry means that heavy vehicle drivers are often subjected to long hours sitting down and other factors that may negatively impact physical health. Several factors associated with transport activities contribute to the overrepresentation of chronic health issues within the heavy vehicle industry including:

• shift work and long hours of work
• lengthy sedentary postures and activities
• insufficient sleep and sleep deprivation
• toxic fumes
• noise and vibration exposure
• lack of exercise
• repetitive tasks
• overexertion when performing a task
• poor or unfavourable working conditions
• difficulties accessing healthcare
• smoking or vaping
• high Body Mass Index (BMI), being overweight or obese
• poor diet.

How can I manage medical conditions?

There are a range of things that parties in the CoR and heavy vehicle drivers can do to help manage and overcome medical conditions.

CoR parties

• Conduct thorough pre-employment medical examinations to identify pre-existing conditions.
• Include a pre-employment fitness examination relevant to job requirements.
• Develop medical assistance plans with employees’ healthcare professionals.
• Help drivers with a medical condition manage this while working. For example, a driver diagnosed with sleep apnoea may need to travel with a Continuous Positive Airway Pressure (CPAP) machine.
• Undertake scheduled health check-ins for at-risk employees.
• Conduct annual and post-incident medical examinations to ensure drivers remain fit to drive.
• Offer permanent employment conditions that include paid sick leave.
• Conduct pre-duty fitness checks and empower drivers to conduct self-assessments.
• Provide comfortable sleeping cabins with blackout curtains, heating and cooling.
• Incentivise healthy habits. For example, run a monthly competition with prizes for the driver who takes the most steps.
• Provide guidance on how to exercise on the road. For example, this might include 10 simple exercises that can be done without equipment.
• Facilitate healthy choices on the road. For example, educate drivers on the importance of healthy eating, exercise and making healthier choices at truck stops, and install fridges in cabins to encourage drivers packing healthy meals
• Allow enough time in the schedule for drivers to prepare food and exercise during breaks and rest stops.
• Allow employees to take a ‘time-out’ to rest, refocus and manage their health.
• Avoid ‘managing’ an employee. Work with them towards a better healthier outcome instead.

Drivers

• Prioritise your health and wellbeing.
• See your GP for regular check-ups, when you feel unwell or when you are injured.
• Report to your employer and licensing authority all long-term or permanent injuries and illnesses that may affect your ability to drive safely.
• Join groups (community or government) that can help you manage your condition.
• Respond truthfully to questions about your health status to your employer and healthcare professional.
• Work with your employer to help manage your condition.
• Follow any prescribed medical advice and treatment from your healthcare professional.
• Make the time to do at least 30 minutes of exercise every day. This can be broken into 3 lots of 10 minutes.
• Engage in recreational activities, especially outdoors.
• Pack easy and healthy on-the-road meal options.
• Stay hydrated by taking regular sips of water.
• Choose healthy alternatives from truck stops.
• Avoid habits detrimental to your health, such as excessive drinking, smoking and drug use.
• Create new healthy habits and practise them daily.
• Allow yourself ‘time-outs’ to rest or refocus.
• Aim for at least 7 hours of continuous sleep.
• Be social and frequently connect with family, friends, and colleagues.
• Manage your health holistically, including your mental health. More information on managing mental health can be found in the Regulatory Advice Fitness to drive: Mental health article.

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

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.

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.

Physical Health Information and Support

• OzHelp Foundation | Health & Wellbeing at Work
• Australian Guide to Healthy Eating | Eat For Health
• Physical activity and exercise guidelines for all Australians | Australian Government Department of Health
• Healthy Heads in Trucks and Sheds