Managing Fatigue [Western Australia]

Purpose

The purpose of this policy is to provide information to Western Australian drivers, to enable those drivers, to provide commercial vehicle services safely, including implementing systems or processes for the management of driver fatigue.

This policy is to be read in conjunction with the Driver Fatigue Management ANZ Policy

Safety Management System- Fatigue 

Ola’s Safety Management System incorporates managing fatigue as part of our safety requirements  for a On Demand Booking Service Provider. Driving while fatigued can severely impair judgment and concentration and is involved in up to 30% of fatal crashes and severe injuries.

The Department of Transport (DoT) listed top tips for avoiding driver fatigue which include:

  • not driving while tired and ensure that there are no issues that may affect your fatigue levels or if there are, then such issues are carefully managed;
  • stopping and taking regular breaks to walk around (e.g. at least once every 2 hours); and
  • not relying on quick fix ‘stay awakes’ such as double dose coffee, energy drinks or tablets.

WorkSafe provides a suite of resources that can assist a driver to meet their obligations to understand and  fatigue management for commercial drivers. For more information on fatigue please click here.

Fatigue Management

Ola has a duty to prevent commercial vehicle services being provided while the driver performing rideshare services on the Ola platform, is suffering from fatigue. There is a strict prohibition on persons providing such services while fatigued.

As a On Demand Booking Service Provider, Ola is required to take all reasonable steps to ensure that drivers are not affected by fatigue through compliance with fatigue management obligations.

Code of practice

The Western Australian government in collaboration with the transport industry developed a Code of Practice and Regulations for safe working practices. 

The Code of Practice for the Fatigue Management for Commercial Vehicle Drivers provides:

  • practical advice on preventive strategies; and 
  • a practical means of achieving any code, standard, rule, provision or specification relating to occupational safety and health in Western Australia. 

This Code of Practice and Regulations set standards for Duty of Care for working and sleeping hours under the  Occupational Safety and Health Act 1984 (the Act). Drivers are required to work within the systems and procedures set out for safe driving.

The Act applies the Occupational Safety and Health requirements for fatigue management that apply to all passenger transport drivers. This includes all taxi, charter, rideshare and regular passenger transport drivers.

Occupational Health and Safety Regulations 

The Occupational Safety and Health Regulations 1996 specify laws for commercial vehicle drivers designed to manage the hazard of fatigue. The Occupational Safety and Health Code of Practice, Fatigue Management for Commercial Vehicle Drivers, provides guidance on the application of those Regulations in a workplace. 

The Regulations outline the need for a “driver fatigue management plan” which sets the minimum and maximum standards for rest and work for commercial vehicle drivers.

Part 3, Division 10 of the Occupational Safety and Health Regulations 1996 at Regulation 3.133  provides that “A responsible person at a workplace must ensure that a driver fatigue management plan is developed and kept current by a competent person for every commercial vehicle driver who is required to drive a commercial vehicle that forms the whole or part of the workplace.”

A “competent person” is a person who has acquired through training, qualification or experience, the knowledge and skills required to develop and manage the systems which are documented in an effective fatigue management plan.

For more details of the Code of Practice and the Occupational Safety and Health Regulations can be found at www.worksafe.wa.gov.au – Staying alert at the wheel.

Driver fatigue management plan

A driver fatigue management plan details the practices and procedures an operator must have in place in relation to: 

(a) Scheduling trips
(b) Rostering drivers
(c) Establishing a driver’s fitness to work
(d) Education of drivers in fatigue management
(e) Managing incidents
(f) Establishing and maintaining appropriate workplace conditions.

The Code of Practice provides an explanation of the Regulations and guidance on safe work practices and ways to establish a fatigue management plan, and manage the risk of fatigue for commercial vehicle drivers. The Code explains how the Regulations apply to vehicle owners and also explains the responsibilities for commercial vehicle drivers.  For more information, please  click here

Please see Section 5 of this Code of Practice for details of the requirements for fatigue management plans.

Managing risks

Ola’s obligations

In order for Ola to manage risks so far as is reasonably practical, Ola will provide information, instruction, or training where required, to enable those drivers to provide commercial vehicle services safely. 

This requirement includes implementing systems or processes for the management of driver fatigue through the Fatigue Management Plan.

Ola must:

  • provide drivers with access to a copy of the Fatigue Management Plan
  • ensure driver’s are aware of their obligations to record their work time
  • ensure driver’s are aware of their obligations to record their overtime
  • not permit a driver to operate on the Ola platform in breach of the requirements for commercial vehicle drivers.

Driver’s obligations

A  driver is required to be in a fit state for duty taking into account:

  • a driver should be in a fit state to perform the work while working
  • Ola requires all drivers to review the  Fatigue Assessment Checklist for Drivers prior to logging on to the Ola platform, in order to assess the driver’s fitness to provide transport services to riders
  • any secondary employment  he or she has performed
  • a driver must not be impaired by alcohol or drug use
  • identify health problems that affect the driver’s ability to work safely, e.g. sleep apnoea. 

 

Rider’s obligations

Riders are encouraged to provide feedback on driving behaviour of drivers per Ola Complaints Policy for Australia (Customers and Third Parties) published on the Ola website and communicated to all riders. 

Calculating hours worked

When calculating hours worked each day, Ola requires a driver to include all work at any other employment, such as time taken for other rideshare services and any other paid or voluntary employment, even if the work is not transport related. 

Please note: when a driver is logged in and online in the Driver App, this is considered driving and/or a work related activity. Work time must not exceed the applicable hours as detailed in this policy in a cumulative work period, after which drivers must take a rest time and log off from the Driver App. 

Western Australia

Western Australia Regulation (at 3.132) limits the number of work time hours that drivers performing commercial vehicle services can undertake. Work time includes all time spent driving or performing work related duties.

Commercial vehicle drivers must adhere to the following legal requirements:

  1. record all work time rules and rest time requirements in a diary/logbook; and 
  2. understand and comply with work time rules and rest time requirements.

The operating standard below relies on three important concepts: work time, non-work time and breaks from driving.

Work time limit 

The Regulations require all drivers to:

  • drive the commercial vehicle in accordance with Regulation 3.132; and 
  • hold a certificate from a doctor that says the driver is fit to drive the commercial vehicle Regulation 3.131.

In general, all drivers must adhere to the following rules:

  • maximum 14 hours shift per day (including breaks).
  • maximum 45 hours work time in a 72 hour period (including breaks).
  • take at least 20 min breaks from driving every 5 hours when on a shift.
  • take at least 24 hours off in a 5 day period where a driver has taken a variety of shifts on a continuous daily basis during such 5 day period (i.e. where a driver has been logged on for all sorts of hours – day, evening, night etc).
  • take at least 2 periods of 24 hours off in a 14 day period where a driver has taken 14 hour shifts on a continuous daily basis during such 14 day period.

Non work time

Non work time is generally, any period of time greater than 30 minutes.

Non work time does not include any work activity as part of the rest break. For example: cruising for hire, refuelling, cleaning and checking the vehicle, doing paperwork, managing bookings, or carrying out any other work related duty. 

More information on operating standards for commercial vehicle drivers can be found at  page 40 onwards – Staying alert at the wheel.

Breaks from driving 

Any time when the driver is at  ‘at work’ but may not actually be driving a commercial vehicle – such as loading, unloading, doing maintenance, paperwork, changing tyres.

Breaks from driving can consist of all breaks from driving including breaks of less than 30 minutes. For example, toilet breaks should be recorded. 

This is because all breaks from driving can be added together to ensure that a driver has at least 20 minutes of non-driving time for every five hours, in accordance with the operating standard.  For more information please page 23 of Fatigue Management for Commercial Vehicle Drivers.

Record of commercial vehicle drivers

All commercial vehicle drivers need to keep a record of their work time, breaks from driving, and non‑work time as required by Regulation 3.134

Please see  Work sheet/driver logs template – Fatigue, driver logs for a daily trips sheet template to be completed by a commercial vehicle driver. Please also see Appendix 3 of the Appendix 3 of the Code of Practice

Resources

Please click: 

  • here  for more information on developing a Fatigue Management Plan for Commercial Vehicle Drivers and OperatorsM
  • here  for a Fact sheet – Driving commercial vehicles prepared by the Department of Mines, Industry Regulation and Safety
  • here for FAQs on Fatigue management for commercial vehicle drivers.

 

The relevant legislation in WA is Regulation 3.132 Occupational Safety and Health Regulations 1996 (WA):

3.132. Commercial vehicle driver, hours of work
(1) A commercial vehicle driver must, so far as practicable, have —
(a) for every 5 hours work time — breaks from driving totalling at least 20
minutes including a break from driving of at least 10 consecutive minutes
after 5 hours work time; and
(b) in any 14 day period — no more than 168 hours of work time.
(2) In addition to subregulation (1), a commercial vehicle driver who drives
without a relief driver must, so far as practicable, have —
(a) in any 72 hour period — at least 27 hours non work time, including at
least 3 periods of at least 7 consecutive hours non work time, with each
period separated from the next by not more than 17 hours; and
(b) either —
(i) in any 14 day period — at least 2 periods of 24 consecutive hours
non work time; or
(ii) in any 28 day period — at least 4 periods of 24 consecutive hours
non work time if, and only if, the driver has no more than 144 hours
work time in any 14 day period that is part of the 28 day period.
(3) In addition to subregulation (1), a commercial vehicle driver who drives with a relief
driver must, so far as practicable, have —
(a) in any 24 hour period — at least 7 hours of non work time, whether or not
the time is spent in the vehicle while it is moving; and
(b) either —
(i) in any 48 hour period — at least one period of 7 continuous hours
non work time, which time is not spent in the vehicle while it is
moving; or
(ii) in any 7 day period — at least 48 hours of non work time, which
time is not spent in the vehicle while it is moving, includes a period
of at least 24 consecutive hours non work time and does not
include a period of non work time of less than 7 consecutive hours.
(4) In addition to subregulation (1), a commercial vehicle driver who does shiftwork on
5 or more consecutive days must, so far as practicable, have at least 24 continuous
hours of non work time between shift changes.

Further information

If you have any questions or comments regarding anything in this document or if you require further information, you can email us at legalanz@olacabs.com.