Michael Crellin - National Heavy Vehicle Regulator

Michael Crellin Manager, Chain of Responsibility

November 2016

Chain of Responsibility & Heavy Vehicle Safety Conference

The Primary Duty – and what it means

Creating conditions for a Safety culture

Critical Relationships

Influencing the influencers

Education & Guidance

Overview

http://www.nhvr.gov.au/

Primary Duty: Driving a new direction

Informa CoR & Safety Conference 14/11/16

Current Regime July 2018

Deemed Liability Primary Duty

Reasonable Steps So Far as Reasonably Practicable

Onus on Defendant Onus returns to Prosecution

Fatigue, Speed, MDL Vehicle Standards added

Executive Officers after Corporation Positive Duty

Focus upon driving breaches Focus upon Business Practices


CoR: Desperately seeking Safety

Clarifying the What?

Informing Best Practice and helping to prompt the How? Without prescription.

Establishes the Why?

Enables end-to-end monitoring and identifies the Who?



CoR: Creating a Safety Culture

Regulatory Framework: Punitive Restorative Deterrent? Corrective? Lineal compliance (Braithwaite, et al) Motivators

Profit Benevolence Ethical



http://www.google.com.au/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwi3lM7_huHPAhXHlVQKHe3jDX0QjRwIBw&url=http://www.presentation-process.com/powerpoint-tutorial-funnel.html&bvm=bv.135974163,d.cGw&psig=AFQjCNF6f1KoeXtM451wVRttiTcq9ZOwqA&ust=1476766743400498

CoR: Creating a Safety Culture

Education/Information Changing the dialogue (semantics or substance?) Focus upon behaviour Making a personal connection

Partnerships Governance Assurance

Safety starts with a positive choice. Driving it through the business builds the culture.



CoR: Relationships are critical

Transporter

Consignor Consignee



CoR: Relationships are critical

Transporter

Consignor Consignee

Safety



CoR: Influencing the influencers

Simple

Friendly

Trustworthy

Commitment

Caring Smart

Simple Commitment

Caring

Contracts & Agreements

Causal Factor Investigations

Governance

Interventions

Intelligence driven Assurance



CoR: Causal Factor Investigations

Systemic Failure

Business Practices

Contractual Agreements

Management Controls



CoR: Intelligence-driven operations

Serious, deliberate, unsafe, and determined non-conformance 5%

Observers. Monitoring the regulatory environment and deciding whether to ‘take the risk’. Assessing prospects of detection & penalty vs. reward.

10%

Strivers. Bulk of our industry – wanting to do the right thing, wanting a level playing field, actively seeking safe practice.

85%

Litigation



CoR: Interventions, not enforcement

Powers

Consult

Litigation

Mediate

Litigation Prosecutions and court orders to punish, restore, and force adherence to the law.

Powers Formal processes utilising

legislative powers to obtain information, conduct

searches, etc.

Mediate Negotiated agreement to address system gaps and ensure compliant, safe practice.

Consultation No fault, no blame

collaboration. Systems analyses for sustainable

behaviour change.



CoR: Products & Activities

Codes of Practice Developing Codes of

Practice with Industry, based upon Best Practice

Industry

Investigators

Tools & Guidance Designing and building useful

compliance management tools that generate safer practices

Best Practice

Workshops to identify Best Practice for: • Industry • Investigations

Investigator Development Program Advancing investigative capability for powers, education, consultation & assurance

Industry Education Providing knowledge and capability to build management systems

Investigations Manual Developing clear guidance for the conduct of CoR Investigations



CoR: Compliance & Safety is an outcome

• Acknowledgement

• Commitment

• Investment

• Plan & Implement

If you see something … do something!



Thank You

Michael Crellin

Manager, Chain of Responsibility National Heavy Vehicle Regulator

[email protected] Ph: (07) 3309 8577



mailto:[email protected]