Recent NSW Work Health & Safety Law Reforms

Broken Cleaning in progress sign

The NSW Work Health and Safety Act 2011 was amended on 10 June 2020 [Amendment (Review) Bill 2020 (NSW)], with a number of significant reforms introduced.

 The key changes to the WHS Act include:

  • The introduction of a “gross negligence” offence was added in to the Act as a Category 1 Offence (in addition to the existing “reckless conduct” offence).
  • Increased WHS Act penalties
  • Prohibition of certain insurance arrangements

Gross Negligence

Gross negligence is defined under common law as ‘such a great falling short of the standard of care which a reasonable man would have exercised and which involved such a high risk that death or grievous bodily harm would follow that the doing of the act merited criminal punishment’.

What does this mean in workplace terms? Anyone in your workplace who has a health and safety duty but, without a reasonable excuse, exposes an individual to a risk of death, serious injury or serious illness through an act of gross negligence.

This term was added to the existing “reckless conduct” offence, which applies to anyone who recklessly engages in conduct that exposes an individual, to whom they owe a health and safety duty, to a risk of death, serious injury or serious illness. Prosecution under this kind of conduct requires evidence of some foresight of the risk.

It is expected that the amendment will make it easier to prosecute Category 1 offences for the most serious safety shortcomings, which previously (in most circumstances) required proof of a conscious choice to take an unjustified risk.

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Increased WHS Act Penalties

At the time of legislation, a penalty unit has the monetary value of $100 (AUD) but will increase on 1 July each year in accordance with the Consumer Price Index (CPI).

The maximum penalties now available under the WHS Act for Category 1, 2 and 3 are:

Maximum Penalties in NSW under the WHS Act

                                                                       [One Penalty Unit = $100]

Category of Offence Individuals

PCBUs

(as an Individual or an officer of a PCBU)

PCBUs

(Body Corporate)

Category 1

[Section 31 of Act]

Gross Negligence or

Reckless Conduct.

3,465 penalty units or

5 Yrs imprisonment – or both

6,925 penalty units or 5 Yrs imprisonment – or both 34,630 penalty units

Category 2

[Section 32 of Act]

Failure to comply with a health and safety duty that exposes an individual to a risk.

1,730 penalty units 3,465 penalty units 17,315 penalty units

Category 3

[Section 33 of Act]

Failure to comply with a health and safety duty.

575 penalty units 1,155 penalty units 5,770 penalty units

Prohibition of Certain Insurance Arrangements

An amendment to section 272A of the WHS Act now prohibits insurers and insureds from entering into insurance contracts that indemnify an insured for monetary penalties under the WHS Act.

How can TigerFleet help?

The changes implemented under the Amendment (Review) Bill 2020 (NSW) mean that it is more important than ever for General Managers, Chief Executive Officers and other senior managers to ensure that they are exercising due diligence in their daily activities and ensure that their organisation has comprehensive safety management systems in place and quality assurance processes that verify the ongoing effectiveness of those systems and overall compliance with Work Health & Safety laws.

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TigerFleet Management is used by enterprises, companies, sole traders and auditors to demonstrate compliance with national accreditation schemes and regulations. It has all the tools you need, including:

  • Internal & External Audit Compliance
  • Store Digital Copies of Records
  • Electronic Task Reminders
  • Real Time Reporting
Trial the POWER of TigerFleet for 14 days
Obligation Free

TigerFleet Tracking offers a fully integrated high quality Telematics and Fleet Management platform that is designed to track and manage vehicles, trucks, cargos, bicycles, boats, non-powered assets and people for a personal households and businesses all over the world.

With all the tools to meet even the most stringent compliance requirements and the ability to generate the reports you need when you need them at the click of a button, TigerFleet is an essential part of your winning compliance strategy.

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For the full version of the Work Health and Safety Act 2011 No 10 visit NSW Legislation or copy and paste https://www.legislation.nsw.gov.au/#/view/act/2011/10/full into your browser

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Vehicle Daily Checks

The operator of a heavy vehicle is responsible for ensuring that each vehicle is roadworthy. A daily check is a quick visual inspection that can be undertaken on a heavy vehicle prior to leaving the yard, depot or rest area.

The NHVR have released this guide to some of the items that might form part of your list of daily checks. (The full list of components and their inspection criteria is contained in the NHVR’s National Heavy Vehicle Inspection Manual – also available at our Downloads Page or at www.nhvr.gov.au/nhvim).

This handy checklist can be downloaded as a pdf from our downloads page, or from the NHVR website at https://www.nhvr.gov.au/files/201611-0434-creating-heavy-vehicle-daily-checks.pdf

[Note: This list is a visual check and serves as a guide only. It may be used as a basis for operator checks and should be adapted for each operator’s individual circumstance. It does not replace a full safety inspection.
© National Heavy Vehicle Regulator (2020)  http://creativecommons.org/licenses/by-sa/3.0/au]

Coronavirus Detection and Prevention

Symptoms of COVID-19

Symptoms of COVID-19 include fever, cough, runny nose and shortness of breath.

In more severe cases, infection can cause pneumonia with severe acute respiratory distress.

How COVID-19 is spread

    Human coronaviruses are spread from someone infected with COVID-19 to other people in close contact

    • through contaminated droplets spread by coughing or sneezing, or
    • by contact with contaminated hands, surfaces or objects.

    When COVID-19 symptoms appear

      The time between exposure to the virus and the first appearance of symptoms is typically 5 to 6 days, although it may range from 2 to 14 days.

      For this reason, people who might have been in contact with someone confirmed to have COVID-19 are being asked to self-isolate for 14 days.

      To help prevent the spread of COVID-19 (or the flu):

      • wash your hands frequently with soap and water, before and after eating, and after going to the toilet
      • cough into your elbow or into a tissue and immediately put the tissue in the bin, and
      • if unwell, avoid contact with others (stay more than 1.5 metres from people).

      When to get tested for COVID-19

        Testing for COVID-19 is recommended for:

        • anyone returning from overseas travel who develops symptoms within 14 days of return
        • people who have been in close contact with someone confirmed to have COVID-19 and develop symptoms within 14 days of last contact  
        • people admitted to hospital with severe respiratory infection, even if they haven’t returned from overseas travel.

        How COVID-19 is diagnosed

          Infection with COVID-19 is diagnosed by finding evidence of the virus in respiratory samples such as swabs from the back of the nose and throat or fluid from the lungs.

          Samples for testing can be taken:

          • directly by GPs, or
          • at private pathology sites across NSW suitable for collection of COVID-19, or
          • at public hospitals across NSW.

          How COVID-19 compares with the flu

          The Five Steps to Kicking Out Caronavirus (from the World Health Organisation)

          The World Health Organisation has advised that the five most important things you can do to protect yourself, other staff and the public are:

           

          • wash your HANDS regularly
            • using soap and water (at least 40 seconds is recommended)
            • using an alcohol-based handrub, particularly if hands are not visibly soiled, (a minimum 20 seconds is recommended) – on road operators and drivers should carry additional handrub.
          • practice good respiratory hygiene/etiquette. cover your mouth while coughing or sneezing with a tissue or inside of ELBOW, and dispose of tissue immediately into a sealed container or biohazard bin
            • wash your hands after coughing or sneezing, or handling contaminated tissues
            • turn your head away from others when coughing or sneezing
          • avoid touching your FACE, particularly your eyes, nose and mouth (even if wearing gloves)
          • maintain a DISTANCE of at least 1 metre from other people
          • stay at home if you FEEL unwell or have symptoms of acute respiratory infection, wear a surgical face mask when in the presence of others who may be at risk, and seek medical care if you exhibit respiratory distress

          Keep Yourself Updated with the Facts (not everything you read on the internet is true!)

          We urge everyone to take steps to maintain their health and wellbeing, and to help Stop the Spread of coronavirus (COVID-19). The health authorities are continually updating advice on the impact of coronavirus (COVID-19), and we recommend that you all keep yourselves updated with the information on the Australian Government Department of Health website – www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert

          Peace of Mind (Part 3) – Why TigerFleet?

          TigerFleet is a leading fleet management and compliance tool, with over 20 years of consultative development between industry experts and a range of transport companies. Our software platform has evolved to become a market leader, and it continues to grow and develop due to its associations with other specialist fleet hardware and software providers. 

          Stencil of hi-vis vest on ground with the word Future? written in it

          Our Background

          The software concept was first conceived by Bob (Robert) Moyle in the late 1990s. Sadly, Bob is no longer with us but the software that he was so passionate about has grown to become his legacy to the transport industry, an industry that Bob worked in as an operator and trainer in for much of his life.

          When it was first designed back in 2000, the software was called FleetMaster and, as all software was back then, it needed to be installed on either a company server or a personal computer, with the database kept locally. In 2010 Bob realised that the software world was changing and FleetMaster was redesigned and rebuilt for the cloud environment. The reprogramming and testing took around four years and the result was TigerFleet Management, the powerful program that we have today.

          Peter Rowland has been involved with the company since its first year, initially as a designer, tester and consultant, and as the company’s senior manager since 2016. Peter has worked in the transport industry in many roles since 1984. He has fond memories of FleetMaster and can personally attest as to just how far the software has come.

          In 2019, we relocated to the incredible serviced offices at the University of Wollongong Innovation Campus, to better enable us to service our client’s needs and

          Our Products

          TigerFleet Management

          This is our flagship product. TigerFleet Management is a powerful fleet, employee, contractor and compliance saas platform. It has been trusted by enterprises, companies, sole traders and auditors to demonstrate compliance with national accreditation schemes and regulations. It has all of the tools you need to ensure you meet the requirements of one or multiple schemes, satisfy audit criteria, demonstrate compliance or regulatory guidelines. TigerFleet Management has a proven track record, with 20 years of industry development, and gives you the power you need to succeed every day.

           

          TigerFleet Tracking

          TigerFleet Tracking has fleet tracking, telematics and driver activity solution with a wide range of options for tracking and monitoring your assets and cargo.

          Modern day logistics requires a lot of information for business optimization. In addition to GPS tracking, CANBUS trackers allow you to monitor your vehicle’s engine management system.

          Advanced driver monitoring allows you to reduce operational costs, increase safety and comply with your legal requirements.

          OBD-II and Engine Management (EM) Port ‘Plug & Play’ trackers can help reduce installation expenses and establish liability with real time tracking, warnings when a theft attempt or crash is detected, trace accidents & get fault reports.

          BlueLink is the ideal Electronic Logging Device (ELD) to be used with smartphones or broadband tablets, for fleets looking for ELD compliance with basic fleet management. BlueLink plugs into the vehicle’s ECM port (J1939, J1708 or OBDII port), automatically detects and switches between them and sends via BLE to any ELD App the engine diagnostics data required for Fatigue Management compliance including: Odometer, Engine Hours, Engine ON / OFF. BlueLink ELD also sends additional engine data such as: fuel level, fuel consumption and major engine diagnostic codes. Simply Plugs into Your Vehicle’s ECM and Detects and Auto-Switches Between J1939, J1708, OBDII Protocols

          Other products include solar-powered and battery-powered tracking units for trailers, and an RF Tag with built in temperature sensor, specifically designed for refrigerated trailers and containers.

          We also have a number of smaller Bluetooth tags and sensors, all have long-life lithium batteries (up to 15 yrs), some have temperature or movement sensors, while others are slimline for pockets and bags or can be attached onto a staff members keyring or uniform. Compact, versatile and water-resistant, these RF and Bluetooth tags/beacons are ideal for tracking anything, including shipments (slip inside a box of valuables or a toolbox), hand trolleys, generators, pressure washers, signs, laptops, PCs and shipping containers. With transmission ranges of up to 500 metres these are simply placed on any asset to be monitored, they are easy to deploy and highly scalable, no IT required.

          Combined

          TigerFleet Tracking exports data to TigerFleet Management to help you better manage your fleet and real time alerts for approaching tasks. The most logical place to start was with the odometer readings, as the maintenance tasks of most vehicles is based on distances travelled. Vehicles fitted with a TigerFleet Tracking unit reports its odometer reading to TigerFleet Management once a day, every day, so your maintenance staff know exactly how close that vehicle is to its next service.

          We are working on other integrations, including engine management fault reports, fuel levels and driver hours to name just a few.

          While the two software packages are powerful stand-alone systems, when combined they are a one stop, integrated solution for any company that operates a fleet of vehicles, locally or around the globe.

          Our Partners

          Gyrus Solutions

          The engine room behind the TigerFleet Management platform and API integration is Gyrus Solutions. Gyrus Solutions is a software development team based in Kiev, Ukraine. Founded in 2003, the team has over 15 years of experience in delivering full-cycle application development services to their clients worldwide. Their core activities include Azure cloud; Android applications development; Web-based B2B and B2C solutions; Specialized client-server ERP and data processing systems; Legacy Systems and application re-engineering; Database design, consulting & optimisation; Project recovery and rescue. They provide expertise and software development with industry-wide IT technologies: Core – Windows Azure, C#, ASP.NET MVC, Java (Android), DBMS – Microsoft SQL Server, Azure SQL.

          Gyrus Solutions has worked closely with TigerFleet for over five years, consistently delivering the highest standard of service. Without them, TigerFleet would not be the success it is today.

          Teltonika

          Teltonika have been creating the internet of things (IoT) for over 20 years now and want their products and solutions to be used globally and to become indispensable in any business. Their team of professionals is the key to our partnership with them and the quality of service that we can offer our clients. TigerFleet Tracking uses a wide range of Teltonika vehicle tracking products, each dedicated for professional applications. They constantly upgrade their existing products and launch new ones to meet expectations of their customers. Teltonika also supplies TigerFleet Tracking with a range of accessories which are fully compatible with Teltonika Vehicle Telematics products, which enormously expands devices use cases and create a huge added value for your solutions.

          Wireless Links

          In 2019 TigerFleet Tracking was delighted to add the powerful Wireless Links suite of devices to its platform. With this association, TigerFleet Tracking can now offer Driving Hours Logging, CANBUS plug and play solutions and Driver Vehicle Inspection Reports as part of your existing Telematics solution or as a new, state of the art solution for your business. TigerFleet will also be working on an accredited Electronic Work Diary (EWD) solution with Wireless Links. All Telematics, Vehicle Inspection and Driving Hours data will be fully integrated with the TigerFleet Management platform to further strengthen our position the market and provide our clients with the most affordable, secure and reliable solution possible.

          Nexus One

          Nexus One was formed to meet the growing needs of the modern IT landscape. They are an Australian, Sydney based company, with a global reach. Their talented staff possess great enthusiasm when it comes to internet technologies, they welcome fresh ideas and try to build culture that allows them to thrive. Nexus One hosts the mainstay of their infrastructure in the Equinix SY3 data-centre. It provides their customers with the benefits of hosting within an N+1 rated data-centre, which has the state of the art facilities, including Redundant Power, Cooling and Climate Control, Fire Supression and 24/7 Security. They also offer services in the Equinix +ME1 data-centre in Melbourne which has the same N+1 rating for customers that need a higher level of redundancy.

          Nexus One provide TigerFleet with Web Hosting, VoIP, Connectivity Solutions and some Hosted Services. Nexus One look after us, so we can look after you.

          Our Promise

          TigerFleet has risen to its current level by listening to its customers and designing the solutions they need. We are constantly researching opportunities to deliver a better, more cost-effective and increasingly seamless software solution.

          TigerFleet strives to provide its customers with the best software platform, with automated or a single data entry point, which then communicates with other leading operational, compliance and financial products.

          TigerFleet will POWER its customers into the future with a software solution that continues to be outstanding value for money, reliable and of the highest quality.

          We believe every business or user is unique and must be treated as an individual, yet most of the challenges of managing a fleet are very common. This application has been developed using industry best practices in terms of technology selection and feature ease of use which has been provided by industry experts.

          At TigerFleet we encompass the latest technology to tackle the rapidly evolving user requirements, thus making the day-to-day tasks more automated and less time consuming. Using our system means you don’t have to concern yourself about updates and installs, your platform will simply scale as your needs grow.

          With an understanding of how you manage your vehicles, equipment and employees, we can demonstrate significant administrative and operational cost saving benefits. All we need to do is cover a few key questions so that we can identify the correct solution.

          TigerFleet values fairness and diversity within the workplace, and empowers its employees by showing respect for ideas and creativity, providing the training and tools for their development and engaging in meaningful consultation.

          Trial TigerFleet for 14 days to experience the true POWER of a complete vehicle, staff and contractor management solution.

          Peace of Mind (Part 2) – Understanding Cloud Technology

          In part one of this discussion on data protection and technology we looked at some of the ways that you can protect your personal data while browsing the internet and shopping online. This part looks at the shift to cloud technology and protecting data stored in the cloud or on in house servers.

          What is Cloud Technology?

          Cloud technology has been around for many years now, but the levels of trust in the security of the system and understanding of cloud-based technology varies from person to person and company to company. 

          Cloud-based software, simply put, is software that is stored on servers owned or leased by the software provider. The servers are typically held within secure and climate controlled third-party data centres, and all you need to access the software is an internet connection and th
          e software provider takes care of the rest. You typically pay a subscription fee for the software and access it much the same way that you would access a website.

          In House Servers

          Until relatively recently, businesses that use software packages and share files and folders across their business network would have needed an in house server and a network of workstations with unique addresses. If set up correctly, a workplace network is a simple way of sharing data among employees and does not require an internet connection to operate.

          With increased technology (and access to an internet connection or mobile data network) Virtual Private Networks (VPNs) and Remote Desktop Connections enabled companies to share a single network with multiple physical locations, both nationally and internationally.

          Hosted Servers

          Server hosting is a bit of mix of the above, and is a service offered by network providers who run all the software that you would ordinarily house on your internal server on a remote server that they either own themselves or lease. You may have a server dedicated to your company, or you may share a partition of one with someone else. You typically rent/lease an amount of data storage space, same as you would rent/lease office space.

          As with cloud-based software, you need your own personal computer, laptop or tablet and a reliable internet connection to access the hosted server. 

          Which is Better for my Business?

          For many people there is something comforting about having a large server ticking away within a data room on your own premises. You know that your data is sitting in your own building, you are in control of its fate – good and bad, and you are not dependent on a third party provider and the internet speed and stability in order to get your daily work done. But, and this is an important but, you need to protect your hardware, software and data; many companies are at risk of losing its data through inappropriate backup schedules, insufficient hardware maintenance, power surges, viruses, spyware, hacking and a host of other factors. 

          Although high-end in house servers can be extremely expensive, and the cost of maintaining them can be high, if you are in an area where you do not have fast and reliable internet this might be your only option. Even if you do have good internet, your own server can be a more cost-effective solution for small businesses, and a lower spec server or a powerful PC might suit all your needs. 

          Solid state drives offer faster, smaller and longer lasting computers, which may be an option for your in-house server, but these advantages come with a trade-off. Larger capacity solid state drives are expensive, especially for the better brands, which means that storing large amounts of data locally can be very expensive, and increasing your data storage capacity can be complicated.

          Cloud-based systems (including hosted servers) easily allow for multiple users to access your important data in real time, from any device, increasing productivity, access to information and user independence. This 
          reduces business risk and ensures a level of flexibility that on-premises equipment simply can’t offer. You would typically have a known cost per month to access the system and extra storage/users can be added as and when it is needed.

          Providers of cloud services are responsible for a broad set of policies, technologies, applications and controls in order to protect the internet portals you access your data through as a client. They are responsible for ensuring the compatibility of the applications and services they provide with the browsers through which you access them. They are also responsible for the security of your information and take care of hardware maintenance, data backups and related services for you.

          Although there are many pros and cons of each type of system, and an initial assessment may suggest that the on-premise solution is cheaper, if all factors are considered, cloud-based technology offers much greater value and flexibility.  

          A Common Sense Approach

          Regardless of what you decide, you still need to have systems in place to prevent data breaches and potential losses. In part one of this series, we discussed how poor password security is responsible for over 80% of data breaches, but leaving computers unlocked, having inadequate virus and spyware protection and sharing your login details with other people can lead to big problems. 

          Even though you might have the latest and the best virus and spyware protection installed, the software you have is always one step behind the bad guys. To put it another way, the antivirus needs the virus to exist in the first place for it to be needed, so never ‘assume’ that you are protected from the suspicious email you are about to open.  

          How does TigerFleet Store and Protect your Data?

          TigerFleet’s main database is hosted on Microsoft Azure servers. Microsoft Azure has the largest global network, servicing 55 regions and 140 countries around the world. Each region is a set of data centres that are interconnected via a massive and resilient network. The network includes content distribution, load balancing, redundancy, and encryption by default.

          Azure regions are organized into geographies, and each geography ensures that data residency, sovereignty, compliance, and resiliency requirements are honoured within geographical boundaries. Geographies are fault-tolerant to withstand complete region failure, through their connection to the dedicated, high-capacity networking infrastructure.

          Microsoft’s datacenters comply with key industry standards, such as ISO/IEC 27001:2013 and NIST SP 800-53, for security and reliability, and are managed, monitored, and administered by Microsoft operations staff. The operations staff has years of experience in delivering the world’s largest online services with 24 x 7 continuity.

          TigerFleet ensures that data stored with Azure is encrypted in accordance with their standards and maintains control of the keys that are used by its cloud applications to encrypt data. Encryption of data in storage and in transit is deployed by TigerFleet as a best practice for ensuring confidentiality and integrity of data. TigerFleet uses SSL to protect communications from the internet and even between their Azure-hosted VMs.

          TigerFleet has opted for Geo-redundant storage (GRS) with Azure. GRS maintains six copies of your data. With GRS, our/your data is replicated three times within the primary region. The data is also replicated three times in a secondary region hundreds of miles away from the primary region, providing the highest level of durability. In the event of a failure at the primary region, Azure Storage fails over to the secondary region. GRS helps ensure that data is durable in two separate regions.

          If a customer closes their account, they can request to have all of their data destroyed immediately. If this is not requested, their data is retained by TigerFleet for 12 months, which allows the client to export all of their data to Excel if they wish to use it elsewhere (e.g. upload to a new provider). At the end of this period, however, the data is destroyed.

          Why Microsoft Azure?

          Access to customer data by Microsoft operations and support personnel is denied by default. When access to customer data is granted, leadership approval is required and then access is carefully managed and logged. The access-control requirements are established by the following Azure Security Policy:

          Azure provides customers with strong data security, both by default and as customer options. Azure is a multi-tenant service, which means that multiple customer deployments and VMs are stored on the same physical hardware. Azure uses logical isolation to segregate each customer’s data from the data of others. Segregation provides the scale and economic benefits of multi-tenant services while rigorously preventing customers from accessing one another’s data.

          Microsoft helps ensure that data is protected if there is a cyberattack or physical damage to a datacenter. This includes in-country/in-region storage for compliance or latency considerations, and out-of-country/out-of-region storage for security or disaster recovery purposes.

          When customers delete data or leave Azure, Microsoft follows strict standards for overwriting storage resources before their reuse, as well as the physical destruction of decommissioned hardware. Microsoft executes a complete deletion of data on customer request and on contract termination.