Health and Safety at Work Act (HSWA)

Below are some snippets from the HSWA that apply to all Transport Business Operators whom employ and/or facilitate work to or for.

In short; if you or your company holds a Transport Service License (TSL), and engages Drivers to carry our work then you are subject to this legislation.

Failure to comply can result in significant Fines and Penalties.

Key items of interest

Primary duty of care

A Person Conducting a Business or Undertaking (PCBU) has the primary duty of care - the primary responsibility for people’s health and safety at work. It must ensure, so far as if reasonably practicable, the health and safety of:

• its workers
• any other workers it influences or directs

The PCBU must also look after other people who could be put at risk by its work, for example, customers, visitors, children and young people, or the general public

Due diligence

Taking reasonable steps to ensure the business has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety

Overlapping duties

When two of more businesses operate together, for example at the same location or in a contracting arrangement, they must work together to fulfil their primary duties of care.

A business cannot contract out its duties. However, reasonable arrangements can be made with the other business to fulfil its duty, taking into account the level of influence or control each has over the overlapping work.

Find out more

This getting started guide covers the essential aspects of the Health and Safety at Work legislation that all TSL Holders and Facilitators are subject.