OH&S, Duty of Care, Liability and Cargo Barriers
6 key facts

  1. Under our system of government, the States and Territories have responsibility for making laws about workplace health and safety, and for enforcing those laws. “The key principle of each Occupational Health and Safety (OHS) Act is the ‘duty of care’ responsibility given to employers to provide a safe place of work for employees.” [1] “Duty of care requires everything ‘reasonably practicable’ to be done to protect the health and safety of others at the workplace……the duty holder must show that it was not reasonably practicable to do more than was done or that they have taken ‘reasonable precautions and exercised due diligence".[2]
  2. If your employees carry cargo in their vehicles, it is the fleet manager’s responsibility to ensure that this cargo is safely restrained. 
  3. A Milford Cargo Barrier is the best protection you can give them.
  4. The stringent Australian Standard (AS4034) specifies the performance criteria for cargo barriers. Milford Industries produces cargo barriers that meet this standard for most popular vehicles in the market.  Many cargo barriers available in the market place do not meet this important safety standard.
  5. When you are procuring a new vehicle and have the opportunity to choose a cargo barrier, select your barrier on the basis of performance, not price.  Lives and liability may depend on your choice.
  6. Personal fine and jail
    If negligent, corporations can face fines of up to $500,000.  Individuals, including fleet managers, can face fines of up to $50,000 and / or up to 2 years’ jail.[3]

[1] National Occupational Health & Safety Commission, ‘Your OHS Legal Obligations’, www.nohsc.gov.au April 2000.

[2] National Occupational Health & Safety Commission, ‘Duty of Care’, www.nohsc.gov.au April 2000.

[3] For specific fines, read your applicable State or Territory OHS Act.

Employers Beware - Click here to download the Brochure
BVM Report - "Wipe out the Crash Risk"
Click here to view the story!

AFMA's 2008 Safer Motoring How To Guide

The Safer Motoring 'How to Guide' - Download now!
Launched nationally on 26th February 2008, and available to AfMA member's only, this Guide is designed to raise awareness of key safety issues facing the fleet industry and identifies points for consideration and action in an effort to improve safety in the fleet motoring environment.

OH&S Legislation Links

Site CompatibilitySite content Copyright © Milford IndustriesProgram CopyrightSite Designed by Redbax