UNOFFICIAL OHS DATABASE
Key: truck, drivers, keyboard
REST BREAKS
Working conditions are determined by awards, enterprise agreements or workplace agreements.
Workers can contact their employer, union or the Office of Industrial Relations website to determine whether hours worked are in accordance with award conditions. The NSW OIR's Award Enquiry Service phone number is 13 16 28.
In regard to rest breaks for truck drivers in NSW, refer to the Road Transport (Safety and Traffic Management) (Driver Fatigue) Regulation 1999, which is administered and enforced by the RTA.
For long distance drivers, fatigue symptoms include (but are not restricted to): yawning, tired eyes, poor concentration, slow reactions, drowsiness and restlessness (Ref: RTA poster)
OHS legislation provides no specific references to the hours a person works. Under duty of care, a risk management approach needs to be taken (refer to Risk Management topic on this database for more on risk assessment).
In order for an OHS breach to occur there must be a link established between the hours worked and the failure of the employer to ensure the health and safety of their employees. For example, operators of heavy plant can be seriously injured if too fatigued to operate efficiently, or keyboard operators risk overuse syndrome if inadequate rest breaks are provided.
Note, unless specified in a workplace or enterprise agreement, cigarette breaks for smokers are not mandatory, although managers may consider industrial relations issues when formulating policies.
Resources
Shiftwork Information (Numerous links - CROET: Center for Reserach on Occupational Environmental Toxicology)
Shiftwork factsheet (NOHSC)
Truck drivers (Safetyline WA, PDF file)
Truck Rest Area Maps (RTA, PDF file)