Fitness for Duty Breach: Chain of Responsibility

This document discusses a scenario involving a fitness for duty breach in the chain of responsibility. It explores the possible non-compliance, responsibilities under CoR, actions to be taken, and the consequences of the breach. It also examines the offences committed and the parties responsible for the accident. The document provides insights into the penalties that could be imposed by the court.

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Diploma of Logistics
Module 2 Practical Assessment 2
Submission Instructions:
Key steps that must be followed:
.1. Please complete the Declaration of Authenticity at the bottom of this page.
.2. Once you have completed all parts of the assessment and saved it (e.g. to your desktop
computer), login to the Monarch Learning Management System (LMS) to submit your
assessment.
.3. In the LMS, click on ’Submit Dip Logistics Module 2 Assignment’ in the Module 2 section of
your course and upload your assessment file/s by following the prompts.
.4. Please be sure to click ‘continue’ after clicking ‘submit’. This ensures your assessor receives
notification – very important!
Declaration of Understanding and Authenticity *
I have read and understood the assessment instructions provided to me in the Learning Management System. I am aware of
where to find the assessor’s feedback for the assessment. I am aware of the appeals process, should the need arise. I also
understand I must be assessed as ‘satisfactory’ in all parts of the assessment to gain an overall satisfactory result for this unit of
competency. I understand a person found responsible for academic misconduct will be subject to disciplinary action (refer to
Student Information Guide).
I certify that the attached material is my original work. No other person’s work has been used without due acknowledgement. I
understand that the work submitted may be reproduced and/or communicated for the purpose
of detecting plagiarism.
Student Name*: Date:
* I understand that by typing my name or inserting a digital signature into this box that I agree and am bound by the above
student declaration.
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Activity 1
Fitness for duty: compliance
Note: You’ll need to refer to your position description and the Australian General Freight Co. CoR policy document to
complete these tasks.
Scenario:
It’s a busy Thursday afternoon when you get a call from the receiving manager asking you to come to the office. A
delivery has just arrived and the unloading staff have advised him that the driver appears disoriented. The receiving
manager spoke to the driver and says he is clearly unwell, and wants your opinion as to the state the driver is in.
The load was delivered on time and unloading commenced as per the receiving schedule.
The receiving manager had the safety officer called to escort the driver across the site to the sick bay.
The driver is evasive when you question him about his schedule prior to this delivery, i.e. over the last 24 hours.
The driver tells you he wants to leave as soon as the truck is unloaded, because he has a back load to pick up. Unloading
is expected to be completed in a half an hour.
You check the driver’s paperwork. The delivery schedule is correct but you know by the state of the driver and his
evasiveness, that something is not right. You know the driver is badly fatigued, and you believe he is probably not fit to
drive.
1. What is the possible non-compliance in this scenario?
It is necessary to understand that any of the non-compliance can create huge issue for the person
because lots of legal penalties can be imposed in that respective circumstances. There are different possible
non-compliance which can be seen if further permission can be given. It is said that Duty of care can be
breached and secondly there is high possibility that due diligence will not be followed in this respective case.
Due diligence simply explains that in any of the situation those action must be taken so that person can simply
avoid committing any sort of tort or offence.
2. What are your responsibilities under CoR?
Under Chain Responsibility Policies there are number of responsibilities which must be performed so
that chances of errors can be reduced and effective result can be achieved. Looking at the given scenario, the
most important duty is to ensure that condition of driver must reported to the higher authorities. Must be able
to report council about the possible problem which can be faced if driver continues to driver even after not
obtaining the permission from the authorities.
3. What actions do you need to take in responding to this situation?
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After analysing the whole situation of the driver, it can be easily said that driver is not is the state where
he can driver vehicle as per the requirement of law. It is necessary to understand in this respective scenario
driver seems to be unwell which means that there is high possibility of accident so that proper health check-up
should be done so that manger and other authorised person can get the information that whether driver should
be given opportunity or not to driver vehicle. His licence and other documents can be checks which will help to
identify about the position of his last 24 hours which is very much important. Checking of all this documents will
certainly allow to attain obtain effective result that whether permission to drive should be given or not.
4. As part of your supervisory responsibility, you inspect the driver’s work diary (on the next page). For the purpose
of the simulation, imagine he has written in Thursday’s date in the date field.
What do you think of this diary entry? In your answer, explain what you are going to do after seeing this.
The diary entry will be the most important in this respective case because it is the only way through
which entity can accomplish their goals and target. It is necessary to understand that the diary entry will allow to
ensure that whether driver had taken rest or not in last 24 to 48 hours. It is necessary to review daily dairy entry
because it will certainly provide them the way to decide whether permission should be granted to driver or not.
In addition, it will certainly allow to ensure that safety of product which is to be delivered and the life of random
people and driver as well who may directly or indirectly come in contact with truck driver.
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Activity 2
Fitness for duty: breach
Scenario
While you’re speaking with the driver, the unloading and backloading are completed. Despite your best efforts, the
driver gets back in the truck and drives off. You know as soon as they start pulling away that this is going to be serious.
After all, they’ve left without paperwork: that’s classed as theft! In the distance at the other end of the yard, you see
them yelling at the security officer at the gate, and waving something at them. It looks like your security officer is pretty
scared. They raise the gate and let the driver go.
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Shortly after the driver leaves your premises, the receiving manager of the customer (under instructions) calls the driver
directly and offers him an incentive of $1,000 cash in hand if he can get the load to them according to the original
schedule.
The driver falls asleep in the early hours of the morning coming down a steep grade. The truck fails to take the bend at
the bottom of the hill, crosses the freeway and seriously injures three passengers in a vehicle travelling in the opposite
direction. Authorised officers arrive at your premises to investigate the background behind the incident.
1. Other than speaking to you, the despatch manager, and other witnesses, what might the investigating officers
legally do and or take from the premises? Briefly describe the evidence you think they might need.
There are number of documents which are required by authorised officer while investigating any of the
information. It is necessary to check different documents because it will certainly help to find some of the clue in
the case which is necessary to resolve the problem. Firstly, authorised officers can ask about licence which is
among the most important documents. Then daily entry sheet can be also become the crucial documents. Some
of the other documents may also required such as permission documents while living the last delivery spot. All
of this documents can play vital role for authorised officer to decide whether driver was in default or not in this
case.
2. What offences have been committed? Name and briefly describe the three (3) types of offences.
Classes of theft There are number of legal compliances which must be fulfilled by any of
the driver while driving the vehicle. It was found that driver took the
vehicle loaded with deliverable products without obtaining the permission
of authorised officer. It is necessary to understand that it is one of the
offence where driver can fall under huge problem. Under this types of
situation, if any of the issue arises then ultimate liability arises upon driver
himself.
Trying to hide facts It is necessary for any of the driver to present the real facts whenever any
of the information is being asked with them. Looking at the condition of
driver it was being found that he was not in the condition where he drive
the vehicle. It is necessary because it will allow to identify whether person
is able to take driver vehicle or not in appropriate manner.
Presence of carelessness
for personal benefits.
As soon as driver left the deliverable spot, it was found offer was given by
the manager to driver that $1000 will be rewarded as cash if product will
be delivered on time. This was the main reason that driver even took
initiative to drive the vehicle by not considering the rest as important
factor in driving. It was the reason that accident took place. The accident
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took place because of carelessness while falls under the category of
offence.
3. Who is responsible? Name three (3) parties in the chain of responsibility who had a responsibility to prevent this
accident from happening. Briefly describe what they should or could have done to stop this incident.
1 Driver: The driver of vehicle was the main person who was the reason behind accident of
three innocent person. It is because he knew the situation that he was not in the state to
drive vehicle any more but still tried to driver it for person benefit which is the main
reason behind the accident. If driver would not have taken that decision then accident
could have been stopped.
2 Receiving Manager of customer: The manager who offered $1000 just for delivering the
product on given time period was also responsible for the accident. In order to stop the
incident, manager could have just asked the time period to deliver the product but that
was not the case in this particular scenario. Also, any sort of offer should not have been
made because that is the reason that accident took place.
3 Security Officer: In some sort of point, security officer was also involved in this case
because it was found that he gave the permission to open the gate as that should not
have been permitted because that could have certainly allowed to stop the accident.
4. What class of breach is this?
It is one of the Fitness for duty breach which simply says the any of the person must be healthy and fit & fine to
perform their part of work. This types of duty mainly seems for the driver where they must driver any of the
vehicle if they fully fit and fine. This is necessary because it directly involves the safety of common people.
5. What penalties could the court will impose? HINT: refer to Chain of Responsibility Reading Material
Different action can be taken by the court where they can force the organisation to pay compensation to
the innocent person who got injured in the case. Secondly, court can take legal action against driver where
licence can be cancelled. Also, driver can be sent for obtaining re-education.
6. Fill in the breach report form on the following page. Include as many details as you can.
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Breach Incident Report
The incident report (injury, incident or near miss) must be reported to your manager within 24 hours of the
incident. Alternatively, email a scanned copy to [e-mail]
For serious incidents immediately advise AGF CoR Manager Joe Bloggs on 0412345678.
Section 1 – Incident details
1.1 Brief incident information (Involved person to complete sections 1.1 – 1.6)
Date of incident: 14th July Time of
incident:
05:17:00 Weather
conditions:
Partly cloudy
Involved person – given
name:
Joe Date of birth:
Involved person –
surname:
Schomoe Employee
ID/number:
Location of incident: Hill,
cros
ses
the
free
-
way
Nature and extent of
injuries:
Seri
ousl
y
inju
red
Incident description:
(What happened?)
The
driv
er
was
una
ble
to
turn
the
vehi
cle
at
righ
t
tim
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e
due
to
whi
ch
thre
e
inn
oce
nt
peo
ple
got
inju
red.
The
mai
n
reas
on
beh
ind
the
acci
den
t
was
that
driv
er
was
not
fit
for
driv
ing.
Witness Name: Mark Josef Contact
details:
+61
-
777
432
802
1
Incident reported to: Name: Authorised officer Date
reported:
14th
july
1.2 Company property/equipment damage
Extent of damage to
company
property/equipment:
The vehicle was damaged from front side. Secondly, it was found that deliverable product
was not in the state to be delivered to the party.
Vehicle or equipment fleet
number/registration:
F45G345
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Trailer fleet
number/registration(s):
33FTG6
1.3 Third parties involved
Name and contact
information:
The manager who offered higher price for delivering the goods at given time period was
the reason behind the accident.
Nature and extent of
injuries:
No injury
Extent of damage to other
property/equipment:
Their goods were not in the state where it can be delivered to the party.
1.4 Your knowledge/data on the breach (Written description of what you know about the job/load from
paperwork and observation + any other information, including pictures, drawn diagrams, etc.)
The knowledge which can be presented in this particular case is that any of the person who is involved within the breach of
duty should be made liable because they are the main reason behind the accident. It is necessary to understand that in any of
the situation if situation of breach occurs then person may have to suffer as all of the damages must be paid off.
1.5 Immediate containment actions (Describe what you will do to stop this happening immediately again)
In order to stop similar sort of action, it will be important for the organisation to understand that they must not give
permission in future time period. Any of the driver must not driver without obtaining the permission. Also, any of the client
must not be given the permission to talk with driver as it must create issues.
1.6 Incident statement acknowledgement (Person providing details acknowledges the information recorded
is true and correct)
Name: Signed: Date:
1.7 Incident report receipt acknowledgement (Person receiving incident report acknowledges receipt of the
document.)
Name: Signed: Date: Incident number:
9 March 2019