Non scheduler becomes a scheduler

Under the Heavy Vehicle National Law (HVNL) and Work Health and Safety (WHS) regulations, a person who actively makes decisions or influences scheduling may be deemed to have taken on the responsibilities of a scheduler, even if their job title does not formally designate them as one.

Why?

• HVNL Chain of Responsibility (CoR) provisions state that anyone influencing transport activities must ensure their actions do not contribute to unsafe practices.
• WHS laws require that anyone making decisions that affect safety must ensure they do not create risks.

Possible Consequences:

• If the schedule change causes a breach (e.g., exceeding permitted driving hours, causing fatigue, or creating an unrealistic delivery timeframe), the person making the change could be held accountable as a scheduler.
• Regulators (NHVR, WorkSafe, etc.) could investigate whether the individual’s actions directly influenced safety risks, and they may face penalties similar to those of an official scheduler.

Key Takeaways:

• Intent doesn’t matter—if their actions affect scheduling, they might be considered a scheduler.
• Businesses should have clear role definitions and controls to prevent unauthorized schedule changes.
• If a non-scheduler needs to adjust schedules, there should be a process ensuring compliance with fatigue laws and transport safety requirements.

Scenarios & Compliance Safeguards for Unauthorized Schedule Changes

?? Scenario 1: Minor Schedule Change with No Risk

Situation: A dispatch assistant adjusts a driver’s schedule slightly to accommodate a customer request but keeps it within legal driving hours.

Risk Level: Low

• No breach of fatigue management laws
• No unrealistic delivery demands

Could they be deemed a scheduler? Possibly, but unlikely unless this becomes a regular task.

Safeguard: ? Require manager approval before any changes. ? Use a documented scheduling process to track changes.

?? Scenario 2: Schedule Change Leading to a Fatigue Breach

Situation: A warehouse supervisor, without consulting the official scheduler, changes a driver’s schedule to fit a late delivery. The driver is now at risk of exceeding legal driving hours.

Risk Level: High

• HVNL breach (fatigue laws)
• Could cause a Chain of Responsibility (CoR) violation

Could they be deemed a scheduler? Yes. If their decision directly leads to a compliance breach, they may be held legally responsible.

Safeguard: ?? Only authorized schedulers should make changes. ?? Training for all staff on scheduling laws. ?? Automated alerts in the scheduling system for potential breaches.

?? Scenario 3: Pressure from Management Leads to a Risky Schedule

Situation: A customer service rep tells a driver to “push through” a long shift to meet a deadline, without officially changing the schedule.

Risk Level: Very High

• Verbal influence still counts under CoR laws.
• Can lead to driver fatigue, accidents, and penalties.

Could they be deemed a scheduler? Yes. Even verbal instructions that influence the transport task can make someone accountable.

Safeguard: ?? No unauthorized scheduling or instructions from non-schedulers. ?? Management policies prohibiting verbal schedule changes. ?? Driver training to report pressure for unsafe work.

How to Prevent Unauthorized Schedule Changes

? 1. Clear Role Definitions

• Define who can and cannot make schedule changes.
• Have written policies stating only designated schedulers can adjust routes.

? 2. Training for All Staff

• Educate all employees (not just schedulers) on fatigue laws and CoR responsibilities.
• Emphasize that unauthorized changes can result in legal action.

? 3. Approval & Documentation Process

• Require formal approval for schedule adjustments.
• Use digital systems that track and log all changes.

? 4. Regular Compliance Audits

• Review schedules weekly/monthly to identify unauthorized changes.
• Conduct internal investigations if issues arise.

? 5. Driver Reporting Mechanism

• Encourage drivers to report unsafe schedule changes.
• Implement a no-retaliation policy for drivers who speak up.

Final Thought:

If a team member makes scheduling changes, even if it’s not their job title, they could be held legally responsible as a scheduler under HVNL & CoR laws. The key is to ensure only authorized personnel make changes and that all staff understand their responsibilities.

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Policy on Unauthorised Schedule Changes

1. Purpose This policy ensures that only authorized personnel make scheduling changes to driver rosters and that all adjustments comply with Heavy Vehicle National Law (HVNL), Chain of Responsibility (CoR) obligations, and Work Health and Safety (WHS) regulations.

2. Scope This policy applies to all employees, including managers, dispatchers, warehouse staff, and customer service representatives, involved in transport operations.

3. Authorized Personnel for Scheduling Changes Only the following personnel are authorized to make or approve driver schedule changes:

• Schedulers (designated by management)
• Operations Managers (where necessary)
• Compliance Officers (in case of regulatory adjustments)

4. Unauthorized Schedule Changes Any changes made by non-authorized personnel may lead to legal liability under HVNL and CoR laws. Unauthorized actions include but are not limited to:

• Adjusting a driver’s schedule without formal approval.
• Instructing a driver to work beyond legal hours, even verbally.
• Pressuring a driver to alter breaks, delivery times, or routes.

5. Compliance Safeguards To prevent unauthorized scheduling changes, the following measures must be implemented:

• Formal Approval Process: All schedule changes must be approved via an official workflow.
• System Logs: All changes must be documented in the scheduling system.
• Training & Awareness: All employees must receive training on scheduling compliance and CoR responsibilities.
• Driver Reporting Mechanism: Drivers must report any verbal or written unauthorized scheduling pressures.
• Audit & Review: Regular internal audits must be conducted to ensure compliance.

6. Consequences of Unauthorized Schedule Changes Employees found making unauthorized scheduling changes may face:

• Disciplinary action, including termination.
• Personal legal liability under HVNL & CoR laws.
• Fines and regulatory action by authorities.

7. Reporting & Escalation Any unauthorized schedule changes should be reported immediately to:

• The Compliance Officer
• The Operations Manager
• The HR Department

8. Policy Review This policy will be reviewed annually or in response to regulatory changes.

Approval & Acknowledgment By signing below, you acknowledge understanding and compliance with this policy.

Employee Name: ___________________ Position: ___________________ Date: ___________________ Signature: ___________________

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