I am in the transport and trucking industry, and have duties under both work health and safety (WHS) laws and the Heavy Vehicle National Law (HVNL). Which do I follow?
As a general rule, if a provision of the HVNL and a provision of WHS laws deal with the same subject matter and it is possible to follow both, you should comply with both sets of laws.
It is all about safety, and the HVNL recognises its relationship with WHS laws. In fact, your HVNL obligations are closely aligned with the obligations defined by the primary WHS law.
However, where there is an inconsistency and it is not possible to comply with both sets of law, the HVNL provides (section 18) that the individual is to comply with the provision of the primary WHS law.
We recommend that you consider how your organisation can develop and implement a single safety management framework that will allow you to meet your obligations under both WHS laws and the HVNL.