Chain of Responsibility Clause Samples

Chain of Responsibility. 13.1 All drivers engaged by, and FOODBOSS TRANSPORT are or may be bound by Chain of Responsibility statutory obligations. While FOODBOSS TRANSPORT will endeavour to meet required time slots or delivery objectives FOODBOSS TRANSPORT supports in full driver fatigue initiatives and FOODBOSS TRANSPORT will not be liable for any missed delivery or Transport slots due to unforeseen fatigue issues or in complying with any Chain of Responsibility obligations. 13.2 The Customer will comply with any and all Chain of Responsibility obligations it may be subject to or will provide to FOODBOSS TRANSPORT any and all information, document and evidence of compliance with Chain of Responsibility at the request of FOODBOSS TRANSPORT within 14 days of such request.

Chain of Responsibility. Linfox and the Union will use their best lawful endeavours and co-operate to ensure that subcontractors and labour hire agencies, as well as their respective transport workers, receive their due entitlements and abide by their obligations at law, including (but not limited to) entitlements and obligations under awards, contract determinations, and legislation relating to road transport regulation and occupational health and safety. In addition, Linfox will implement appropriate contract and invoicing arrangements, having regard to the intent of section 127 of the Industrial Relations Act (NSW). Where relevant, the parties will negotiate on rates payable to captive lorry owner-drivers. Neither party to this agreement will tolerate operators who persistently breach the above-referred chain of responsibility obligations, and will keep each other advised with a view to appropriate action being taken to remedy the situation.

Chain of Responsibility. 59.1 ▇▇▇▇▇ Distribution and the Union will use their best lawful endeavours and cooperate to ensure that subcontractors and labour hire agencies, as well as their respective transport workers, receive their due entitlements and abide by their obligations at law, including (but not limited to) entitlements and obligations under awards, contract determinations, and legislation relating to road transport regulation and occupational health and safety. In addition, ▇▇▇▇▇ Distribution will implement appropriate contract and invoicing arrangements, having regard to the intent of section 127 of the Industrial Relations Act 1996 (NSW). Where relevant, the parties will negotiate on rates payable to captive lorry owner drivers. Neither party to this agreement will tolerate operators who persistently breach the above- referred chain of responsibility obligations, and will keep each other advised with a view to appropriate action being taken to remedy the situation. 59.2 The records referred to in this clause, shall be available for inspection by a person duly authorised to do so under Part 7 of Chapter 5 of the Industrial Relations Act 1996 (NSW). 59.3 It is agreed that in the 12 month period immediately following the approval of this Agreement, the parties shall introduce a process whereby company and contracted deliveries are conducted under a Safe Driving Plan (SDP). 59.4 Consistent with the above objectives, where the SDP relates to a contracted delivery, the parties shall have regard to the following types of information, their availability and applicability, when developing the safe driving plan: 59.4.1 The name & address of the person or company to whom work is contracted. 59.4.2 The date on which contracted work was performed. 59.4.3 The type of contracted work that was performed. 59.4.4 The names of the persons who actually performed the work (if different from the actual contractor). 59.5 The parties shall also examine existing systems that are in place within the business and their relevance, so as to ensure that duplication of record keeping requirements is not created.

Chain of Responsibility. The employer when contracting out work to a sub-contractor shall keep records containing details of the work it has contracted out including the name and address of the employer, person or entity to whom the work has been contracted, the date the work was contracted and a description of the work performed. Any work contracted out by the employer shall have a Safe Driving Plan relating to any work that is of long distance work.

Chain of Responsibility. The Customer will ensure that: (a) the Customer, and each member of the Customer’s Personnel, comply with all laws and Good Operating Practices relating to compliance with, and management of, Chain of Responsibility. (b) the Customer, and each member of the Customer’s Personnel, will not directly or indirectly by any act or omission engage in any business practice, establish any schedule or make any requirement or direction that causes or has the effect of causing any actual or potential contravention of any laws or other requirements relating to Chain of Responsibility. (c) the Customer, and each member of the Customer’s Personnel, maintain proper, complete and accurate records, documents and systems in relation to compliance with and management of Chain of Responsibility obligations including but not limited to: (i) a fatigue management plan; (ii) driver schedules; (iii) the work and rest hours of each driver engaged in delivering or collecting the Goods including, but not limited to, whether a driver is operating under ordinary hours, basic fatigue management hours, advanced fatigue management hours or the hours specified in any work and rest hours exemption; (iv) hard copies and/or electronic copies of driver log books; (v) any data loggers and/or any other electronic devices used to record, monitor and manage driver fatigue and/or speed; and (vi) any other documents, electronic data or records required to be maintained and retained in relation to driver hours and driver fatigue which may be relevant to assessing driver fatigue. (d) the Customer and each member of the Customer’s Personnel will provide to Americold or any Americold Personnel on request copies of all information and documents and access to all electronic data, records or systems in relation to compliance with and management of Chain of Responsibility obligations.

Chain of Responsibility. The Warehouse hereby confirms and agrees: 22.1 it is aware of and is bound by the Heavy Vehicle National Law (HVNL) including without limitation those parts of the HVNL commonly referred to as the Chain of Responsibility; 22.2 it has policies and procedures in place to ensure that it is compliant with the HVNL and will produce evidence of and copies of those policies and procedures on request; 22.3 it will indemnify the ▇▇▇▇▇▇ in respect of any liability incurred by the ▇▇▇▇▇▇ arising solely from the Warehouser’s failure to comply with its obligations under the HVNL; and 22.4 to the extent that any obligation of the ▇▇▇▇▇▇ under this agreement conflicts (in the reasonable opinion of the ▇▇▇▇▇▇) with its obligations under the HVNL, the obligations under the HVNL prevail.

Chain of Responsibility. The Supplier must comply with, and ensure that its Representatives: (a) comply with all legislative requirements relating to the Chain of Responsibility Law, to the extent applicable; (b) cooperate with Penske and any other duty holders under Chain of Responsibility Law for compliance purposes; and (c) comply with Penske’s Chain of Responsibility procedures made known to the Supplier and which may be amended from time to time with notice to the Supplier. To the extent applicable, the Supplier agrees to strictly observe and adhere to all requirements of the Chain of Responsibility Law including but not limited to in respect of vehicle speed, driver fatigue, mass, dimension and loading and vehicle maintenance, and will provide information and copies of all relevant records to Penske as required, including where such information or records are required for Penske to meet its obligations under the Chain of Responsibility Law, or where one of Penske’s customers has requested the information or records. Where Penske requests any system or control to be put in place by the Supplier (including any amendment to an existing Supplier safety system or control) and that amendment is necessary to comply with obligations under the Chain of Responsibility Law, the Supplier will immediately put in place (or amend) such safety system or control, without any entitlement to claim against Penske. The Supplier consents to Penske, with no less than 3 days’ notice, undertaking an audit of the Supplier’s safety systems and controls for the purpose of determining whether the Supplier is complying with the Chain of Responsibility Law. The Supplier will produce any documentation or comply with any other reasonable request made by Penske as part of any such audit. Where the Supplier is collecting, handling, loading, unloading or delivering Goods, the Supplier is responsible for: (a) safely loading, unloading and securing the Goods; (b) ensuring that any vehicle used to collect or deliver the Goods is roadworthy, properly maintained, not overloaded and does not exceed legislative requirements for mass or dimension; (c) ensuring that it and any drivers employed or engaged by it or by its contractors hold any necessary permits and licences in relation to the transport of the Goods; and (d) ensuring that all drivers employed or engaged by it or by its contractors adhere to any legislative requirements in relation to speed and fatigue management clause.

Chain of Responsibility. (a) The Contractor will ensure that it, and each member of the Contractor’s Personnel, complies with all laws relating to compliance with and management of Chain of Responsibility. (b) The Contractor will ensure that the Contractor, and each member of the Contractor’s Personnel, maintains proper, complete and accurate records, documents and systems in relation to compliance with and management of Chain of Responsibility obligations. (c) The Contractor will ensure that the Contractor, and each member of the Contractor’s Personnel, will on request by Principal provide honest and accurate information and/or answers sought by or on behalf of Principal in relation to Chain of Responsibility. (d) The Contractor will ensure that the Contractor, and each member of the Contractor’s Personnel, will on request by Principal provide evidence of adequate compliance with and management of Chain of Responsibility obligations.

Chain of Responsibility. 13.1 The Company will keep records containing details of the work it has contracted out including the name and address of the person or entity to whom the work has been contracted, the date the work was contracted, and a description of the work performed. 13.2 Work must only be contracted out in accordance with NSW Long Distance Truck Driver Fatigue Regulation 2005 and the Chain of Responsibility provisions identified in the NSW Road Transport (General) ▇▇▇ ▇▇▇▇. 13.3 The records referred to in (15.1), above, shall be available for inspection by an inspector or authorised representative in accordance with NSW Long Distance Truck Driver Fatigue Regulation 2005 and NSW Road Transport (General) ▇▇▇ ▇▇▇▇. 13.4 As part of its commitment to safe work practices the Company undertakes in respect of all transport workers, directly engaged by the Company, that a fatigue management plan is prepared for work performed by the Company.