Who is Responsible for Driver Medical Fitness?
Would you answer, “the driver is responsible for driver medical fitness” or “the operator is responsible for driver medical fitness”?
The answer is: Driver medical fitness is a shared responsibility between the bus operator and the driver under chain of responsibility laws.
If a driver is medically unfit and has a medical episode while driving that causes an incident – whether it is serious or not – it is the operator who could potentially be charged with a failure to meet safety duty responsibilities. This is a serious and indictable offence and may result in a prosecution, says TSV spokesperson Gwen Carbone. It is imperative that driver medical certifications be monitored and kept up to date.
What should operators do to mitigate this risk?
Require each driver to undergo a medical as a condition of employment.
Keep records of the age of each driver, their individual requirement for a medical (every three years, or annually if over 70 or if certain medical conditions are present), and record the medical having been undertaken.
Consider the type of service a driver undertakes against their capabilities when rostering. Different age groups may be impacted differently by distance travelled, types of roads, time of day and rest periods.
It may not be adequate to simply rely on a requirement that a driver have a medical when they obtain their accreditation. This step alone may not mean that the operator has met their safety responsibilities.
Managing safety risks associated with driver health relies on good communication between drivers and their employers. Drivers have a responsibility to advise of any reason why they may not be fit to drive. Employers need to ensure they have appropriate mechanisms in place to encourage drivers to have those conversations with you when they need to.
Source: Bus Safety News 21 Dec 2021, per Transport Safety Victoria
