The mobile crane industry code of practice
The recent endorsement of the Mobile Crane Industry Code of Practice by the National Heavy Vehicle Regulator (NHVR) marks a significant milestone in ensuring safety within the industry.
The consultation period for the code closed in May, and on the 12 of August it was officially endorsed and registered by the NHVR. The code concerns itself only with mobile cranes, which it defines as all terrain cranes, articulated steering cranes, hydraulic truck cranes and city cranes that are heavy vehicles. It does not include heavy vehicles with cranes mounted to them for loading or unloading goods onto the vehicle.
What dos it mean to be a registered Industry Code of Practice (RICP)?
Industry Codes of Practice are a resource for members of industry to translate the requirements of the law into real-world, practical steps and procedures. To be registered the Industry Code must meet certain requirements – it must be high quality, applicable to the chosen sector, and adaptable for all participants in an industry; from an individual to a large corporation. It must also be grounded in and support risk management.
Registration does not mean that the Industry Code becomes a legally binding document; those in industry do not have to use every control recommended by the Industry Code as written – but it can be used in legal proceedings as an accepted baseline – so parties to the the Chain of Responsibly (CoR) should reasonably know about risks, hazards and potential controls in their industry.
Chain of Responsibility Parties in the mobile crane code of practice
- Employer: The person or business thatemploys the driver of a mobile crane.
- Prime Contractor: The person or business that engages the driver of a mobile crane under a contract for services.
- Operator: The person or business responsible for directing or controlling the use of a mobile crane.
- Scheduler: A person or business that schedules a mobile crane.
An important distinction to note about the terminology of The Mobile Crane Industry Code of Practice is that the term Operator in the context of CoR parties is not the driver of the crane, as seen above. Within the Risks, Hazards, and Controls section of the code you may see crane driver/operator – that is the operator of the crane, but if you see crane operator written it may actually be referring to the Operator as a party to the CoR.
The Mobile Crane Industry Code of Practice is an intensely detailed document, drafted over months of consultation
with leaders in the industry and will be an incredible resource for our industry going forward. It is important to note that for some crane companies it is not the only Industry Code to be aware of – The Master Code, also registered by the NHVR, is applicable to all parties of a heavy vehicle in the CoR and addresses the risks associated with the four core responsibilities of that CoR regulated under the Heavy Vehicle National Law (HVNL).
The Load Restraint Guide, WHS law and relevant Australian Standards may also be relevant in considerations of whether a CoR party has done what is reasonably practicable to ensure safety and eliminate public risks.
How should the code be used?
Codes of practice are not exhaustive, there may be risks and hazards unique to businesses, projects, or areas of operation. Read the code and consider the hazards and controls, assess if they apply to your transport activities and if your activities contribute to risks affecting others.
You do not have to use every, or any, control recommended by the code. You can use different controls altogether, provided you can prove that they eliminate or mitigate risk as effectively as those recommended. If you are an Executive (this term includes executive officers, managers, directors, or another person who takes part in the management of a business) overseeing a business relevant to the activities and hazards listed in the code you have a duty to familiarise yourself with the contents of the code.
The Queensland mobile crane Code of Practice
The Queensland Mobile Crane Code of Practice is a separate code, commencing on September 23 2024. It was developed by the Office of Industrial Relations Queensland (previously Work Health and Safety Queensland) and approved by the Minister for State Development and Infrastructure, Minister for Industrial Relations, and Minister for Racing. This code is an approved code of practice under the Work Health and Safety Act 2011 (the WHS act) opposed to the registered Mobile Crane Industry Code of Practice.
The scope of this code is to provide practical guidance to manage risks associated with mobile cranes, vehicle loading cranes and other mobile plant used as a crane to raise or lower freely suspended loads.
Both registered and approved codes of practice are admissible in court proceedings and may be used as evidence of what is known about a hazard, risk or control – and they reference the code when determining what is reasonably practicable in the circumstances. To decide what is reasonably practicable, you must consider the likelihood of the hazard or risk occurring, the harm that would result from the hazard or risk, what a person knows (or should know) about the hazard or risk and ways to eliminate or reduce it.
The Mobile Crane Code includes references to legal requirements under the WHS Act and WHS Regulation – these references are for reference only, not as a substitute for reading the texts. When the words ‘must’, ‘requires’, or ‘mandatory’ are used in the code, they indicate a legal requirement exists that must be complied with. ‘Should’ identifies the standard required in the code, and if a person conducting a business or undertaking relevant to the code wants to manage the hazard in a different way than standard that control must be of equivalent or higher standard of work health and safety. ‘May’ indicates optional courses of action.
Mobile cranes represent a huge proportion of the cranes currently in operation in Australia. These codes provide comprehensive, practical controls against risk – not only to property, but to our own workers and the public.
The Mobile Crane Industry Code of Practice and The Master Code can both be found online via the NHVR – https:// www.nhvr.gov.au/safety-accreditation- compliance/industry-codes-of-practice/ registered-industry-codes-of-practice , and the Mobile Crane Code of Practice can be found online via WorkSafe Queensland – https://www.worksafe.qld.gov.au/laws- and-compliance/codes-of-practice.