Workplace Safety and Health (General Provisions) Regulations · 2007 Revised Edition · Part IV · Special Provisions Relating to Health, Safety and Welfare
44A. Lorries carrying persons on deck
Feedback & supportLast amended by an amending law of 2024. 2 amendments in all.
Paragraph (2) applies where —
any person at work in a workplace (called in this regulation the specified driver) is required or authorised by the employer of that person to drive any lorry; and
the lorry is or will be carrying one or more persons on its deck while the specified driver is driving it.
It is the duty of the employer of the specified driver to ensure that —
one other person (P) is seated in the cabin of the lorry next to the specified driver at all times while the specified driver is driving the lorry mentioned in paragraph (1)(b); and
P is aware, before the specified driver starts driving the lorry, that P is to take reasonable measures to ensure that the specified driver is alert and able to drive in a safe manner at all times while the specified driver is driving the lorry.
An employer who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Subregulation 1
Paragraph (2) applies where —
any person at work in a workplace (called in this regulation the specified driver) is required or authorised by the employer of that person to drive any lorry; and
the lorry is or will be carrying one or more persons on its deck while the specified driver is driving it.
Subregulation 2
It is the duty of the employer of the specified driver to ensure that —
one other person (P) is seated in the cabin of the lorry next to the specified driver at all times while the specified driver is driving the lorry mentioned in paragraph (1)(b); and
P is aware, before the specified driver starts driving the lorry, that P is to take reasonable measures to ensure that the specified driver is alert and able to drive in a safe manner at all times while the specified driver is driving the lorry.
Subregulation 3
An employer who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.