Duty of care and safety management systems

As an Authorised Service Provider, what is my duty of care?

All service providers are responsible for the health and safety of drivers and others. Service providers must:

  • Eliminate risks to safety so far as is reasonably practicable or,
  • Minimise risks so far as is reasonably practicable.

‘Reasonably practicable’ means doing what is reasonably able to be done to ensure health and safety. Service providers should take into account:

  • The likelihood of the hazard or risk occurring
  • The degree of harm from the hazard or risk
  • What you know or reasonably should know about ways of eliminating or minimising the hazard or risk
  • The availability and suitability of ways to eliminate or minimise the risk
  • The cost

You will need to establish a safety management system that will detail how you identify, record and manage any risks associated with your services, and how you meet the new safety standards.

What is a safety management system?

A safety management system will detail how you identify, record and manage any risks associated with your services, and how you meet safety standards outlined in the new regulatory framework. The Commission will rely on details in your safety management system to determine whether your business is meeting its legal obligation to provide the safest possible service. Your system should be unique to your business.

How it works:

  1. Identify all the safety risks. For example, accidents and near misses due to driver fatigue
  2. Assess the risk. You should take steps to understand how serious the harm could be, and the likelihood of it happening. Documents any discussions, make note of your risk assessment and any decisions made about how to eliminate, control or minimise the risk in future
  3. Control the risk. Look at how to eliminate or minimise the risk.

What specific standards are Booking Service Providers responsible for ensuring drivers meet?

As a Booking Service Provider you have a duty of care to ensure the health and safety of drivers, passengers and other people connected with your service. For example, you must ensure that any safety equipment in the vehicle is working and the driver knows how to use it.

There are specific standards that as a Booking Service Providers that you are responsible for ensuring drivers meet:

Driver competency Authorised service providers must ensure drivers of wheelchair accessible vehicles are appropriately licensed and are competent in safely loading, transporting and unloading passengers in wheelchairs.
Information for customers

Booking Service Providers must ensure their customers are provided with information identifying the driver and vehicle that will pick them up.

 

If a request is made for a wheelchair-accessible vehicle, the customer must also be provided with an estimated time of arrival.

 

What specific safety standards are Taxi Service Providers responsible for ensuring drivers meet?

As a Taxi Service Provider you have a duty of care to ensure the health and safety of drivers, passengers and other people connected with your service. For example, you must ensure that any safety equipment in the vehicle is working and the driver knows how to use it.

Taxi Service Providers are responsible for ensuring drivers meet the following specified safety standards

Driver competency     
Authorised service providers must ensure drivers of wheelchair accessible vehicles are appropriately licensed and are competent in safely loading, transporting and unloading passengers in wheelchairs.
Driver identification

Taxi Service Providers must ensure drivers have an identity document showing their photograph and identification number.

 

They also have to provide a device that allows the ID document to be prominently displayed inside a taxi.
English language standards (Sydney)

Taxi drivers in Sydney must have sufficient competence in English to be able to communicate with passengers.