Understanding Registered Industry Codes of Practice: What they are and how to use them
Registered Industry Codes of Practice translate complex legal requirements into practical guidance, helping businesses meet their safety obligations with confidence and understand what might be reasonably practicable to help manage risk. Here’s how businesses operating under the Heavy Vehicle National Law can use these codes effectively.
If you’re part of the Chain of Responsibility (CoR), you know that ensuring the safe operation of heavy vehicles isn’t just a job for trucking companies – it’s your primary duty under the Heavy Vehicle National Law (HVNL). Wherever you fit within the chain, you’re responsible for managing safety risks in your transport activities, as far as is reasonably practicable.
One of the most effective resources available to help you comprehend this duty is a Registered Industry Code of Practice (RICP). Developed by industry experts and registered by the National Heavy Vehicle Regulator (NHVR), RICPs provide guidance on best practices and practical methods for managing risks across different sectors. It is also regarded as the information you reasonably ought to know relating to a risk, which is relevant during legal proceedings.
Here, we’ll explore what RICPs are, their legal status, and how to use them effectively within your business.
What is a Registered Industry Code of Practice?
A Registered Industry Code of Practice, or RICP, is a detailed guide developed in collaboration between industry groups and the NHVR to address known risks and hazards for any of your transport activities, typically relating to a specific type of transport activity (i.e. transporting livestock or waste material). These codes outline practical safety measures and risk management strategies tailored to specific sectors, and highlight specific risks relating to the RICP focus area, helping companies align with legal obligations under HVNL.
RICPs are created with the input of experienced industry professionals to ensure that the recommended controls are relevant, feasible, and effective. If we consider the HVNL as the requirement, the RICP acts as a ‘Rosetta Stone’, translating high-level legal obligations into actionable steps that make sense in day-to-day operations.
Adopting an RICP may help businesses strengthen their safety practices, minimise compliance risks, and improve overall operational efficiency. Benefits include:
Enhanced safety performance: RICPs promote risk awareness and establish measures for preventing incidents, which improves safety culture and resource allocation.
Reduced costs and downtime: Effective risk management reduces both direct costs (like damage and injuries) and indirect costs (such as insurance premiums and legal fees).
Improved productivity: A well-integrated safety system often leads to operational gains, such as more efficient loading practices that optimise payloads and minimise transport interruptions.
By translating legal requirements into industry-specific practices, RICPs make it easier for businesses to ensure safety and compliance while fostering a proactive approach to risk management.
What is the legal status of a Registered Industry Code of Practice?
As the NVHR states in its Introduction to Industry Codes of Practice, adopting the recommendations in an RICP isn’t obligatory – it’s a voluntary choice. A business may use an RICP to identify risks within its operations, but choose to implement alternative measures that are equally effective, or even superior, in managing those hazards and risks. They might also combine some of the controls recommended by an RICP with their own customised practices.
However, when an RICP is registered, it gives a special status to the information within. s632a of the HVNL states that an RICP is admissible as evidence of whether or not a duty or obligation under the HVNL has been complied with. The court may have regard to the code as evidence of what is known about a hazard or risk, risk assessment, or risk control, and rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.
In other words, an RICP serves as evidence of what the business “ought to have known” about a hazard or risk, and what controls might be reasonably practicable to implement. If a business faces enforcement action for a compliance breach, it won’t be able to claim that it didn’t know about the hazard or risk, or the controls it could have taken, because it will be considered assumed knowledge.
However, s632a also states that a person may comply with the law in a way that differs from an RICP, but that provides a standard of safety or protection equivalent to or higher than the standard required in the code.
In other words, if a business doesn’t follow the recommendations in an RICP, it needs to show that its alternative controls achieve at least the same level of safety. In the event of an incident, those measures will be scrutinised against the industry standard set out by the RICP.
Ultimately, businesses aren’t obligated to follow every recommendation within an RICP – but they are expected to be familiar with its contents, and manage risks in a way that aligns with industry best practices.
How to use a Registered Industry Code of Practice
Adopting an RICP begins with understanding its relevance to your operations. A good starting point is the Master Code, which applies broadly across the heavy vehicle industry.
There are also supplementary codes for specific sectors, including codes for managing effluent in the livestock supply chain (the Effluent Code); the waste and recycling industry; and the mobile crane industry. At the time of writing, there are also codes under development for forestry log haulage; grain transport; livestock transport; and the wine industry.
Once you’ve identified an RICP that aligns with your industry sector, the next step is to consider how you might integrate it effectively into your risk management practices.
Assess your risks and controls
Review the activities identified in the RICP and determine if they exist in your supply chain. Evaluate which controls recommended by the code are reasonably practicable for your specific circumstances, and incorporate these into your risk management framework.
Integrate RICP guidelines into your Safety Management System (SMS)
Once you’ve identified relevant controls to address the risks and hazards identified in the RICP, document them within your SMS. This includes updating procedures, training, and communication with staff and supply chain partners.
If you have alternative controls for these risks and hazards that achieve the same effect as those recommended by the RICP, that’s okay – but make sure they’re documented in your SMS.
Regularly monitor and update your controls
Safety management isn’t a one-time effort. Periodically revisit relevant RICPs to ensure your controls remain effective, and consider adjusting them if new risks or operational changes arise. This ongoing review supports compliance and continuous improvement.
Leverage CoRsafe for support
At CoRsafe, we understand that navigating Registered Industry Codes of Practice can be challenging. That’s why we offer a complete suite of tools and resources to support your compliance journey, helping you seamlessly integrate RICPs into your business operations.
In an Australian first, CoRsafe has digitised the management of key duties highlighted in the Effluent Code. We’re proud to be the first organisation to offer audit tools and programs designed around industry-specific codes, not just the broader Master Code.
Our platform now includes digital modules, including eLearning courses and self-assessment checklists, that help your team understand and implement Effluent Code guidelines. Dashboards track training completion rates, allowing leaders to oversee adoption and identify where further guidance may be required.
Similarly, our audit tools now include new criteria for assessing compliance with the Effluent Code for any parties in livestock. The platform’s Supply Chain Register further enhances oversight by displaying the compliance status of partners across the supply chain. This tool filters by RICP-specific compliance, helping manage accountability throughout your network.
Programs and tools designed around other RICPs are set to follow, extending our innovative compliance support to address each industry’s unique requirements.
CoRsafe also maintains a Registered Industry Codes of Practice Resource Hub, offering free downloadable guides, audit resources, and insights from industry experts. These resources, from printed displays to shareable PDFs, can be used to reinforce code requirements within your teams and across your network, making it easy to stay up-to-date on the latest industry standards.
Additionally, our team of experts is here to offer insights and guidance as new codes are introduced.
By aligning your practices with a relevant RICP, you not only demonstrate your commitment to industry standards, but you also build a stronger safety culture – contributing to a safer road network for everyone.
©2024 Logistics Safety Solutions Pty Ltd (LSS) ABN 25 134 417 379. This article is general information only and provided without taking into account your particular objectives, circumstances and needs. While every effort has been made to ensure the information is accurate, its accuracy and suitability to your specific circumstances are not guaranteed. You should seek independent professional advice before acting on the information contained in this article. LSS bears no responsibility, and shall not be held liable, for any loss, damage or injury arising directly or indirectly from your use of or reliance on any of the information provided.
