AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
19.1 Use Of Nominated Driver
Except as expressly provided in this Part B an Operator shall:
(a) only use a nominated driver who is approved by Boral having satisfactorily undertaken any assessment, testing their suitability to be a nominated driver; and
(b) use their best endeavours to make sure that no one except the nominated driver drives their vehicle for the cartage work or operates the mixer.
Notation:
This clause applies to both nominated and relief drivers. Boral will pay for any assessment arising from clause 19.1 (a) but an Operator shall pay for the nominated driver's time in attending the assessment.
Any person driving an Operator's vehicle prior to the commencement of this Part B will not be required to undertake any assessment arising from clause 19.1(a).
19.2 Licences
An Operator shall:
(a) make sure that the nominated driver is at all times the holder of a current driver's licence appropriately endorsed or issued in respect of their vehicle and:
(i) immediately notify Boral if that licence is cancelled or suspended for any reason;
and
(ii) present that license to Boral upon request if needed to confirm that it is not cancelled or suspended; and
(b) make sure that the nominated driver obtains any site safety induction card for construction/building site access.
19.3 Nominated Driver Fitness For Work
An Operator shall:
(a) ensure that the nominated driver is at all times fit to perform the cartage work;
(b) every twelve months supply Boral with written confirmation from a medical practitioner, that the nominated driver is medically fit to perform the cartage work; and
(c) pay for the cost of any such medical provided that Boral will pay the cost if the nominated driver attends a medical practitioner of Boral's choosing.
19.4 Use Of Relief Driver
If the nominated driver cannot drive through illness or for other good reason, an Operator may use a relief driver but an Operator shall first obtain Boral's approval for the relief driver.
An Operator shall:
(a) make sure that the relief driver is at all times the holder of a current driver's licence appropriately endorsed or issued in respect of their vehicle and:
(i) immediately notify Boral if that licence is cancelled or suspended for any reason;
and
(ii) present that license to Boral upon request if needed to confirm that it is not cancelled or suspended;
(b) make sure that the relief driver obtains any site safety induction card for construction/building site access; and
(c) ensure that the relief driver is at all times fit to perform the cartage work.
