Two exemptions to Victoria’s Industrial Manslaughter laws

Every industry sector should have its own occupational health and safety (OHS) conference.  This allows for specific OHS topics to be presented but also provides for a broader context. The recent conference conducted by the Victorian Branch of the Australian Nursing and Midwifery Federation (ANMF) was a great example.

So close to a State election and in the lead-up to a Federal election it was not surprising that the trade union movement’s Change The Rules campaign gained attention, as did the push for the introduction of Industrial Manslaughter laws, in the presentation by Dr Paul Sutton.

The main points of his presentation are familiar and have been reported on previously but this presentation included news about two exemptions to the laws which may raise uncomfortable questions. 

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ACCC slaps down the FCAI on quad bike safety

On June 5 2018, Sharon O’Keeffe of the North Queensland Register newspaper aired the response of the Deputy Commissioner of the Australian Competition and Consumer Commission (ACCC) Mick Keogh to claims from the Federated Chamber of Automotive Industries (FCAI) on the safety of quad bikes and crush protection devices (CPDs). O’Keeffe says “the gloves are off”.

In March 2018, the ACCC announced its intention for a mandatory safety standard for quad bikes, or All Terrain Vehicles (ATV,) that included CPDs. 

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The wisdom of a farming Near Miss

Australia’s occupational health and safety (OHS) agenda seems largely dictated by high risk industries like construction in some States and the mining sector in others. But agriculture is common to all Australia States and is consistently included in the official and unofficial workplace fatality data. New research has been released into serious farm injuries and which voices are the most effective in improving the situation.

The level of risk in Australian farms is illustrated well by

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Mandatory quad bike safety changes

Product Safety has never been far from the quad bike safety debate in Australia.

Three Wheeler Honda ATV

It was Product Safety that removed the three-wheel ATV from sale in the 1970s and 80s and it seems Product Safety may achieve a safety resolution that occupational health and safety (OHS) consultation could not.

On March 22, 2018 the Australian Competition and Consumer Commission (ACCC) issued a media statement that says the ACCC, amongst other actions:

“…is proposing a mandatory safety standard that:….requires manufacturers to integrate an operator protection device, such as a crush protection device or roll over protection device in the design of new quad bikes…..”

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Farm newspaper supplement gets a good wrap

The Weekly Times newspaper has included an 8-page wraparound to its 7 February 2018 edition about workplace safety. The supplement is timely, the contents are indicative of cultural and political changes and the supplement is a nice summary of the multiple hazards and management approaches needed in agriculture (the same as in most industries, really).

Data quoted liberally from

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New farming incident statistics

The latest statistics of farm injuries from the Australian Institute of Health and Welfare provide a useful insight in to the workplace risks of Australian farms. Given the workplace focus of the SafetyAtWorkBlog, and the articles written about the risk of working with quad bikes, the following statistics are of great interest:

For quad bikes, almost 90% of injuries were sustained by the driver in people aged 15 and over.” (page 9)

For injuries involving quad bikes, males accounted for two-thirds (66%) of all hospitalisations for children aged 0–14 and almost 80% of all hospitalisations for people aged 15 and over.” (page 9)

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ACCC releases Issues Paper to start public quad bike safety consultation

The Australian Competition & Consumer Commission (ACCC) has released an issues paper on quad bike safety with a deadline for public submissions of mid-December 2017.  An ACCC spokesperson has advised that submissions will be made available to the public through the website unless privacy and confidentiality is requested. A draft recommendation is scheduled for early 2018 with a final recommendation in mid-2018.

Issues papers serve two purposes – the provision of information and questions of particular importance.  This article will look at some of those questions.

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