Category: business

Quad bike manufacturers resist the inevitable

Pressure is increasing on the manufacturers of quad bikes in Australia and from a variety of sources.

The Weekly Times newspaper continues, almost fortnightly, to report on the safety debate about the use and design of quad bikes.  The 9 June edition has a double-page spread on the issue with many direct quotes from “players” in the debate.  The fact that a national rural newspaper has devoted this level of column inches is indicative of the controversy.  The Australian metropolitan dailies have not followed this lead but, as we have seen in previous blog posts, major New Zealand papers have covered the issues.

Some Australian government departments are applying the cautionary principle under legislative occupational health and safety (OHS) obligation and have restricted the use of quad bikes pending risk assessments.  SafetyAtWorkBlog has heard that one department, New South Wales’ National Parks & Wildlife Service, has passed through the assessment phase  and will be fitting Crush Protection Devices (CPDs) to their quad bikes by the end of August 2011.

A source close to the debate has told SafetyAtWorkBlog that

  • There is an increased likelihood for coroners’ inquests in a number of states;
  • The quad bike industry has begun formally misrepresenting the value of CPDs in posters, of which several have been provided to quad bike distributors; and
  • The industry continue to assert that research shows CPDs cause more harm than good but provide no evidence of this. Continue reading “Quad bike manufacturers resist the inevitable”

Do Work Health and Safety regulations comply?

The draft model Work Health and Safety regulations were published for public comment in December last year, but rather than sailing through with general public support (i.e. negligible objection) they were met with incredible public objection, with over 1000 submissions.  This astonishing fact begs the question; has something gone wrong in the WHS legislation making process? Or did the Australian public suddenly have nothing better to do than write all those pages?

You may, or may not, be aware that when legislators want to create legislation there are very solid principles and clear guidelines that legislators must comply with.  These “rules-for-rule-makers” are provided to us courtesy of the Council of Australian Governments (COAG) and the Office of Best Practice Regulation (OBPR).  And for mine, they are excellent.

The reasons we in Australia have those rules are many but in a nutshell it’s because some governments have over the years proved to be pretty good at creating flawed legislation with unintended or anti-competitive consequences. And some have been pretty good at blustering their rules through to the public and papering over the deficiencies. Continue reading “Do Work Health and Safety regulations comply?”

Reasonably Practicable is more a hindrance than a help

Possible future OHS conversation between Person Conducting Business or Undertaking (PCBU) and an OHS Inspector or OHS professional looking at a piece of plant:

PCBU: “Look at this machine, it now complies with the work health and safety laws, as far as is reasonably practicable.”
OHS: “Terrific. How did you work out that the plant complies?”
PCBU: “Well we asked around and we reckon this is the best solution.”
OHS: “So did you assess whether anyone could get harmed using this machine?”
PCBU: “Yep”
OHS: “What sort of injury do you think could result from operating this plant?”
PCBU: “Not much”
OHS: “Who told you that the plant now meets all the requirements of the OHS legislation?”
PCBU: “Our workshop manager/neighbour/consultant….”
OHS: “Did they suggest ways for making the plant safe?”
PCBU: “Yep”
OHS: “So why isn’t there a guard around that pinch point?”
PCBU: “Ummmmm, I can’t afford the guard this month but the manager/neighbour/consultant said it’d be alright as long as we put this warning sign up in the meantime. But it’s reasonably practicable, I reckon.”

As the new Work Health and Safety laws become a reality in Australia from January 2012, the line of compliance will expand to create a grey band within which compliance is likely only to be determined by lawyers after an injury has occurred. Continue reading “Reasonably Practicable is more a hindrance than a help”

Australia’s Safety Institute bemoans the politicisation of OHS

The Safety Institute of Australia (SIA) is a very quiet organisation for one that claims to be “Australia’s professional body for health & safety professionals”, particularly considering Australia is undergoing a gentle revolution of its workplace safety laws.  But SIA’s recently appointed national secretary, Stephen Thomas, has spoken out, reportedly as an SIA spokesperson, about the lack of prominence of OHS professionals on the boards of OHS and workers compensation regulators.

The lead story of online newspaper inDaily for 30 May 2011 has Thomas discussing the politicisation of occupational health and safety:

“In my view, the tri-partite structure has actually politicised OHS here in South Australia, as well as in other states,” he told Indaily. “You have these groups representing employer interest, employee interest and government interest, but there’s nobody from the OHS profession that sits at these board tables where important strategic decisions are made.

“It’s really only the independent views of professional OHS practitioners that can really provide objective advice and objective opinions without getting embroiled in the political process.

“I believe the politicisation of OHS has been to its detriment, both across the country [nationally through Safe Work Australia] and here in this state.”

Complaining about the politicisation of any element of society seems impractical as politics is integral to the decision making of public policy.  It is surprising that such a position is still held, particularly by an executive of a national professional association, as there are countless examples of how political decisions have affected OHS laws and safety policies negatively and positively. Continue reading “Australia’s Safety Institute bemoans the politicisation of OHS”

New South Wales gets a win-win on OHS laws

The Australian Government must be either issuing a sigh of relief or clapping their hands together following the passing of the model OHS laws by the New South Wales (NSW) government last week.

NSW was a belligerent signatory to the agreement for nationally harmonised OHS laws but the laws passed with sufficient tweaking to make the laws compatible with the national model laws.  Several days later, on 30 May 2011, everyone is claiming a win.  Unions retain some authority to prosecute over OHS breaches, although only “for the third and least serious category of offence”, according to the Australian Financial Review.

Unions NSW secretary Mark Lennon is reported as saying that the NSW upper house of Parliament has protected an important safeguard for workers.

On 27 May 2011 Lennon was bemoaning “that the Industrial Court has lost most of its occupational health and safety jurisdiction” and yet the Industrial Relations Commission will now retain an active OHS role even though it is dealing with lesser OHS offences, similar to the unions’ role above.

Overall the amendments in the NSW Parliament seem to be a face-saving exercise for the left-wing politicians and trade union movement.  They were provided with little wins but have given way on the major objections.  It is reasonable to describe this as a pragmatic solution given that the March 2011 NSW election effectively removed the union movement’s power base in that State. Continue reading “New South Wales gets a win-win on OHS laws”

New OHS info on Working Alone and Occupational Violence

One of the most difficult safety management challenges is the control of hazards associated with working alone.  The most effective control is to not work alone, but the difficulty comes because this option requires expenditure.

WorkSafe Victoria recently released an information sheet on this hazard and listed the following hazard control options:

  • Buddy system
  • Environmental design
  • Communication or location systems
  • Alarms
  • Movement records
  • Training
  • Knowledge sharing

WorkSafe wisely says that most workplaces will require a combination of these options to control the hazard of working alone.

Trying to reduce the hazards of working alone is a terrific indication of the economic health of a business, the level of safety commitment of a business owner or manager, and the state of safety knowledge in the company. Continue reading “New OHS info on Working Alone and Occupational Violence”

Source data from within the quad bike safety stoush

SafetyAtWorkBlog was able to contact the Federal Chamber of Automotive Industries’ Rhys Griffiths this afternoon seeking clarification of the FCAI’s withdrawal from quad bike safety discussions reported yesterday.  Prior to withdrawing, a document was read to the quad bike safety working group.  The document has not been released publicly but below is the gist.

Further down the page is an edited version of the letter that the Australian Centre for Agricultural Health and Safety (AgHealth) has reportedly sent to “290 rural motorcycle dealers”.  According to Rhys Griffiths being quoted in The Weekly Times, this letter

“”…basically says dealers could be looking at law suits for not fitting devices on ATVs…  This is in direct contradiction to the manufacturers’ recommendations, so the dealer is caught in the middle.” Continue reading “Source data from within the quad bike safety stoush”

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