Debate on rollover protection rolls on

The continuing argument over quad bike safety in Australia mirrors many of the other occupational health and safety (OHS) debates over whose evidence is truer, is the argument about politics or safety, the cost of change and whether one size of OHS laws and enforcement fits a splintering employment structure.

The Liberal National Coalition won the recent Federal Election in Australia, retaining power and with a stronger Parliamentary influence. In terms of quad bike safety, action on the Australian Consumer and Competition Commission’s report will follow the schedule set out by the then Assistant Treasurer Stuart Roberts. Several quad bike manufacturers and their industry lobbying arm, the Federal Chamber of Automotive Industries (FCAI), have ramped up the pressure on the Government now that they smell another three years of sympathetic government.

It is important to keep reminding ourselves that OHS, for most Australians, remains regulated at a State level and national positions and recommendations like that of the ACCC are unlikely to be implemented nationally without Federal laws.

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Victims of industrial crime

On May 13 2019 the Australian media published articles based on research (released after embargo) conducted by the RMIT’s Centre for Innovative Justice and about victims of crime which those advocating for Industrial Manslaughter laws should seriously consider.

The Age newspaper reports

“Victims of crime felt let down by the system when offenders pleaded guilty to a less serious charge and did not proceed to trial ‘‘ because they wanted the opportunity to tell their story’’ , …..”

and that

“One victim interviewed during the research said they felt left out of discussions with the OPP when charges in their case were downgraded from murder to manslaughter for a plea of guilt …”

Occupational health and safety (OHS) seems a little ahead of the game here as relatives of deceased workers have been integrated into OHS consultation in both Queensland and Victoria. Relatives had a very strong voice through the Senate Inquiry into Industrial Deaths. Victim Impact Statements have been possible in the Courts for many years but Industrial Manslaughter laws add an additional depth to the participation of victims of industrial crime, and an additional risk of false promises.

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More voices raised about quad bike safety

According the Weekly Times newspaper on May 8 2019 (paywalled), Mojo Motorcycles remains committed to the Australian quad bike market. Polaris acknowledges that

“…. ATVs will go the way of the dodo.”

The Farmsafe and National Farmers Federation (NFF) Workforce Committee, Charles Armstrong, has, in Farmonline National, described the threats by Honda and Yamaha as

“….. an astonishingly infantile reaction from otherwise respected multinational companies.”

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Beware any politician talking about the coloured tapes of bureaucracy

Some of the Australian media on May 8 2019 began quoting the current Prime Minister, Scott Morrison, over his concerns about the “green tape” of environmental laws and something called “the expansion of union “red tape””. (Nine Australia’s papers, paywalled) Crikey’s Bernard Keane asks “Does Australia really have a ‘green tape’ crisis?” (paywalled) and proceeds to answer, No we don’t. But where there is Green Tape, the Red Tape of occupational health and safety (OHS) follows.

What Morrison means by “union red tape” is unclear. The newspapers included this quote from him:

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Honda and Yamaha dig in over quad bike safety

“Just carrying on doing more reviews is not going to take us very far. We now have to make a start and that’s going to require legislation,”

These words were spoken by the head of the UK Competition and Markets Authority, Andrew Tyrie, but could easily have been a quote from the Australian Competition and Consumer Commission (ACCC) in relation to its recent review of the safety of quad bikes.

Improving the safety of quad bikes, or what used to be called All Terrain Vehicles (ATVs) until everyone accepted that they don’t travel safely over all terrains, has been a contentious issue in Australia for well over a decade. The issue appears in the media regularly after each death or near miss involving a quad bike rider.

Last week the issue appeared in the media for a different reason. Yamaha and Honda have both advised their dealers that if the ACCC safety recommendations and safety standard become law, they will

“….. be force[d] to cease selling utility ATVs in Australia” (Yamaha)

“… withdraw from the ATV market in Australia.” (Honda)

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The party politics of safety

The Safety Institute of Australia, commendably, approached the major political parties running in Australia’s current federal election campaign. Only the Australian Labor Party (ALP) responded to the SIA, but the policy documents of the Australian Greens and Liberal and National Parties are available online and their relevance to occupational health and safety (OHS) deserves attention.

The ALP information should be familiar to SafetyAtWorkBlog readers:

• “Show national leadership and meet with work, health and safety ministers from across Australia in the second half of this year to decide on the best course of action of the recommendations to come out of the Boland review.
• Work with state and territory governments to implement a harmonised industrial manslaughter offence.
• Establish a national advisory committee made up of representatives from each state and territory who have been personally impacted by a serious workplace injury or death to develop recommendations for federal, state and territory governments to act upon.”

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