…. but quad bikes remain unsafe

Most of the frustration of the manufacturers of quad bikes is aimed at the Australian Competition and Consumer Commission (ACCC) for imposing new safety requirements. However, another independent assessment of the evidence and the Australian controversy recently released its findings.

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Farmers want quad bikes…….

The debate over the safety of quad bikes on farms continues but it is increasingly one-sided. The Australian Competition and Consumer Commission (ACCC) and workplace safety advocates continue to hold the line on the need to install operator protection devices (OPDs) to all quad bikes being sold in Australia. Farmers, often supported by commercial interests, want to keep their quad bikes and as they are, because there are no alternative vehicles that are as versatile as the quad bike.

On July 4 2020, the Western Magazine quoted the CEO of the Federated Chamber of Automotive Industries‘ (FCAI) Tony Weber:

“Evidence suggests in some circumstances CPDs do prevent injuries, other times they create more injuries and that’s not a satisfactory outcome we should address the fundamental problem and that is the way in which humans behave around this machine…”

This quote neatly summarises the points of argument in the safety debate which have been reported on extensively in this blog previously – evidence, most benefit, design, use….

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Managing safety on a high risk TV program

Roger Graham (left) and Todd Sampson talking safety

This article was originally published on May 15 2017 and I was reminded of it this week when talking to a colleague about the management of safety on some of the current home renovation programs.

It’s a long and, I think, fascinating article that suits a leisurely weekend read.


Todd Sampson has created a niche in Australian television by challenging himself in mental and physical tasks.  His latest program is “Life on the Line“. What is intriguing about this type of TV program is how occupational health and safety (OHS) is managed in a way that does not impede the aim of the show.

SafetyAtWorkBlog spent some time with the safety adviser on the show, Roger Graham, to better understand the demands of advising film and TV productions on workplace safety.  The exclusive interview is below.

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Interview with James Curtin

James Curtin and I have been trying to find time to sit down and talk about occupational health and safety (OHS) and Industrial Manslaughter (IM) laws ever since I interviewed trade unionist Dr Gerry Ayres in 2018. The most recent IM laws have recently passed in Victoria and James and I finally found some time to talk.

Below are the personal and professional points that James made in the interview. The rest of the article contains the full interview.

  • Workplace manslaughter has not been found to improve safety and pushing ahead with a model that excludes some duty holders from the offence was/ is wrong
  • There was no gap in the law that this new offence sought to fill. It was an ideologically fuelled position.
  • The model should have been one in all in (like reckless endangerment) or one out all out (and replicate the UK’s Corporate Manslaughter Laws)
  • Working for an employer or employee organisation is a great privilege. You need to represent your constituents effectively but in doing so be mindful of any bias. Some Associations represented their members very well throughout this debate. Some did not. That was very disappointing.
  • Employers have to take their OHS obligations seriously. WorkSafe play a vital role in regulating Victoria’s OHS laws.
  • If you are in business you have to take your obligations seriously. Everyone should have the opportunity to start a business, if they wish, but they must have high regard to their obligations. An effective way of ensuring this is through regulator involvement – proactively and reactively.
  • Compliance and enforcement needs to be looked at differently. Larger fines and custodial sentences is not the answer. Each case needs to be dealt with on its merits and enforceable undertakings can play an integral role

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“This is how silly OH&S has become” Not really

Truck driving is one of the most contentious areas of occupational health and safety (OHS) in Australia. The transport industry has refined a reasonably practicable level of OHS to a high degree where levels of fatigue that would not be tolerated in other occupations are the norm. There also seems to be a negative attitude to OHS as an impediment to getting the job done rather than an investment in the health of drivers and the longevity of their careers.

These attitudes were on display recently in an inquiry into the “Importance of a viable, safe, sustainable and efficient road transport industry” undertaken by the Rural and Regional Affairs and Transport References Committee of the Australian Senate.

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“the point is not science, but safety”

Early last year Professor Andrew Hopkins wrote the following about making important safety decisions:

“If you are a CEO in charge of a large company operating hazardous technologies, you cannot afford to wait for conclusive evidence. You must act on the basis of whatever imperfect knowledge you currently have.”

page 110

This seems relevant to those who have had to make decisions about COVID19 this year. In response to the Hopkins quote, I wrote:

“This applies equally to directors and managers of companies of all sizes. It is hard, it is uncomfortable, but it is part of running a business. It is the application of the “precautionary principle” which, if the precaution proves valid, you are a hero, a visionary and a leader; if it does not happen, you are seen as a doomsayer – a reputational potential that few are willing to risk. However, in terms of OHS and the safety of people, the precautionary principle should be given prominence over reputation for many reasons, for if there is a disaster and fatalities the precautionary principle will be analysed through hindsight and may be influential in arguing reasonable practicability.”

The continuing COVID19 pandemic is a disaster with an horrendous fatality rate and the Precautionary Principle has started to be discussed in academic research about COVID19 and face masks.

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Responsibility and its denial

Occupational health and safety (OHS) laws are intended to clarify who is responsible for workplace health and safety and to assist those responsible to fulfil their OHS duties. But responsibility is hardly ever discussed in reality except after an incident. A core question at that time is “Who was responsible?”, with the social subtext being “It wasn’t me.” OHS laws have already established broad OHS responsibilities which we accept when we have to, but deny when we don’t.

Clear, defined roles and responsibility are core to our understanding of workplace health and safety and the establishment of a safe and healthy workplace, and also of corporate integrity and productivity.

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