Quad bike safety gets messy – disagreements, Supreme Court writs and stars

Over the last couple of weeks in Australia, the arguments over the safety of quad bikes (sometimes called All Terrain Vehicles (ATVs)) has become messy. The National Farmers’ Federation (NFF) is in favour of Operator Protection Devices (OPDs) but the Victorian Farmers’ Federation (VFF) is not. Doctors and farmers are calling for a five-start safety rating for quad bikes. One researcher says such a scheme is ready to go. The manufacturers’ industry representative, Federal Chamber of Automotive Industries (FCAI) says no it’s not but here’s a new helmet to wear.

Around all of this is remarkable silence about legal action launched against the Victorian occupational health and safety (OHS) regulator, WorkSafe, by Honda, Yamaha, Suzuki, Kawasaki and BRP over WorkSafe’s interpretation of a legal safety duty.

All the while farmers in some States are continuing to access generous safety rebate schemes. Continue reading “Quad bike safety gets messy – disagreements, Supreme Court writs and stars”

Does accessing government assistance need to be so hard?

Nothing is ever easy in farming.  Several Australian States have introduced a rebate scheme to help farmers improve the safety of the quad bikes so the vehicles, also inaccurately called All Terrain Vehicles (ATV), should be made safer. The argument over safety has persisted for many years and has resulted, most recently, in rebates for safety improvements provided by the government.  However, two States – Victoria and New South Wales – have different processes to accessing these rebates and the NSW process seems to deter farmers from applying for the rebates.

caution ATV signThe Victorian Government’s rebate scheme is administered through WorkSafe who provides a Frequently Asked Questions which is simple and clear.  The dates of activity are listed and, primarily, proof of purchase is the main document for eligibility. Victorian farmers can obtain a rebate for:

“$1200 for the purchase of an alternate vehicle such as a side-by-side vehicle (SSV) or a small utility vehicle (SUV). The alternate vehicle must be designed for use in agriculture and at point of sale have rollover protection and a fitted seatbelt. Sport vehicles and small commercial vehicles, such as utes, are excluded.

Up to $600 for the purchase of up to two operator protection devices (OPD). The OPD must have been designed and manufactured in accordance with approved engineering standards and independently tested to be eligible for the rebate. There are currently two OPD devices that meet this criteria and are eligible for the rebate. They are the Quadbar™ and the ATV Lifeguard.”

The NSW process is funded by SafeWork NSW with a complex set of terms and conditions.  The purchase options seem narrower but the major difference in the two rebates schemes is New South Wales’ insistence that farmers must attend an “educative interaction”.  According to a SafeWork NSW FAQ farmers are required to:

  • “get along to a Farm Safety Day run by SafeWork NSW or one of its program partners
  • visit the SafeWork NSW stand at an Agricultural Field Days
  • request a free on-farm Workplace Advisory Visit and we will come to you
  • attend one of the 100 training events being offered by Tocal College.”

SafetyAtWorkBlog has been told that farmers find this to be condescending and are suspicious of SafeWork NSW’s intentions, particularly in relation to the “free on-farm Workplace Advisory Visit”. Such visits are likely to be SafeWork NSW’s preferred option as there are only a limited number of Field Days available every year. WorkSafe Victoria does not insist on educative interactions as part of the rebate scheme which increases NSW framers’ suspicions.

The Federal Chamber of Automotive Industries (FCAI) recently released a new video to support its claims that Operator Protection Devices (OPD) or Crush Protection Devices (CPD) “are not the answer“.  The FCAI has been out of step with the issue of quad bike safety for many years and it is difficult to sympathise with its position when governments are “endorsing” OPDs through rebate schemes.

The FCAI’s position seems to be shortsighted as the rebates are encouraging farmers to apply a Gordian Knot solution to the bickering over quad bike safety.   Both the NSW and Victorian rebate schemes encourage farmers to purchase side-by-side vehicles (SSV) which, due to the framework over the driver, have no need for the OPDs on offer.  SSVs are more expensive than quadbikes but can be seen as endorsed safer options by the regulators of safety in each of the States.

Having dug in to a contrary position of additional safety measures on quad bikes, the FCAI is getting more out of step with the regulators’ positions and the safe desires of farmers and farming families.  But perhaps criticising the FCAI is unfair, after all, it is a body representing the interests of automotive manufacturers.  Generations have grown up equating motor vehicle manufacturing with safety, ever since “Unsafe at Any Speed” was published in the 1960s, but the FCAI seems different.  It has its own definition of workplace safety that is not in step with government or safety regulators.

Farmers, like all business operators, need to decide for themselves who they trust more for their own safety – regulators or salespeople.

Kevin Jones

 

Podcast tackles Safety Culture

Cabbage Salad BannerThe latest episode of the Cabbage Salad and Safety podcast is now available and includes a discussion on the perennial occupational health and safety (OHS) debate over Safety Culture.

Siobhan Flores-Walsh and I discuss the role of safety culture and its influence on contemporary safety management.  The definition is fluffy and this is part of the challenge in improving a company’s safety culture.  I think the podcast episode is a useful primer on the issue to those who are just making contact with the concept and of interest to those of us who are already dealing with safety culture and people’s expectations for it.

Cabbage Salad and Safety podcasts are changing all the time and we read all the feedback and comments that listeners have emailed in. Please have a listen and email me your thoughts for future episodes or please comment below if you prefer.

 

Kevin Jones

“Cabbage Salad and Safety” podcast launched

KJ SFH HeadshotIt has been my intention for many years to establish a conversational podcast with a workplace safety lawyer. The opportunity to pitch the idea occurred earlier this year and the first episode of Cabbage Salad and Safety is now available.

Siobhan Flores-Walsh of Corrs Chambers Westgarth (pictured right with the author) was the lucky lawyer and she has been enormously supportive also providing the recording equipment, personnel and opportunity. Continue reading ““Cabbage Salad and Safety” podcast launched”

OHS reality and common sense

On the eve of International Workers Memorial Day, I attended a seminar about the management of fatalities and serious injuries conducted by a group of risk management and insurance agents.  Prevention was not on the agenda which led to some surprising statements.

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WorkSafe enters battle over quadbike safety

Quad bike Say Safety_v151_04_10A decision by WorkSafe Victoria about the fitting of crush protection devices (CPD) to quad-bikes (All Terrain Vehicles/ATV) gained the major prominence in the latest edition of a major Australian farming newspaper, The Weekly Times.  The newspaper reports that

“WorkSafe Victoria is tightening rules around quad bikes that will see them banned in workplaces unless appropriate rollover protection is fitted.”

Some of the argument over the last 24 hours has been around whether this means that CPDs are mandatory and, as always, cost.

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Talking about safety – old skills in new ways

Australia’s latest Prime Minister, Malcolm Turnbull, has a strong background in technology investment and is urging the country to embrace innovation.  This has generated a focus on information technology start-ups but it may also create opportunities for occupational health and safety (OHS) professionals, if they are willing to change.

There has been a quick growth in

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SafetyAtWorkBlog’s most popular articles of 2015

SafetyAtWorkBlog has had a successful 2015, consolidating itself as a valid independent voice on workplace health and safety, particularly in Australia. But readers don’t get access to some of the statistics for the site and as a year in review exercise below are the top five most-read articles written in 2015, highest readership first:

Impairment argument fails to convince Fair Work Commission over unfair dismissal

WorkSafe Victoria heads roll

Research raises serious questions on SIA’s certification push

Some are losing faith in the Victorian Workcover Authority 

Safety learnings from construction Continue reading “SafetyAtWorkBlog’s most popular articles of 2015”

OHS benefits of motion sensors and contemporary anthropometry

Several years ago, at a workshop over the development of the next Australian National Strategy for occupational health and safety (OHS), participants were asked to forecast an issue that would appear or be useful in the next decade.  I suggested sub-dermal implants that would record or transmit real-time health data.  My suggestion was received with laughter and a little bit of horror.

The sub-dermal implants for OHS monitoring are yet to occur but the electronic collation of important health data has progressed to a high level of relevance. This not only involves measuring body stresses but the bodies themselves. Continue reading “OHS benefits of motion sensors and contemporary anthropometry”