A recent occupational health and safety (OHS) prosecution over a quad bike fatality gained some mainstream media attention, primarily due to one of the owners being an independent New South Wales politician, Helen Dalton. Strip out the political newsworthiness, and there are some serious OHS lessons for all employers to be learned from the Court judgement.
Every time a sporting body is confronted with concussion data, someone inevitably asks whether the game can be played without the risk. In most industries, that question is the starting point for a “so far as is reasonably practicable” (SFAIRP) analysis. In sport, it’s treated as heresy. But if we apply the same occupational health and safety (OHS) logic to Australian rules football that we apply to construction, mining or manufacturing, the answer is, if you want to eliminate concussion and the risks of chronic traumatic encephalopathy (CTE), you have to eliminate the mechanisms that cause it. And once you do that, you no longer have the game as we know it.
The death of 23‑year‑old footballer Nick Lowden should force the Australian Football League (AFL) and every sporting body that claims to care about player welfare to confront the fact that the risks of brain injury in Australian football are no longer mysterious, emerging, or debatable. They are foreseeable, documented, and cumulative. And once a risk is foreseeable, the occupational health and safety (OHS) duty to eliminate or minimise it so far as is reasonably practicable (SFAIRP) applies.
A Four Corners investigation to be broadcast on June 29, 2026, examines Lowden’s death. (This article is based on some preliminary reporting on the issue by the Australian Broadcasting Corporation)
The 2026 conference for the International Association on Workplace Bullying and Harassment (IAWBH) was held in Canberra in June 2026. I was always curious about how prominent the term “psychosocial hazards” would be at this conference. It seems that most of the world still talks about workplace bullying and harassment and sexual harassment separately from the psychosocial, but the occupational health and safety (OHS) approach seems to be in the ascendant.
Below is my take (part 1 of 2) on the conference sessions I attended and the issues raised. (I missed the half day of Day 3). I have tried to use a generic, informative tone for a broader readership.
Regarding free access to some Australian Standards, an astute reader pointed me to a previous SafetyAtWorkBlog article from March 2023 and connected Treasurer Jim Chalmers’ 2026 Budget papers more closely to the issue of productivity and what was NOT included in the latest Budget – open access to government-funded research. At that time, I wrote:
“On March 17 2023, the Australian government released the Productivity Commission’s latest 5-year Productivity Inquiry report. At well over a thousand pages, few people are going to read it to the level it deserves. Nor will I, but I have dipped into it and found a couple of important comments that relate directly to the management of occupational health and safety (OHS).
From July 2026, the official Australian Standards for occupational health and safety (OHS) management will become freely available. According to page 142 of Budget Papers Number 2, the Australian government will
“…. provide $55.2 million over four years from 2026–27 (and $11.6 million per year ongoing) to support implementation of reforms to increase productivity.”
Safe Work Australia’s (SWA) latest consultation on quad bike safety is another reminder that fatalities and serious injuries continue despite years of guidance, rebates, training campaigns and polite encouragement. The evidence laid out in SWA’s consultation paper shows that harm has persisted even after “extensive education and awareness efforts”, so voluntary approaches have reached their limit. When a hazard keeps killing people in the same predictable ways, the question is no longer whether we need stronger regulation but why it has taken so long to get there. This moment demands more than another round of messaging — it demands decisions that actually change the machines people ride and the conditions they ride them in.
Below is my submission to SWA’s consultation process on improving the safety of quad bikes used in the workplace. I strongly encourage everyone to participate.
