It was reported during the recent Farm Safety Week in Australia, that the Federal Government is willing to work with the States to improve quad bike safety. The New South Wales (NSW) Government has responded by saying the Federals should provide a national five-star safety rating system on the farm vehicles. Such a system is widely supported until the discussion turns to the criteria to be included.
Some of the print reporting of the current discussions sound has the NSW Minister for Innovation and Better Regulation, Matt Kean, sounding like a politician – reasonable and measured. However, the delivery of the same message on the NSW Country Hour program for July 18 2017 (at the 43 minute 40 second mark) is much tougher. The Minister should be even tougher on this issue and take it up to the quad bike manufacturers. Continue reading “NSW Minister should take the tough decision on quad bike safety”
This week is Farm Safety Week in Australia. This means that a lot of organisations will be issuing media releases about how to either, improve safety performance (ie. reduce harm) or raise awareness of risks and safety. What is likely to be missing from the information is practical information. This is partly because of the unique nature of farmers – isolated, small businesses, politically conservative and working from home.
Safe Work Australia
On the first day of the week Safe Work Australia (SWA) released an
A company vehicle is a workplace. This is not a radical statement, or shouldn’t be. A worker driving the company vehicle is at work, transporting themselves or some goods somewhere as part of the work process. Yet most traffic accidents in Australia are not assessed to determine whether they are work-related and action is rarely taken by the occupational health and safety (OHS) regulators who seem comfortable with their secondary information gathering role in traffic accidents.
With the failure of the trade union movement’s efforts to maintain the existence of the Road Safety Remuneration Tribunal, others are stepping up pressure on Australia’s government to address some traffic accidents as work-related. And there is some important local independent research that seems to support this push.
On 26 May 2017, NT WorkSafe announced that Austral Fisheries Pty Ltd was charged over health and safety breaches that resulted in the electrocution of Ryan Donoghue. Enforcement of occupational health and safety breaches should be welcomed but Donoghue died in 2013! Why so long?
NT WorkSafe regret the delay:
“The location of the vessel meant the Australian Maritime Safety Authority, Workplace Health and Safety Queensland and NT WorkSafe potentially had jurisdiction to investigate.”
“The preliminary findings from our investigation were handed to Workplace Health and Safety Queensland after we received legal advice that they had jurisdiction,” Mr Gelding [Executive Director of NT WorkSafe] said.
Workplace Health and Safety Queensland completed their investigation on 3 March 2015 and decided not to prosecute. The Northern Territory Coroner held an inquest into the accident in April 2016 and referred the matter to NT WorkSafe for consideration.
Why so long? Jurisdictional arguments and enforcement variation. But didn’t Australia establish a National Compliance and Enforcement Policy in 2011? Yep,
The court case between the Federal Chamber of Automotive Industries (FCAI) and WorkSafe Victoria has been resolved and, according to both parties, they both won. According to WorkSafe Victoria:
“The Supreme Court proceeding issued by Honda, Yamaha, Suzuki and other quad bike manufacturers against WorkSafe Victoria was dismissed just prior to a trial that was listed to commence yesterday.
The manufacturers had wanted the Supreme Court to rule that WorkSafe’s public announcements about quad bike safety were unlawful. The challenge has been dismissed and will not proceed to trial.”
According to FCAI’s media statement:
“In the Supreme Court proceedings, WorkSafe Victoria specifically declined to pursue a claim that the fitment of an OPD is an appropriate way of reducing the risks to operators of an ATV overturning. It has produced no data or other evidence to support its claim that OPDs will “save lives”.
The revisions now made by WorkSafe Victoria are welcomed by the ATV industry as an important clarification to correct previous reporting that, as a result of its March 2016 announcement, OPDs had become mandatory on Victorian farms. That was not the case, as WorkSafe Victoria has now acknowledged, as a result of the legal proceedings taken against it.”