Category: ATV

PCBUs, farms, quad bikes and safety – a speculation

Soon another Australian State, South Australia, will be using the concept of the PCBU – the Person Conducting a Business or Undertaking in its occupational health and safety laws. This concept has the potential to expand OHS laws well beyond the traditional factory fence or office and the recent discussion on the safety of quad bikes may illustrate this.

Until there are Court cases to clarify the Work Health and Safety laws and concepts it is worth looking at the source of these concepts. Safe Work Australia explains the PCBU in an interpretative guideline.

Businesses may be “enterprises usually conducted with a view to making a profit and have a degree of organisation, system and continuity”. In terms of quad bike use, this could be a farm.

Undertakings “may have elements of organisation, systems, and possibly continuity, but are usually not profit-making or commercial in nature.” Probably not a farm. Continue reading “PCBUs, farms, quad bikes and safety – a speculation”

The world looks to Australia for quad bike safety changes

On 19 October 2012 in a video address to an Australian forum on quad bike safety, the US Consumer Product Safety Commissioner Robert Adler stated

“We at the US CPSC are monitoring your activities closely with the hope that what you learn can help us back here in the United States.”

That places considerable attention on the safety initiatives and negotiations in Australia but also may indicate that the United States is struggling to achieve change in this area.

On October 17 2012, the Weekly Times devoted its front page, a double page spread and its editorial to the safety of quad bikes, or All Terrain Vehicles (ATVs).   The editorial called  on the Government to

“…mandate all ATVs are fitted with roll-over protection ..[and to] provide a rebate to allow retro-fitting of roll-over protection to existing ATVs.”

ABC News provided an excellent summary of the issues associated with quad bike safety in its news report on 17 October 2011 and showed some scary images of young children riding quad bikes.

Following the forum, Australia’s Workplace Relations Minister, Bill Shorten issued a media statement outlining to the outcomes.  It stated:

“The Minister said he has asked Safe Work Australia to report on the key findings of the quad bike issues paper and today’s forum, and that he would direct Comcare*, the Commonwealth workplace safety regulator, to immediately implement the following:

The Australian Government looks to apply “above-the-line” safety to quad bikes

At the end of August 2012, Australia’s Minster for Workplace Relations, Bill Shorten, released a discussion paper on quad bike safety. The intention of the discussion paper is a:

“…calls for submissions on potential improvements to quad bike safety to reduce the alarming rate of quad bike fatalities and injuries….

The comments received will be discussed at a one day forum between all levels of government, farming organisations, unions, industry and community groups to be held in October 2012.”

The paper is fairly thin on details and is certainly not like other discussion papers which present a current state of knowledge or present a set of circumstances that comments are wanted on.  But most of the quad bike safety research is readily available on the internet so, perhaps Minister Shorten is acknowledging this reality and the intelligence of those interested in this issue. The paper poses the following questions: Continue reading “The Australian Government looks to apply “above-the-line” safety to quad bikes”

Vulnerability and arrogance

“How can this be allowed to happen nowadays?” the distressed wife of a seriously injured worker asked me recently.  Her husband was sitting next to her, his eyes still victims of the recent terror that nearly killed him.  She saw that and struggled to join him in his very dark and personal space.  This now would become a life time job for her.

This meeting captured for me one of the most fundamental factors at most workplaces.  That workers’ most common feeling at work is that of vulnerability.  Of course many workers find comfort and pride in their job.  Of course it feeds them and their families.  Of course it can provide personal identity and purpose.  And of course there are many managers who understand all this.

But it’s also true that much too often this is not the case.  That’s one reason why when suddenly factories or mines close, or car manufacturers ‘shed’ 200 workers, or car part factories go bust workers are not only shocked, but it substantiates their sense of vulnerability, “What a shock, I thought they loved us!”

Not only is this painfully evident when a negligently poor H&S standard results in crippling a worker for life, but is typically present on a daily basis.  Permanent fear of job loss results.  The fact that a worker can be disciplined or sacked for a number of events that can be defined and redefined by creative managers feeds that feeling.  That’s another reason why so much bullying and humiliation occur and so much stress is experienced. Continue reading “Vulnerability and arrogance”

Australian Government moves on quad bike safety

Just before Christmas in 2009, Dr Yossi Berger speculated for an information network about the safety of quad bikes.  He called it QuadWatch.  Over two years later, on 13 July 2012, Australia’s Employment and Workplace Relations Minister Bill Shorten announced his own QuadWatch.

In the 2009 Croaky Blog, Dr Berger suggested

“a network could be called QuadWatch and it would become a clearing house for all needs related to quad bikes, particularly in relation to safety standards.  All training needs, advice about accessories, advice about the correct machine for a certain job or terrain could be handled by such regional cells.”

Shorten described the new QuadWatch as

“… a community based network bringing together farmers, community groups, emergency services and local government.

Shorten’s QuadWatch is broadly consultative but is a little different in its communication strategy.  Establishing websites in support of a political strategy have not had the greatest success in the last few years under the Federal Labor Government and QuadWatch is not the end point in the safety debate.

It is worth deconstructing the Minister’s media release a little.

Continue reading “Australian Government moves on quad bike safety”

Serious quad bike incident in New South Wales

SafetyAtWorkBlog has been informed that an Irish backpacker was working on a farm near Gravesend in New South Wales in late May 2012 and received serious back injuries when the quad bike, from which he was spot spraying weeds, rolled on an embankment. The man was taken to hospital after contacting the farmer for assistance.

A spokesperson from WorkCover NSW has confirmed that

“….a 26 year old male worker was injured on a property at Gravesend near Moree …. on Thursday, 31 May.  Initial enquiries indicate that the worker was spot spraying weeds on the property and has suffered back injuries from a quad bike incident when he attempted to ride out of a gully.”

At this time, Workcover was unable to say whether

  • the worker had received any motorcycle or quad bike training.
  • the quad bike had any attachments or modifications.
  • the worker was wearing a helmet or other PPE at the time.

It is understood that the worker had been on the farm for only a few days.

We have been unable to find any media or online references to this incident.

On 24 May 2012, a week before the incident above, the Australian Broadcasting Corporation’s AM program ran an interview about the quad bike related fatality of an 11-year-old boy in 2011.

A longer audio interview on quad bike safety was conducted by ABC Rural in September 2011.  The participants were Tony Williams of WorkCover NSW and John Lambert of the Forensic Engineering Society of Australia but the most significant quality of the interview was the solid understanding of agricultural safety shown by the interviewer.

Kevin Jones

The fact that quad bike use is dangerous needs a fresh communication strategy

Dr Tony Lower of the Australian Centre for Agricultural Health & Safety has released new information about deaths and injuries associated with quad bike use in Australia for 2011. His report lists media reports that

“There were at least 23 quad bike related fatalities and 56 major injuries, many of which are likely to be life‐changing…”

He also continues to keep pressure on the quad bike manufacturers:

“It is an absolute insult to quad bike users and particularly to those families that have lost loved ones in rollovers that the manufacturers and the Federal Chamber of Automotive Industries (FCAI) simply continue to defend the indefensible. There is an urgent need to address this issue through better design of the quad bikes themselves and also ensuring crush protection devices are fitted”

But the severity of the risk and potential consequences of using quad bikes is well established.  This article is going to look at a couple of other issues raised by Dr Lower’s media release (not yet available online) and the Media Monitors report. Continue reading “The fact that quad bike use is dangerous needs a fresh communication strategy”

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