Since the quad bike safety roundtable a couple of months ago, the safety debate about quad bikes has been quiet however, the issue has lost little of its topicality. On 5 December The Weekly Times again devoted its front page, and editorial, to quad bike safety.
The newsworthiness stems from quad bike manufacturer, CFMoto offering
“…the Quadbar device through its dealership across Australia, conceding crush protection for ATVs was “inevitable”.” (link added)
This is a noticeable break from the other motorcycle manufacturers represented in Australia by the Federal Chamber of Automotive Industries (FCAI). Contrary to the FCAI comments in the article, CFMoto is not a backyard manufacturer. According to its website profile:
“CFMoto’s ATV and UTV range has been the second largest selling throughout much of Europe for the reporting period between the January ’08 and June ’10. And since arriving in Australia has become the fastest growing ATV brand in Australia!” Continue reading “One quad bike manufacturer seizes the day on safety”
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”
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:
Sometimes when there is a procedural or organisational blockage, an opportunity or potential solution appears out of the blue. A South Australian Supreme Court decision on 3 October 2012 (not yet available online) may be just such a case.
Almost seven years ago Jack Salvemini was working on a shark fishing boat in the Great Australian Bight when he became entangled in a net being winched and was, according to various reports, either strangled or crushed to death. SafeWorkSA prosecuted the company running the boat, Jean Bryant Fishing and the skipper of the boat, Arthur Markellos. Both were found guilty of breaching the occupational health and safety laws in effect at that time.
The company was fined $A71,000 from a maximum fine of $A100,000. Markellos was fined $A17,000. Arguments and appeals have continued on over this case since the original prosecution in the Industrial Magistrate’s Court in November 2010. (This judgement also provides the best level of detail of the fatality and its impact on all parties including Arthur Markellos)
Following the Supreme Court decision, Jack’s father, Lee, said he would like to talk with the Attorney-General to discuss what more can be done on his quest for justice. Later in the evening South Australian Premier, Jay Weatherill, commented on the case and offered to meet the family. There is a political element to the Premier’s offer as it makes an important point about the Work Health and Safety Bill currently stalled in the SA Parliament. Continue reading “The Salvemini court saga illustrates many problems with prosecutions, justice and care”
In December 2011, SafetyAtWorkBlog reported on a serious misreading of workplace safety by the President of the Australian Hotels Association in South Australia (AHA/SA), Peter Hurley. The debate on new work health and safety laws in South Australia continues and on 7 September on radio station FIVEAA, according to an interview transcript (not available on-line), Peter Hurley continued to display his misunderstanding of OHS laws and principles even though SafeWorkSA responded at the time. The broader significance of his comments is that they could provide an example of the way that OHS myths are created through anecdote and misunderstanding.
Hurley reportedly said:
“..last year one of our hotels was subjected to some very aggressive inspectorate activity and among a myriad of other nit-picking things that we were instructed that we had to comply with was an instruction that we had to deck out our bottle shop staff in high vis apparel so if someone wandered in and wanted to have a discussion about the nuances of one vintage of Grange against another, they were going to have stand there and talk to a bloke who looked like he was working on a building site … Continue reading “Managing on luck is not managing safety”