MG/DM/GG22028
1 July 2022
By Email: whspolicy@oir.qld.gov.au
TO WHOM IT MAY CONCERN
Dear Sirs
Re: AgForce Queensland Submission to the Quad Bikes and Side-by-Side Vehicles Safety Proposed Work Health and Safety Regulations Discussion Paper – May 2022
AgForce is a peak organisation representing Queensland’s cane, cattle, grain and sheep & wool producers. The cane, beef, grain and sheep & wool industries in Queensland generated around $7.8 billion in on-farm value of production in 2019-20. AgForce’s purpose is to advance sustainable agribusiness and strives to ensure the long-term growth, viability, competitiveness and profitability of these industries. Over 6,400 farmers, individuals and businesses provide support to AgForce through membership. Queensland producers provide high-quality food and fibre to Australian and overseas consumers, and contribute significantly to the social fabric of regional, rural and remote communities.
Thank you for the opportunity to provide comment on this discussion paper.
We note that the Office of Industrial Relations (OIR) is investigating the introduction of work health and safety (WHS) regulations to improve the safety of workers and others when operating quad bikes and side-by-side vehicles (SSV) at a workplace. We also note that the private
use of quad bikes and SSVs outside of a workplace is not captured within the scope of this proposal.
AgForce Support for Safe Workplaces
As stated in the discussion paper, due to their adaptability, ease of operation and low running costs, a significant proportion of our primary producer members use quad bikes and SSVs within their businesses.
AgForce is committed to the elimination of work-related injury and illness in the agricultural industry –‘zero harm on farm’. This includes helping industry recognise:
- Work-related injuries and illnesses can be prevented
- Safety and wellbeing is more important than any task on the farm or in the business
- Communicating about work, health and safety is critical for a successful and sustainable agricultural industry
AgForce is encouraging Zero harm on farm by:
- Promoting health, safety and wellbeing awareness within the agriculture industry and encouraging our members and their families, workers and others involved in industry to participate in discussions about safety
- Advocating for appropriate training, education and information to be made available for industry and its workers about health, safety and wellbeing
- Emphasising the need for better reporting of health and safety performance by industry and setting measurable targets to enable continued improvement
We are seeking for industry to move towards zero harm on farm by:
- Utilising the hierarchy of controls to eliminate or minimise all workplace hazards and risks as far as is reasonably practicable
- Complying with all relevant safety legislation, regulations, and codes of practice
- Meaningfully consulting with and involving, employees and contractors on matters relating to their health, safety and wellbeing
AgForce’s goal of ‘zero harm on farm’will not be compromised and we are committed to lead by example towards this outcome.
AgForce recognises that the use of quadbikes is associated with injuries and fatalities and so steps to ensure their safe use are vital.
Response to the Discussion Paper Proposals
In a two-phase approach, OIR is proposing to introduce regulations in the WHS Regulation to implement the recommendations of the Coronial inquest and to align with Queensland Road rule requirements. The first phase willprimarily focus on safety improvements like helmet, minimum age and safety requirements for the operation of quad bikes and SSVs in the workplace.
Proposed Phase 1 Regulatory Changes
Quad Bikes in Workplaces:
Any person operating or being a passenger on a quad bike must wear a helmet compliant with relevant safety standards
Any person operating a quad bike must be at least 16 years of age, or the minimum age recommended by manufacturers
A quad bike is not used to carry a passenger, unless it is designed to carry a passenger, and the passenger is at least 16 years of age, or the minimum age recommended by the manufacturer
SSVs in Workplaces:
- Any person operating or being a passenger in an> SSV must wear a helmet compliant with relevant safety standards
Any person operating an SSV must be at least 16 years of age, or the minimum age recommended by manufacturers
An SSV is not used to carry a passenger unless the passenger is at least 8 years of age, the passenger’s feet can be placed flat on the floor while seated, and the passenger can hold the vehicle’s handrail while seated (if the vehicle has handrails installed)
Any person operating or being a passenger of an SSV wears a seatbelt, if seat belts are fitted. Phase 2 regulatory changes for consideration
The second phase will focus on the introduction of training requirements for the safe and competent operation of quad bikes in the workplace, requiring broader assessment of issues such as training requirements in different work contexts:
- For both quad bikes and SSVs, a worker and other relevant persons operating a vehicle must be appropriately trained to ensure it is operated safely and competently.
AgForce Quadbike and Side-by-Side Vehicle (SSV) Safety Policy (endorsed June 2022):
1. AgForce supports competency-based, best practice safety procedures being applied on farm and adopts a position on quad-bike safety that encourages producers to actively assess risks and includes.
a. Wearing a helmet and appropriate personal protective equipment (PPE)
b. Getting training
c. No kids under16 on adult-sized quad bikes
d. Not overloading quad bikes
e. Not doubling passengers on quad bikes
2. AgForce supports a mandatory competency-based licensing and training system for the use of all- terrain vehicles (ATVs) and SSVs
3. AgForce actively encourages industry participants to understand their workplace health and safety (WHS) responsibilities and engage with WHS training
4. AgForce encourages the use of seatbelts when using SSVs
5. AgForce also supports a government rebate program cover:
a. Helmet purchase
b. Installation and/or retrofitting of crush protection devices (CPDs) and operator protection devices (OPDs)
c. Purchase of side-by-side vehicles (SSV) or alternative vehicles
AgForce supports its members using effective safety management systems within their farming operations and undertaking active risk assessments of hazards, including when using quad bikes and SSVs. We actively encourage our members to understand their responsibilities, obtain appropriate training and understand the significant penalties that may apply when responsibilities are not met.
Training has been consistently linked to improved safety outcomes and for this reason, mandatory competency-based licensing and training has been supported by ATV manufacturers and recommended for adoption in Queensland by Deputy Coroner Lock in the 2015 inquest. AgForce supports a mandatory competency-based licensing and training system to improve safety outcomes for producers. AgForce also supports rebate initiatives that promote changes in producer behaviour. Such a scheme could improve safety and lower costs for producers.
From this policy positioning, AgForce strongly encourages voluntary adoption of the identified practices and manufacturers’ recommendations forquad bike and SSV use but does nots have a formal position of supporting regulatory approaches to mandating the identified practices for on-farm workplaces.
Specific Questions Proposed in the Discussion Paper Helmets
1. Do you support the proposal to mandate the use of helmets compliant with UNECE 22.05 and AS/NZS 1698–2006 standards? Are there any other standards that should be considered?
AgForce supports the use of helmets of a standard that maximises safety outcomes for users and considers the practical requirements of use on farms across the range of Queensland’s environmental conditions, including heat. We do not have a position of supporting mandating their use for on-farm workplaces.
2. Do you anticipate any barriers to complying?
AgForce supports competency-based, best practice safety procedures applied on farm and adopts a position on quad-bike safety that encourages producers to actively assess risks. Farmers should make their own risk assessments in relation to helmet use for quad bikes. There may be some individual resistance to a mandated regulatory approach and compliance enforcement.
4. Any other comments relevant to this proposal?
AgForce supports the Queensland government providing financial incentives towards the purchase of helmets in the form of rebates, and this could include hardship eligibility provisions where use becomes regulated.
Operators and passenger safety—age and design restrictions for vehicles
5. Are there any unintended impacts anticipated from the proposed age and design restrictions (setting a minimum age for quad bike operators/passengers; and, for SSVs, a minimum operator age, minimum passenger age/height requirements, and seat belt requirements)?
It has been noted that, in addition to younger passengers, some adults of diminutive stature may be challenged by a mandatory requirement to be able to place their feet placed flat on the floor while seated and to hold the vehicle’s handrail while seated and wear a seatbelt as a combination of regulatory requirements. AgForce encourages the use of seatbelts when using SSVs.
6. Do you anticipate any barriers to compliance with the proposed regulations?
AgForce supports voluntary adoption of the 5 ‘Ride Ready’ messages which includes no children under 16 on adult-sized quad bikes and not having passengers on quad bikes or overloading them. There may be some individual resistance to a mandated regulatory approach and compliance enforcement.
7. Are there any other comments relevant to this proposal?
AgForce supports the Queensland government providing financial incentives towards the purchase of SSVs or alternate vehicles and safety equipment such as OPDs/CPDs in the form of rebates, and this could include hardship eligibility provisions where use becomes regulated.
Training
11. What are your views on the AHCMOM217 and AHCMOM216 courses? What types of workers would benefit from these courses? 13. Do you anticipate any barriers to compliance with mandated training? If so, what are they? How could these barriers be overcome?
AgForce supports a mandatory licensing and training system for the users of quad bikes and SSVs. AgForce does not have a formal view on these courses. They appear to operate from a few hours to a couple of days and cost in he order of several hundred dollars. The more time intensive or expensive courses may represent a barrier to adoption for some primary producers.
14. Are there any other comments relevant to this proposal?
No
Yours faithfully
Michael Guerin
Chief Executive Officer