Quad bike safety to go to trial
WORKSAFE has lost round one of its legal battle on defending its right to require all employers to fit rollover protection to quad bikes, where there is a risk.
Quadbike manufacturers, led by Honda Australia, lodged a statement of claim in February calling on the Supreme Court to rule WorkSafe had “no lawful authority to impose on all employers” the requirement to fit rollover or operator protection devices.
Last week, WorkSafe called on the Supreme Court to strike out the manufacturers’ claim.
But within minutes of the hearing starting, it became clear WorkSafe would have to accept the case going to trial on May 22.
In debating how the trial should proceed, Justice Cavanough said it should focus on WorkSafe’s legislative powers, not become a debate on the technical merits of OPDs.
“Provisionally ... I can’t see how the court could, in the framework of this proceeding, go into the merits of the debate as to whether it’s a good idea or not a good idea to have roll bars on quad bikes,” Justice Cavanough said.
While the manufacturers’ barrister, Peter Gray, agreed the case should focus on WorkSafe’s powers, he argued employers also had an obligation under the Occupational Health and Safety Act to take into account all relevant information.
Manufacturers have long argued that information includes US research that fitting an OPD “would cause as many injuries and fatalities as it would prevent”, where the rider is wearing a helmet.
Australian research is yet to deliver any conclusive evidence.