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Farmers 'can do' quad bike safety guidelines

Federated Farmers of New Zealand

Saturday 19 February 2011, 6:22AM

By Federated Farmers of New Zealand

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Federated Farmers is welcoming guidelines for the safe use of quad bikes released by the Department of Labour (DoL) today.

"Last year we started a coordinated quad bike safety programme and these guidelines reinforce what Federated Farmers has been telling our members in recent years," says Donald Aubrey, Federated Farmers Vice-President and Chair of the Agricultural Health and Safety Council.

“Federated Farmers has actively supported measures to boost awareness and education about the safe use of quad bikes also known as All Terrain Vehicles.

“In support of these new guidelines, Federated Farmers will continue to promote the adoption of technical warning and safety aids, such as tilt warning systems and GPS transponders. There’s much technology to assist operators in the safe use of quad bikes.

“Federated Farmers envisages talking to the manufacturers in greater detail about these.

“In the past ten years quad bikes have been involved in 17,000 injuries with recreational users were involved in over half of these accidents. Getting to recreational users is surely an important extension of a joined-up campaign.

“According to DoL there were 46 serious harm incidents involving quad bikes in 2010 plus five fatalities. The ACC averages over 400 work related and non work related claims each year involving quad bikes. Yet DoL says that there has been an average of 845-work related injuries each year involving quad bikes.

“What doesn’t help is a muddle of statistics because getting sensible policy making demands good statistics.

“The quad bike education campaign launched last November was a big step forward in this respect. It recognised that we need to address all quad bike accidents.

“Federated Farmers accepts that the guidelines may be used by the Courts under the Health and Safety in Employment (HSE) Act 1992. Prosecutions under the Act have led to improved safety and practices.

“Where we will be concerned is if DoL inspectors mount inspection visits using these guidelines as a basis for prosecuting employers.

“As DoL notes in the relationship to the HSE Act, “these guidelines are not law”. Any move to use it as such strays dangerously into the constitutional realm. It ceases to be a guideline but instead becomes de facto regulation.

“That circumvents due regulatory process and Parliamentary oversight. It becomes a matter of principle for us.

"Federated Farmers further believes that guidelines are only part of the solution, which must involve active education, training and technology," Mr Aubrey concluded.