Larneuk Stud Pty Ltd had applied to VCAT to have three improvement notices overturned after they were issued at a horse stud near Euroa in 2018.
The notices required the employer to eliminate the risk of a quad bike overturning as far as reasonably practicable.
If this was not reasonably practicable, the employer was required to reduce the risk of a quad bike overturning so far as reasonably practicable.
The notices indicated that the employer could achieve compliance by measures including, but not limited to:
- Retrofitting an appropriate operator protective device to the quad bikes, or
- Using alternative vehicles that were appropriately fitted with rollover protection, such as side-by-side vehicles or utility vehicles.
The employer withdrew the application on day four of the VCAT hearing on June 14, after the Tribunal had heard evidence from three WorkSafe witnesses, including an independent expert engineer.
The withdrawal means that WorkSafe's improvement notices are maintained.
After the hearing, WorkSafe Director of Enforcement Paul Fowler said employers needed to do everything they could to prevent workers from being injured if there was a risk of a quad bike rolling over.
"Safety regulations for quad bikes require employers to do everything reasonably practicable to control the risk of workers being injured," Mr Fowler said.
"This includes general safety measures, such as ensuring helmets are worn, quad bikes are properly maintained, and riders are adequately trained, and also considering other measures that specifically reduce the risk of injury should a quad bike roll over.
"WorkSafe accepts that fitting appropriate operator protective devices to quad bikes, or using alternative vehicles to quad bikes, can be reasonably practicable steps for employers to adopt."
WorkSafe began enforcement activity in March 2018 to ensure employers were controlling the risk of quad bike rollovers. It has since issued more than 340 compliance notices.
A rebate scheme to assist farmers fit operator protective devices, or switch to more terrain-appropriate vehicles, remains available. For details, go to worksafe.vic.gov.au or contact the Victorian Farmers Federation.
An assessment tool to help employers assess the safety risks to workers using quad bikes is available at http://quadbikes.wsvdigital.com/
Farmer dies after being struck by trailerNews
08 May 2018
Man dies in farm truck rollover near WarragulNews
29 Mar 2018
Campaign to prevent quad bike rollover deaths enters new terrainNews
16 Mar 2018
Farmers, older workers dominate workplace death tollNews
11 Jan 2018
Man trampled to death at Georges CreekNews
04 Jan 2018
Man crushed by bull at DunkeldNews
15 Dec 2017
Farmers warned to take care before heavy rains hitNews
30 Nov 2017
Farm contractor dies after falling from motorbikeNews
20 Oct 2017
Poultry contractor fined $1.13m over forklift tragedyNews
11 Sep 2017
Inspectors team up to take safety message to Robinvale farmsNews
07 Aug 2017
Farmers urged to put safety first as fatalities soarNews
11 Jul 2017
Two workers die in country Victoria in less than 24 hoursNews
21 Jun 2017
Vegie business hit with $107,933 fine over safety breachesNews
08 Jun 2017
Supreme Court quad bike proceeding dismissedNews
23 May 2017
Country Victorians asked to prioritise safetyNews
13 Apr 2017
Awards have 25,861 reasons to promote safetyNews
10 Apr 2017
Farmer crushed in tip truck incidentNews
31 Mar 2017
Third tractor incident in a week claims another lifeNews
24 Mar 2017
Truck driver and farmer die in separate incidentsNews
17 Mar 2017
Two dead and one injured in horror weekendNews
20 Feb 2017