Quad bike videos you can’t afford to miss

A fantastic new library of videos, tools and guides have just been released by WorkSafe Vic and I reckon they’re really worth a good look for everyone on farm.

Quad bikes are part of everyday life on most dairy farms but it’s a big mistake to take them for granted.

Some say it’s only operator error that gets people killed on quads. But everyone’s capable of being human.

Wayne and I pride ourselves on being safety conscious but over time, have almost squashed or necked ourselves just making simple mistakes.
QuadTipped

Fast, powerful and agile, quads are incredibly practical machines that can kill precisely because they are fast, powerful and agile. We were lucky not to be hurt but, sometimes, luck just isn’t enough.

QuadLights

WorkCover for dairy farmers: reality vs myth

Dairy farmers get injured. A lot. But how many of us think about workers compensation until there’s a serious incident?

I invited the author of “WorkCover that Works”, Mark Stipic, to bust some of the myths for dairy farmers. I highly recommend the book, which is packed with practical information yet easy to read, even after a long day in the paddock!

Thanks very much, Mark!

red myth circle

Recently, I had a conversation with Milk Maid Marian thanks to an introduction by our mutual colleague Kevin Jones from SafetyAtWorkBlog.

We discussed WorkCover in the context of the dairy industry. The more we talked, Marian discovered there could be many dairy farmers out there sharing some misconceptions about how WorkCover works.

Dairy farming is what I’d call a pretty high-risk industry. In Victoria the WorkCover Industry Rate for ‘Dairy Cattle Farming’ is 4.546% in 2018/19. This means many dairy farmers are paying more than 4.5% on top of their labour costs in WorkCover insurance alone. The average premium rate across all employers in the state is 1.272% so by comparison, you guys pay quite a lot.

Here are 5 common myths (and 5 harsh realities) about WorkCover in Victoria.

Myth 1: WorkCover is just another type of commercial insurance

The reality: WorkCover is more like taxation than insurance

First let’s compare WorkCover insurance to car insurance. When insuring your motor vehicle, you can browse the market, negotiate rates and compare the benefits of different policies. You can usually change insurers as often as you like. Once you have a reasonable claims history, you can request a lower rate or threaten to switch providers.

However, when it comes to WorkCover, each year the Victorian Government releases industry rates that are used to determine how much you’ll pay. Legislation determines your level of coverage. You cannot negotiate a better deal, not even through an insurance broker. Restrictions are in place that affect how often you can move your policy to another provider.

The WorkCover scheme is heavily regulated and WorkSafe Victoria has the authority to audit your business at any time. They even share information with the Australian Taxation Office and State Revenue Office to target employers who aren’t paying their fair share of WorkCover premiums. That’s all very different to other forms of insurance.

Myth 2: There are 5 WorkCover insurers in Victoria

The reality: There is only one insurer – WorkSafe

WorkSafe Victoria is the trading name of the Victorian WorkCover Authority. This is the state government agency responsible for OHS matters, employers’ WorkCover premiums, and claims for compensation by injured workers.

WorkSafe has appointed five agents to administer premium- and claims-related matters on their behalf. These are Allianz, CGU, Employers Mutual Limited (EML), Gallagher Bassett (GB) and Xchanging. These companies are often referred to as ‘the insurer’. But don’t be mistaken, they are not insurers. They are agents of WorkSafe.

When you pay your annual WorkCover premium, the money goes to the WorkSafe scheme, not to your WorkSafe agent. Even though the notices will display a logo from one of the five companies listed above, the agent is merely the administrator of the premium collection process. So be aware that, for WorkCover purposes, you are not dealing with an insurer per se, but with the third-party administrators of a state government agency.

Myth 3: I don’t need WorkCover insurance because I’m the only person working in my business

The reality: You don’t get to decide whether or not to take out a WorkCover insurance policy – either you’re required to have it, or you’re not eligible for cover

As I stated above, WorkCover is much like taxation. And you don’t get to decide whether or not to pay taxes – if you meet certain criteria, you must pay. Well, the same goes for WorkCover.

With regard WorkCover insurance, if WorkSafe finds out that you were uninsured for a period of time, they may audit you and sting you with back-payments and penalties.

So, if you’re the only person working in your business, how do you work out if you should have a policy or not?

Generally, if you are a sole trader or a partner in the business and have no other employees then you cannot take out a WorkCover insurance policy. This means you don’t have to pay, but it also means you aren’t covered in the event of an injury.

However, if you have a Pty Ltd company, you could be an employee of the company (even if you are the only employee and the business owner). In this case it is likely that your company should have a WorkCover policy. Regular payments made to you would need to be declared to WorkSafe and used in your premium calculation.

The best thing to do is contact one of the five WorkSafe agents and explain your business structure, including how you pay yourself. They will guide you through the policy registration process if appropriate or confirm you are ineligible for coverage.

Myth 4: WorkCover insurance will protect my business from the costs of an injury claim

The reality: Some employers will experience premium increases that significantly outweigh the actual amounts paid on the claim

If your business pays over $200,000 rateable remuneration (which is basically WorkSafe’s term for ‘labour costs’) then the costs paid on your WorkCover claims will be used in calculating your premium. If you have higher claims costs than the average for your industry, you can expect to payer higher than the average rate applied to your sector.

Having worked with hundreds of employers in many different industries I have observed that the system doesn’t treat every business fairly. Generally, small businesses in low risk industries (eg. A local real estate agency) will be well protected from the costs of a claim. For example, if an injured worker received $10,000 in WorkCover payments, the employer’s premium might go up a total of $1000 over the life of the claim.

But medium-to-large employers, especially those in higher risk industries, often experience premium increases that outweigh the actual costs paid on a claim. $10,000 paid to an injured worker could result in $40,000 additional premium over the life of the claim.

It’s difficult for me to explain the nuances of this risk in this relatively brief blog post. In the dairy industry I’ve found the tipping point is that if you pay more than $400,000 labour costs, you face a risk that a single WorkCover claim could lead to significant additional premiums to be paid. And that can decimate your bottom-line profits. You would be well advised to grab a copy of my book and pay close attention to the section on ‘sizing factor’ where I further unpack this topic.

Myth 5: I don’t need WorkCover for contractors

The reality: Some contractors are considered ‘deemed workers’ by WorkSafe. They attract additional premiums for your business, plus they could be eligible to lodge a claim against you

Generally, payments to employees are used to calculate how much WorkCover premium you’ll pay and payments to contractors don’t need to be declared.

While a person might be a genuine contractor for all intents and purposes regarding taxation and benefits, if they earn 80% or more of their income from a single source, they may be considered by WorkSafe to be a deemed worker. And payments to deemed workers are included in rateable remuneration (meaning they count towards your WorkCover premium).

There are many contractors out there who only provide contracting services to just one business. It is likely that the hiring business would be required to declare payments to this contractor as a deemed worker. If you engage contractors, you should brush up on WorkSafe’s guideline around contractors and workers.

Furthermore, WorkSafe has specific guidance around when a sharefarmer would be considered a worker or contractor. I understand this is a common working relationship in the dairy industry and you can read WorkSafe’s position on the topic here.

My advice to you

The dairy industry is an incredibly important part of the Australian economy and it’s my privilege to have been invited to share some helpful advice. Here are my top tips for dairy farmers:

  1. If you’ve made an error on your WorkCover policy – or perhaps you forgot to set one up when you went into business – sort it out sooner rather than later. The longer you leave it the bigger the problem could become. Plus, WorkSafe is generally more lenient when you self-disclose an error as opposed to when they discover it following an audit.
  2. Get to understand your WorkCover risk now and start taking steps to prevent injuries. Often it is cheaper, less time-consuming and more rewarding to proactively invest in injury-prevention strategies now than to deal with the fallout of a single claim.
  3. Don’t be afraid to seek independent advice. Most employers rely solely on their WorkSafe agent regarding claims strategies. But remember, they are an agent of WorkSafe. They must also provide advice to your injured worker and they may be working towards targets that don’t benefit the goals of your business.

About the author

Mark Stipic is #TheWorkCoverGuy and managing director of Mark Stipic Consulting. He is the author of WorkCover that Works, the only book of its kind written specifically to help employers reduce their injuries, claims and WorkCover premiums.

When you’re ready, here are two ways Mark can help you and your business take control of your WorkCover situation:

  1. Get a copy of his book WorkCover that Works. It will show you how to reduce your injuries, claims and WorkCover premiums.
  2. Request a free, no obligation 30-minute strategy call. Mark will help you address your most pressing challenges and connect you with potential solutions if appropriate.

WorkSafe Vic to get tough on quad bikes

It sounded like a threat from WorkSafe.

“I think you’ll see us getting quite radical in the new year….  So prosecuting farmers has not been an area that we’ve particularly been in but we think we may need to be in that space.”
– Marnie Williams,
Executive Director, Health and Safety at WorkSafe – Victoria

That was the response to questions from Kevin Jones, the author of Australia’s top independent OHS blog, Safety At Work, about how the regulator would attack Victoria’s stubbornly high number of quadbike-related deaths.

Ms Williams also told Safety At Work that WorkSafe plans to send inspectors to 25 per cent more farms next year. One in 10 can now expect a knock at the door.

So, what exactly does WorkSafe have in mind for Victorian dairy farms? Milk Maid Marian invited Marnie Williams to write a guest post and I am very grateful for her explanation. Thank you, Marnie.

Why WorkSafe is getting tougher on quadbike safety – and how you can help

Marnie

Marnie Williams, executive director of Health and Safety at WorkSafe Victoria

Bad news arrives by text message at WorkSafe.

Usually, the fact that the phone of everyone around me beeps simultaneously provides a few seconds of warning, but this never quite prepares me for the details on the screen.

Inevitably the message is a Code Yellow, notification to senior WorkSafe staff that someone has been seriously injured, or worse, killed, at a workplace in Victoria.

As WorkSafe’s inspectors and investigators swing into action, my mind goes to the scene and to the thought of families being given the heartbreaking news that something has happened to someone they love.

Sadly – and all too often – these families are on farms, perhaps just a few hundred metres from where the incident has occurred.

And frustratingly for everyone at WorkSafe, too many Code Yellows contain the words “quad bike”.

Make no mistake, quad bikes are the most dangerous piece of machinery on Australian farms.  SafeWork Australia data shows that 115 people have died as a result of quad bike incidents in Australia since 2011, 24 of these in Victoria alone.  Even more tragically, some were young children.  Not all of these people were using a quad bike for work at the time of their incident, but we know from our own research that many of the circumstances remain stubbornly the same.

Helmets not worn, operator protection devices (OPDs) not installed, quad bikes poorly maintained, being used to perform tasks they weren’t designed for or travelling over ground they were not built for.  Operators not trained to ride them and children, physically incapable of handling such machines safely, allowed to ride them.

Despite the media focus, the academic studies, the recommendations of numerous coronial inquests and the pleas from medical professionals who see the trauma caused by quad bike accidents first-hand, the deaths have kept coming.

The reluctance of quad bike owners to fit OPDs, take up training and wear helmets has been of particular frustration to WorkSafe.  Considering that more than half of the quad bike deaths recorded by Safe Work Australia involved a rollover incident, and that quad bikes often weigh 300-350kg, it confounds us.

That is why, early last year WorkSafe decided that enough was enough.  It decided to put OPDs on the list of risk control measures formally recognised for quad bikes (helmets were already there).  This means that if a quad bike is being used in a workplace – and there is a risk of rollover – the employer must consider fitting the bike with an OPD to eliminate or reduce the risk so far is reasonably practicable.

Since that time we have been working hard to educate the farm community about the safety benefits of an OPD.  Together with the State Government, we have implemented a $6 million rebate scheme – administered by the VFF – to help farmers pay to fit OPDs on existing quad bikes, or to help pay for the purchase of safer side-by-side vehicles.

We have also been driving home the message to Victorian farm owners that enforcement activity will soon begin.

This means that when WorkSafe inspectors see a quad bike that is at risk of rolling over due to the task it is performing or the terrain it is being operated on, they won’t be waiting for an incident to occur. An improvement notice will be issued on the spot, requiring the employer to fit an OPD or remove the bike from the risky environment.

IMG_8016

Ignoring a WorkSafe improvement notice may lead to charges for breaching the Occupational Health and Safety Act. In cases where a quad bike without an OPD has rolled over and caused death or injury, the owner can expect to be prosecuted through the courts.

These are not measures WorkSafe takes lightly, but the number of quad bike deaths and serious injuries demands action.

However, WorkSafe’s new approach on OPDs doesn’t mean that other quad bike safety measures can be ignored.

Employers need to make sure that anyone operating a quad bike wears a helmet and is properly trained to ride.

The bike needs to be maintained according to the manufacturer’s instructions and only used for the purpose for which it was designed.

Passengers are a no go – this can upset the balance of the bike – and children under the age of 16 should never operate an adult-size quad bike.

So if you see your neighbour riding across a steep hill on a quad bike that has no OPD, or riding down to get the cows in thongs, a tank top and no helmet, or letting their 10-year-old who can barely reach the brakes ride the bike down the paddock, call it out.

Ask them why they haven’t taken up the rebate for OPDs, or whether they have heard the stories about kids who have been crushed under a quad bike, or suffered a serious injury after it has rolled.

That one moment of awkward conversation for you may mean one less heartbreak for someone you know, and one less Code Yellow for us to dread.

# Marnie Williams is the executive director of Health Safety at WorkSafe Victoria
WorkSafe-Caldermeade-29062017-1615

NOTE: This post was edited on October 26 at the request of WorkSafe Victoria. A paragraph which initially read: “This means that if a quad bike is being used in a workplace – and there is a risk of rollover – the employer must fit the bike with an OPD” has been updated with: “This means that if a quad bike is being used in a workplace – and there is a risk of rollover – the employer must consider fitting the bike with an OPD to eliminate or reduce the risk so far is reasonably practicable.”

Why wear tall rubber boots on a 35 degree day?

cowinboots

This very stylish cow is modelling Milk Maid fashions for the day. The hat, sunnies, first aid kit stashed in the Bobcat glovebox and sunscreen don’t need any explanation but the boots might.

I might be a bit of a chicken but reckon I’ve had about a dozen “near death experiences” with snakes. Never been bitten, never want to. Hence, the horribly hot but impenetrable footwear. Maybe it’s time to invest in some gaiters!

deadbabysnake

Dead baby snake found where the school bus stops

Milking in a snake pit

In the midst of a wild storm that pelted the farm with hailstones the size of Maltesers, Wayne texted me a photo from the dairy. That was unusual. I only ever get texts from the dairy when there’s been a disaster.

The first of 14 rows

The first of 14 rows

It all looked okay on my phone’s tiny screen, so I literally shrugged my shoulders, put it down to a fit of boyish exuberance over the hail and turned my attention back to making dinner and the four-year-old yanking at my shirt.

It all became clearer when Wayne arrived home at half past eight.

W: Did you get my text?
M: Yeah, what a hail storm!

W: (Rolling of eyes) So, you didn’t look at it.
M: Yeah, we saw the hail up here too, the kids wanted to go out there and eat it!

W: (zooming into a section of the picture on his phone) Have a closer look…
M: Oh.

CopperheadMovingCloseLoRes

M: When did that happen?
W: (Look of pride) First row.

M: First row?! What did you do?
W: I had my face close to a cow, putting on the cups, when I felt something fall on the top of my boot. I just kicked it off without really thinking about it, expecting it to be a piece of rubber or something that had come loose. But when it didn’t feel stiff enough, I looked down and saw it f*@#&ing wriggle away.

For a minute, I just stood there frozen, then grabbed a bit of poly pipe and tried to whack it but the pipe got snagged in the gear above the pit. I hosed it up the other end of the pit and let it eat frogs. Every time it came too close, I hosed it again.

M: But how did you get rid of it?
W: I didn’t. It’ll probably find its own way out or Clarkie’ll find it in the morning. I’ve written a note on the whiteboard.

While Wayne was brought up in the city, Clarkie is a genuine bushman. I’ve seen him pick up a huntsman spider like it was a hamster and the man really can command a lasso and crack a stockwhip off the back of a horse. Wayne’s theory was Clarkie’d think nothing of milking cows in a snake pit.

M: (Incredulous) And what if he doesn’t read the whiteboard? And what if the thing winds itself around the stainless steel and gets him in the goolies? And what if he can’t see it at 6am and spends the whole milking semi-petrified wondering where it is? Clarkie’s good but, come on, Wayne!
W: Well, I’ll ring him now and let him know.

Obviously, Wayne and I have different OHS management styles.

While Wayne was phoning Clarkie (who apparently just laughed, whether that was hysterically or not, I can’t say), I was phoning a snake catcher.

About an hour and 20 minutes’ drive away, Jeff from VenomWise was the closest snake catcher I could find. The man was amazing. I told him I thought we had a copperhead in the dairy and that it had to be gone before 6am. It was already 9pm and all he said was: “I’ll leave right now but could you do me a favour and have someone keep an eye on him so I know where to find him?”

Since my mother was here for a rare one-night’s visit, Wayne insisted he would go on snake duty. So, taking a packet of cheezels, he pulled up a seat in the silent, empty milking platform to watch over his reptilian dairy hand.

This was the next text:

CopperheadCoilLoRes

I made a morale-boosting call.

M: Is he good company?
W: (Animated) Did you see where he is? I couldn’t see him when I came in, so I went down into the pit to have a look and thought he’d gone until I came back up to the steps. I’ve just walked over the bloody thing!
M: (Belly laugh) Just stay on the platform, eat your Cheezels and stay away from the fridge, for God’s sake!

This text came through a few minutes later:

CreepyJointSpiderLoRes

Another morale-boosting call was in order:

M: You’re getting freaked out by a huntsman?
W: I leant over the steps to have a closer look at the snake and as I held onto the banister, this bloody thing ran over my hand.
W: (Said with passion) This is a f*@$ing creepy joint!

Wayne’s lonely vigil finally came to a close at 10.30pm when, true to his word, Jeff from VenomWise arrived. Jeff suspected the metre-long snake probably fell from the rafters when the hail hit.

Wayne may not be a bushman but I’m proud of a man who milks for three hours in a snake pit and then misses dinner to sit with it for another hour and a half to make sure his mate’s safe in the morning.

Charged by a cow

It all happened in slow motion. I was walking across the paddock to offer our vet, Sarah, a light steel pigtail post for protection when the cow we were so desperately trying to save squared up to me, lowered her head and charged.

I managed to strafe her face once with the spring steel rod but it did nothing to deter her.  Collecting me under the chin with her neck, she effortlessly threw her pathetic matador into the air. Luckily, I was not trampled; as my head hit the ground I saw her white belly soar through the sky as she cantered off towards the distant corner of the paddock.

I stood up, sobbing, laughing and shaking. My jaw sat unnervingly askew and my head was already sore but I was still alive and walking.

After three x-rays and a CAT scan, I’m home again, neck in a brace and feeling chastened for the anxiety I caused my ashen-faced children, who witnessed the whole thing. So, what went wrong?

The cow was a terrified first-time calver (“heifer”) in big trouble. She’d been down for a couple of hours with a rotten calf inside and sprang up miraculously the moment Sarah arrived.

1. My instincts were right that she was cranky but I didn’t know her and should have been triply careful.

2. I got off the Bobcat and walked to the vet. Why oh why didn’t I drive to the vet?

3. The vet was on the ground instead of in the Bobcat. I’d already called for extra help on wheels and if we’d waited another five minutes, this would never have happened. A vet’s time is valuable but not more valuable than life itself.

In other words, I was in a rush and took unnecessary risks in the name of getting the job done even though I pride myself on being very safety-conscious. The latest WorkSafe statistics prove dairy farming is agriculture’s most dangerous job: please learn from my mistakes and take care out there.

 

 

How we nearly lost “Papa” this Father’s Day

Today started well with freshly-baked ginger biscuits and special gifts wrapped with far too much sticky tape but almost ended with tragedy.

Wayne was guiding a calf out from among the herd towards the shed when time stopped, or at least slowed. As the blow under his left arm pit hurled him two metres across the cow yard, he had time to think “I’ll pull my head down, I’m going to hit the fence” and then, “oh no, this is it, my hips are exploding”. Then, bang, onto the concrete.

With the footy blaring from the dairy radio, Wayne lay very still right where he’d landed for a long, long time – five minutes, he thinks – and wondered what to do next. There was pain in his ribs, neck, back and hips. A tiny bit of blood in his mouth but, yes, his teeth were all okay.

In the end, the only thing to do was try to get up and, thankfully, he did.

Wayne had no warning of the collision and we’ll never know for sure what happened down at the dairy this Father’s Day. Doped up on painkillers, swathed in Deep Heat and wrapped up in blankets, but he’s alive.

OHS inductions for the city cousins?

“City cousin season” is fast approaching for many farmers. It’s a time we look forward to here but we do have to be extra careful. With new safety laws emphasising the need to include volunteers and visitors to the farm in safety systems, I asked Kevin Jones, OHS consultant, freelance writer and editor of the award-winning SafetyAtWorkBlog.com what it all means.

Kevin Jones

Kevin Jones

Some media has been reporting anger and outrage about the Government imposing new work health and safety duties on small business, volunteers, farmers and many others. There are new safety laws in many States but largely these reflect the moral and safety responsibilities that have always existed. If farms have been doing the right thing in the past, they are likely to be doing the right thing in the future.

OHS laws are always going to be seen as an imposition from the city when things were pretty good the way they were. Things may have seemed to be pretty good but plenty of families lost relatives in farm accidents, many lost limbs or struggle to cope with economic stress. There is plenty of statistical evidence to show that things in the country weren’t as good as many thought and the Government felt obliged to act. Perhaps the original work health and safety laws, developed in the cities in the 1980s, were not suited to the country or the application of these laws needed a different approach from that in the city. But the intention of these laws is always to reduce harm, injury, death and the related impacts on farming families.

These occupational health and safety (OHS) laws may also require paperwork but so does public liability insurance, Business Activity Statements, and a range of other paperwork all businesses are obliged to provide. Paperwork has always felt to be a major distraction to why we set up our businesses in the first place.

Over the last twenty years OHS laws have broadened from the physically-defined workplace to include the impact of work on others such as visitors, neighbours and customers. But the workplace has also changed to an extent where it is hard to know where a workplace starts and a workplace ends. Many in the city struggle with these laws but farming communities have always worked with an almost invisible delineation between a workplace and a home. Where others went outside for a smoke, farmers often went for a smoke and checked on the animals. Farmers are hardly ever not working, and this means that farms are almost always workplaces, so when visitors come to the farm for a weekend break, they are visiting a workplace and so OHS laws will apply.

This unreal demarcation is a major reason why the new laws focus on Work and not the workplace. Dealing primarily with the work activity focuses on the reduction of harm to the worker rather than making a workplace safe. Often the best, most tidy, most organised workplaces still had unsafe work being done.

Do the new laws mean that all visitors require a safety induction before entering the farm and to sign a document saying they understand the rules? Usually, no, but if they come to undertake farming activities (ie. work), maybe there should be an introduction to the farm – where to go, where not to go, what to touch, what not, what to drive, what to keep away from. Maybe the signs in the milking shed need to be written for visitors instead of in family shorthand. Maybe pits should be covered instead of assuming the pit will be in the same state next morning.

If WorkSafe is called to a farm, for whatever reason, showing the inspectors that you know about your OHS obligations and apply basic safety procedures to equipment, tractors, quad bikes, and industrial and agricultural chemicals is going to reassure them that you know what you’re on about and that you are active about managing the safety of your workers, visitors and family. Will you be found to be in compliance with the OHS laws? Probably not, but neither are most of the small businesses in the cities either.

OHS is often dismissed as only common sense. But OHS is almost always common sense, after an incident. Why didn’t we cover that pit? Why did I leave the keys in the quad bike? Why didn’t I chain up the dog when I knew kids were coming over? These and many other daily questions are all made safer through the common sense of covering or fencing the pit, hanging up the keys, chaining the dog. If safety is only common sense why then don’t we apply it?

The new Work Health and Safety laws are not yet active in all States and Safe Work Australia, or your local OHS regulators, are a good place to watch and see if and when these laws apply to specific circumstances and industries.