Queensland introduces workplace quad bike safety laws
11 Apr 2024•BlueSafe Team•Source: WorkSafe QLD
New Queensland laws governing workplace quad bike use have commenced, introducing age and passenger restrictions and mandatory helmets. The changes apply to work use, not private recreational riding, and do not change requirements for side-by-side vehicles.
The Work Health and Safety (Quad Bikes) Amendment Regulation 2024 sets new requirements for people operating or travelling as passengers on quad bikes at work. Quad bikes are widely used by farmers and primary producers because of their versatility, ease of use and low running costs, but incorrect use can carry significant risks.
Under the amendments, adult-sized quad bikes in workplaces may only be used by people aged 16 or older, or in accordance with the manufacturer’s age advice. Children can only ride age-appropriate quad bikes at work. Operators must not carry a passenger unless the bike is designed to carry one, and the passenger must meet the manufacturer’s age specifications or be at least 16.
Every rider must wear a helmet that is fitted and fastened. Consultation feedback favoured allowing flexibility in helmet choice to reflect the different industries, regions and conditions in which quad bikes operate. Outside locations where separate legislation requires an approved motorbike helmet, riders can choose a helmet appropriate to the circumstances of their quad bike use.
Existing helmet requirements continue to apply on roads and road-related areas, in state forests and timber reserves, in protected areas other than nature refuges or special wildlife reserves, and in recreation areas. In these locations, riders need approved motorbike helmets as defined under the Transport Operations (Road Use Management – Road Rules) Regulation 2009. The existing laws are administered by the Department of Transport and Main Roads and the Department of Environment, Science and Innovation.
Safe Work Australia data records 193 quad bike deaths across Australia between 2011 and 2023. Queensland accounted for 55 deaths, nearly 30 per cent of the national total, with at least 22 of those Queensland deaths work-related. Research also found that one in five quad bike incidents resulted in a head injury; in many of those cases, the person was not wearing a helmet.
The changes follow a Queensland coronial inquest into nine quad bike deaths between 2012 and 2014. Its recommendations included mandatory helmets, keeping children off adult quad bikes and restricting passengers to bikes designed to carry them. The Office of Industrial Relations subsequently released a discussion paper for public consultation, with feedback informing the amendments. Contributors included industry representatives, farmers, employers, safety search and rescue organisations, and legal, medical and health and safety experts.
Office of Industrial Relations Deputy Director General Peter McKay said the changes would make quad bike work safer and clarify who could use the vehicles and how. “A wide range of stakeholders contributed valuable feedback, including industry representatives, farmers, employers, safety search and rescue organisations, as well as legal, medical, and health and safety experts. Thanks to all who contributed to this work.”
Side-by-side vehicles are not affected by the amendments. Consultation identified quad bikes as having a significantly higher risk profile. Workplace use of side-by-side vehicles remains covered by the existing powered mobile plant provisions in sections 214 and 215 of the WHS Regulation. The Government will continue providing practical guidance through the Rural Plant Code of Practice 2004, which is under review, and monitoring incident data to inform future policy decisions on side-by-side vehicle safety.
How Blue Safe can help: Our free WHS self-check can help you review your business’s approach to workplace health and safety and identify areas for closer attention. Take the free WHS self-check