Reasonably practicable control measures are most often determined by the courts during a prosecution. Every other determination of reasonably practicable in occupational health and safety (OHS) compliance is an educated guess by employers. However, this does not always have to be the case, as a short excerpt from the Annual Report of New Zealand’s Ombudsman illustrates.
Pages 52 and 53 summarise a complaint made to the Chief Ombudsman questioning WorkSafeNZ’s handling of an investigation into a:
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A developing sticking point in the review of Australia’s OHS laws is the inclusion or otherwise of “reasonably practicable”. This is an important legal concept but less so for safety management. Safety management is an aim and legislative responsibility and compliance is ill-defined. “Reasonably practicable” was an acknowledgement of the…
Possible future OHS conversation between Person Conducting Business or Undertaking (PCBU) and an OHS Inspector or OHS professional looking at a piece of plant: PCBU: “Look at this machine, it now complies with the work health and safety laws, as far as is reasonably practicable.” OHS: “Terrific. How did you…
WorkSafe Victoria recently released a guideline, or clarification, on what it considers to be the issues surrounding "employing or engaging suitably qualified persons to provide health and safety advice". SafetyAtWorkBlog remains to be convinced that such a process will lead to better safety outcomes in the small to medium-sized enterprises…
