There is a Duty of Care But No Duty to Act

Australian work health and safety (WHS) law rests on the deceptively simple proposition that those who create or control risks must eliminate them, or reduce them so far as is reasonably practicable. It is a neat legal phrase that also hides much of the workplace reality.

Anyone who has spent time in workplaces knows how difficult it is. Most occupational health and safety (OHS) decisions are not reviewed by an inspector, challenged by a worker, or tested in court. They are made inside businesses, under commercial pressure, by people who may genuinely want to do the right thing but are also trying to meet production, budget and staffing demands. Too often, the employer’s view of what is “reasonable” becomes the working standard until something goes badly wrong.

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