Nobody hates ‘”reasonably practicable” – we tolerate it

Do unions want employers to hold an absolute duty of care for work health and safety? Do unions hate the concept “as far as is reasonably practicable”? The last Australian jurisdiction to hold employers to an absolute duty of care was New South Wales. That position was eroded by the harmonisation process and NSW OHS …

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“reasonably practicable” reduces workers to a cash value

Legal interpretations dominate occupational health and safety (OHS). Understandably, if OHS is only determined by laws, but if the safety of workers is a moral imperative to you, the law is less significant. This latter perspective is rarely voiced, and one of the most important elements of OHS law is compliance “as far as is …

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Reasonably Practicable for the real world

The best public document on determining what is reasonably practicable under occupational health and safety (OHS) law remains this one from WorkSafe Victoria but, importantly, it is also unhelpful. The unhelpfulness is there in the title: “How WorkSafe applies the law in relation to Reasonably Practicable” What is needed more is a document about how …

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“So far as is reasonably practicable” is often used by scoundrels

On May 4, 2006, John Della Bosca advised the New South Wales Parliament: “The Government will clarify that the general duties and obligations under the Act apply so far as is reasonably practicable. Ensuring the health and safety of employees will mean eliminating risks to health and safety so far as is reasonably practicable. Where …

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What if “reasonably practicable” was applied to a disease outbreak?

There seems to be an increasing trend for the principles of occupational health and safety (OHS) to be applied to matters outside the workplace.  OHS principles were created to reflect the values of society in the 1970s and 80s and, although the laws have changed to reflect economic needs, the principles remain basically the same.  … Continue reading “What if “reasonably practicable” was applied to a disease outbreak?”

Reasonably Practicable is more a hindrance than a help

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 work out that the plant … Continue reading “Reasonably Practicable is more a hindrance than a help”

John Merritt and ‘reasonably practicable’

On 4 August 2009, John Merritt, Executive Director of WorkSafe Victoria, spoke at an OHS function hosted by the Australian Human Resources Institute in Melbourne.  John is a lively speaker whose passion for workplace safety is obvious. I had the opportunity to ask the following question “How is reasonably practicable NOT a ‘get-out-jail-free card’?” Many … Continue reading “John Merritt and ‘reasonably practicable’”