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 …
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 …
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 …
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 …
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 …
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?”
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”
