Last week WorkSafe Victoria announced that it was prosecuting the Department of Health over breaches of its occupational health and safety (OHS) duties with the management of Victoria’s Hotel Quarantine program. There is very little information available beyond what is included in the WorkSafe media release until the filing hearing at the Magistrates’ Court on …
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 …
On 12 June 2010, SafetyAtWorkBlog noted the spokesperson for the National Farmers Federation, Duncan Fraser, supporting the voluntary fitting of roll protection devices to quadbikes in specific circumstances. On 20 June 2011, the New South Wales Farmers Federation’s Industrial Relations Committee Chair Graham Morphett has spoken in favour of “the mandatory fitting of roll bars” to quad bikes. This is an extraordinary blow … Continue reading “Farming federation calls for mandatory fitting of safety devices to quadbikes”
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”
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 at which this program is … Continue reading “The insidiousness of “reasonably practicable””
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 difficulty in complying with a …
Every time a sporting body is confronted with concussion data, someone inevitably asks whether the game can be played without the risk. In most industries, that question is the starting point for a “so far as is reasonably practicable” (SFAIRP) analysis. In sport, it’s treated as heresy. But if we apply the same occupational health …
