Safety matters with Dr Paul
What is Reasonably Practicable?
The Queensland Work Health and Safety Act 2011 places an obligation on a Person Conducting a Business or Undertaking (PCBU) to ensure the health and safety of workers, volunteers, visitors, the public, contractors and contractors’ workers so far as is reasonably practicable. The Act, and Regulations made under the Act, also sets out specific duties which a PCBU must comply with so far as is reasonably practicable.
A PCBUs understanding of what reasonably practicable means is important in meeting their legal obligations for health and safety. Reasonably practicable means what could reasonably be done at a particular time to ensure health and safety measures were in place. The legal definition of reasonably practicable has been established in law. In demonstrating that risk is reduced to a level that is reasonably practicable means that the duty-owner (i.e. PCBU) has to show, through reasoned and supported argument, that there are no other practical measures that could reasonably be taken to reduce risks further.
In determining what is reasonably practicable, there is a requirement in the Act for a PCBU to weigh up all relevant matters including:
• the likelihood of a hazard or risk occurring (i.e. the probability of a person being exposed to harm)
• the degree of harm that might result from the hazard or risk (i.e. the potential seriousness of injury or harm)
• what the person concerned knows, or ought to reasonably know about the hazard or risk and ways of eliminating or minimising it
• the availability of suitable ways to eliminate or minimise the hazard or risk, and
• after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.
Cost is not a key factor in determining what is reasonable unless it can be shown to be grossly disproportionate to the risk.
The process for a PCBU in determining what is reasonably practicable is consistent with a risk management approach. A reasonably foreseeable hazard should be assessed for the likelihood of an incident and the seriousness of the incident that may occur. The PCBU should not only use their own knowledge of the hazard and ways of eliminating or minimizing the hazard but should also consider the state of knowledge and alternative arrangements regarding the hazard and risks. PCBUs are also required to consult with their workers regarding the identification and methods of controlling hazards.
This article provides general information only and should not be a substitute for seeking professional advice regarding your specific situation. The references included provide additional supporting information.
