Safe Work Australia releases guidance note on "Reasonably Practicable"

Safe Work Australia has recently released its guidance note entitled "How to determine what is reasonably practicable to meet a health and safety duty" (the Note).

The Note provides guidance on the standard of workplace health and safety that a person conducting a business or undertaking (a PCBU) must meet under the model Work Health and Safety Act and regulations.

In particular, a PCBU is required to do what is 'reasonably practicable' to ensure workplace health and safety. The Note provides guidance to assist in determining what is reasonably practicable:

Step 1: Identify the circumstances, hazards and risks:

• Indenify what the circumstances are;
• Indenify the hazards arising from the work, environment; or things used to carry out the work;
• Review the risks associated with the hazards and how serious they are;
• Undertake consultation.

Step 2: Determine what can be done:

• Decide how risks can be eliminated or minimised;
• Identify what control measures are available and suitable.

Step 3: Determine what can be reasonably done:

• Consider the highest level of protection if the risk cannot be eliminated;
• Determine what is reasonable;
• Consider cost;
• Can someone else be relied upon to take the necessary action.

Step 4: Review risk controls:

• Regularly review measures implemented to ensure that they remain reasonably practicable.

It is important to remember when reviewing this material that different standards apply to different roles in the workplace. For example, officers must exercise 'due diligence' and workers are required to take 'reasonable care'.

If you would like a copy of the Note, please click [here]. 

If you would like more information about workplace health and safety, please contact National Workplace Lawyers on +61 2 9233 3989. 

National Workplace Lawyers

Note — this is for information purposes only and does not purport to be comprehensive or to render legal advice.