Reasonably Practicable?

admin • March 25, 2025

The Victorian Occupational Health and Safety Act 2004 requires that the employer has a duty to ensure a healthy and safe workplace. This duty must be met as far as reasonably practicable.


But what does this actually mean?


The following must be considered when determining what is reasonably practicable: (according to section 20(2) of The Act):

(a)  The likelihood the hazard or risk concerned eventuating;

(b)  The degree of harm that would result if the hazard eventuated;

(c)  What the person concerned knows, or ought to reasonably know, about the hazard or risk;

(d)  The availability and suitability of ways to eliminate or reduce the hazard or risk;

(e)  The cost of eliminating or reducing the hazard or risk.


This is often an area of confusion – primarily because the test for what is ‘reasonably practicable’ is in fact objective. When we consider this, it is best to look to WorkSafe for guidance.


WorkSafe Victoria provides some clarification in their Position Statement on the matter:

‘a person is to be judged by the standard of behaviour expected of a reasonable person in the duty-holder’s position who is required to comply with the same duty and is:

• Committed to providing the highest level of protection for people against risks to their health and safety.

• Proactive in taking measures to protect the health and safety of people.’

-         WorkSafe position statement - reasonably practicable

 

There must be a weighing up of each of the 5 points listed under section 20(2) of The Act (above), but with a clear presumption in favour of safety. This means that the likelihood of harm occurring, and the seriousness of the potential outcome, must be the most important factor. The cost must be considered to be the least important factor when deciding what is reasonably practicable.


‘If the degree of harm is significant, e.g. death or serious injury is highly likely, then it is extremely unlikely that the cost of eliminating or reducing the risk would ever be so disproportionate to the risk to justify a decision not to implement an available and suitable control measure.’

-          WorkSafe position statement - reasonably practicable

 

When considering what the person concerned should reasonably know about eliminating the hazard, the state of knowledge regarding hazards and controls must be considered and this must be applied in line with the ranking under the hierarchy of control.


The definition of what is ‘reasonably practicable’ is often one which causes some contention. It is important to go back to the WorkSafe position statement to make sure that you are making decisions in line with the intentions of The Act. Of course, it is always required that the highest level of protection from a hazard is provided in order to ensure a safe workplace.


To read more about this:

How WorkSafe applies the law in relation to Reasonably Practicable | WorkSafe Victoria

SWMS, HRCW & HSRs

By admin • April 29, 2025
HSRs should be involved when a SWMS is prepared for HRCW. Who doesn’t love an acronym? Let’s start with some definitions... SWMS stands for Safe Work Method Statement. This is a document which must be prepared before any HRCW commences. It sets out how the HRCW is going to be carried out at the workplace. It includes an outline of the hazards involved and what control measures are to be put in place to control the risks. HRCW stands for High Risk Construction Work. It is defined in Regulation 322 of the Occupational Health and Safety Regulations 2017 : In this Part, "high risk construction work" means any of the following construction work— (a) where there is a risk of a person falling more than 2 metres; (b) on telecommunications towers; (c) involving demolition; (d) involving the removal or likely disturbance of asbestos; (e) involving structural alterations that require temporary support to prevent collapse; (f) involving a confined space; (g) involving a trench or shaft if the excavated depth is more than 1·5 metres; (h) involving a tunnel; (i) involving the use of explosives; (j) on or near pressurised gas distribution mains or piping; (k) on or near chemical, fuel or refrigerant lines; (l) on or near energised electrical installations or services; (m) in an area that may have a contaminated or flammable atmosphere; (n) involving tilt-up or precast concrete; (o) on or adjacent to roadways or railways used by road or rail traffic; (p) at workplaces where there is any movement of powered mobile plant; (q) in an area where there are artificial extremes of temperature; (r) in, over or adjacent to water or other liquids where there is a risk of drowning; (s) involving diving. “Construction Work” means "any work performed in connection with the construction , alteration, conversion, fitting out, commissioning, renovation, refurbishment, decommissioning, or demolition of any building or structure , or any similar activity." So, what role can HSRs play when it comes to SWMS? Health and safety representatives play a key role in the safety of their workplaces, including in relation to SWMS: As with all Health and Safety matters, the HSRs can and should be involved if the work affects their designated work group (DWG). As part of their legislated duties, the employer must consult with the employees and their HSRs. The HSR can play and important role in reviewing the SWMS and raising any concerns from their DWG. If conditions change, or if risks are not adequately controlled, then a SWMS must be reviewed. HSR’s are well placed to detect when this is the case and therefore bring this to the attention of their employer. HSRs and their workmates in their DWG are the best people to help in designing and reviewing SWMS, as they are the ones actually doing the work. They will have hands-on knowledge of how the job is done, any relevant site-specific factors, what hazards and risks are present, how best to control them and know if conditions change on-site (eg: weather). HSRs may also be able to help ensure that their co-workers fully understand the SWMS and are ready to go and do their work safely.  After all, the purpose of the SWMS is to ensure that they are safe while they do their work! For further reading, there is some great material on this topic at: Safe Work Method Statements (SWMS) | WorkSafe Victoria

Working from home

By admin • April 21, 2025
Working from home has become very common. Sometimes we can be permanently working from home, temporarily or as part of a hybrid arrangement. Even though we are not physically in our usually workplace, our home has now become our workplace and so this means that OHS Laws still apply, and all the legislated duty holders still have the same duties under The Act. The employer still has duties, including to ensure a safe workplace, mitigate OHS risks and to consult with their employees. The employee has a duty to take reasonable care for their own safety and to co-operate with safety measure put in place by their employer. The risk management process should still take place, even though you are working in your home environment, and we must seek to identify hazards as a starting point. Common hazards which you may find when you assess your own home work environment could include: Poor lighting Noise Poor temperature control Electrical hazards Psychosocial hazards (eg: job demands, poor role clarity, lack of support, online abuse, bullying, etc) Fatigue Domestic violence Trip and slip hazards Poor ergonomics The individual worker is particularly important in the hazard identification and risk management process in the work from home context. This is because they are often the only person who will be aware of the risks associated with their individual home environment. For more information on this topic, take a look at: https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/working-home https://www.worksafe.vic.gov.au/officewise-working-home