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

Victoria's New Psychosocial Regulations are Imminent

By admin • September 9, 2025
It has been a long time coming, and the promised released date for Victoria's new Occupational Health and Safety (OHS) Psychological Health Regulations is imminent. These regulations, which are anticipated to be released in October and to come into effect on 1 December 2025 , aim to address the growing recognition of psychosocial hazards in the workplace. What Are Psychosocial Hazards? Psychosocial hazards refer to workplace factors that can negatively impact an individual’s mental health and well-being. These include, but are not limited to: Workplace bullying High job demands or low job control Poor workplace relationships Exposure to traumatic events Discrimination or harassment Such hazards can lead to stress, anxiety, depression, and other mental health challenges, which not only affect individuals but also reduce workplace productivity and morale. They can also lead to catastrophic consequences for some individuals. Why are new Psychosocial Regulations being introduced? The Victorian government has responded to recommendations made by the Boland Review of WHS, the Royal Commission into Victoria’s Mental Health System and the Productivity Commission Inquiry into Mental Health. There is already a legal obligation under the existing Occupational Health and Safety Act 2004 (OHS Act): employers must provide and maintain a working environment for their employees, including contractors, that is safe and without risks to health, so far as reasonably practicable. In addition, in Section 5 of the OHS Act, health is defined as including psychological health. However, there is limited guidance in Victoria as to how this should be done. The new Regulations are intended to close this gap. The new regulations are designed to ensure that employers take proactive steps to identify, assess, and manage psychosocial risks. They will dictate how an employer must identify and control psychosocial risks in the same way that they manage physical hazards. This includes a risk management approach to these hazards and how to implement measures to prevent harm and create a supportive work environment. A Compliance Code will accompany the regulations, providing practical guidance for employers on how to meet their obligations. This will include strategies for risk assessment, consultation with employees, and implementing controls. How Can You Prepare? Review your safety structures in your workplace – do you have elected Health and Safety Representative, Designated Work Groups and Health and Safety Committees - and are they working well? Ensure your reporting and consultation processes are sufficient and working well. Remember that open communication is key and that you have a legal obligation to consult with your employees on any changes which may affect their health and safety in the workplace. Review your existing policies and procedures – are there policies around bullying, harassment and workload management? Make sure your general OHS knowledge base is strong. This might mean looking at your existing training . Are workers, HSR’s, supervisors, managers and the leadership team all up to speed on their rights and obligations under the OHS Act? BeSafe Victoria can help you with HSR training, refreshers and leaders OHS training. HSR Training Courses | BeSafe | Regional Victoria Take a look at Psychological health | WorkSafe Victoria and utilise the WorkWell toolkit at WorkWell Toolkit | WorkSafe Victoria Start to plan how you will implement a training schedule once the Regulations are released. Watch this space – BeSafe will be developing a course to bring you up to speed once we have the Regulations and Compliance Code. Reach out if you are interested in being notified once this is available: HSR Training and support | BeSafe | Regional Victoria As always, if you need any help, reach out to BeSafe on 0467 002 060 or admin@besafevictoria.com.au

New apprentice supervision requirements

By admin • September 1, 2025
New electrical apprentice supervision requirements come into effect in Victoria on September 1 st 2025. It is the role of employer to supervise their apprentices, and this is vital to ensuring their safety in all industries - including electrical apprentices. There have been 5 electrical apprentice deaths in the last 10 years in Victoria alone. It is hoped that the new changes will improve safety and make an impact to prevent electrocution fatalities. The new apprentice supervision requirements will bring Victoria alignment with other states, and the changes include supervision rations and the level of supervision required when an apprentice is undertaking certain tasks. It is now mandatory for the employer to provide any person who is in a supervisory role with a copy of the supervision requirements. These requirements apply to supervision standards only while doing electrical work. The usual OHS standards apply when the apprentice is undertaking other non-electrical work on-site – keeping in mind that the OHS Act does include requirements around supervision also. The new apprentice supervision requirements mandate direct 1:1 supervision when carrying out electrical work. This means 1 supervisor to 1 apprentice and with constant visual contact when carrying out high risk tasks. It is no longer good enough to supervise 2 apprentices at once, or to be ‘within earshot’. There is a grading system for how much supervision is required, which depends on the experience of the apprentice and the tasks being undertaken. For example, 1 st year apprentices must be under 1:1 supervision at all times but will move to reduced supervision as they gain experience throughout their apprenticeship. However, high risk tasks will always require direct 1:1 visual supervision. Work on or near any live or energised equipment must not be performed by any apprentice. However, a fourth-year apprentice may perform fault finding – but only under direct 1:1 supervision. There are very prescriptive requirements which are now in place and must be followed. These changed requirements are intended to ensure the safety of the electrical industry’s most vulnerable workers. For more information, have a look at the video below, or take a look at: Requirements for the effective supervision of apprentice electricians | Energy Safe Victoria