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

Bushfire

By admin • January 27, 2026
Australia is a fire-prone country, and workplaces in many areas are at risk of being impacted by bushfires in some way. The effects of bushfires may include direct exposure to fire, as well as smoke exposure and psychological impacts. As with any workplace hazard, employers have a duty to manage and control the risk of injury. A bushfire risk assessment should therefore be undertaken. Through this process, employers should: Identify whether there is a potential bushfire hazard Assess the risk of bushfires affecting the health and safety of workers, including smoke exposure Identify appropriate control measures Review control measures to ensure they are effective and that no new hazards have been introduced Consultation with workers should occur at each stage of this process. When developing a bushfire risk assessment and policy, employers should consider the following: How will fire danger ratings be monitored throughout the bushfire season? How vulnerable is the workplace location? What actions will be taken on days of extreme or catastrophic fire danger? Are there workers who travel for work or spend significant time on the road? Are there workers who operate alone or in isolated locations? What emergency and evacuation plans are in place? Once a bushfire policy has been developed in consultation with workers, appropriate training must be provided. Employers are legally required to ensure workers receive the necessary information, instruction, and training to remain safe at work, including in relation to bushfire risks. For more information, take a look at: Working outside - Working near bushfires | Safe Work Australia

HSRs rights to training

By admin • January 19, 2026
Under the Victorian Occupational Health and Safety Act 2004 , Health and Safety Representatives (HSRs) are not required to be trained in order to exercise their powers. However, in order to fully understand their role and powers, training is highly beneficial and recommended by WorkSafe. Most HSRs will not understand how to make the most of their role as an HSR without participating in training – and therefore it is not until training has been completed that an HSR can maximise their positive impact upon the safety of their workplace. HSRs rights in relation to training are outlined under Section 67 of the OHS Act. They include: The right to attend initial training after being elected The right to attend a refresher course at least once a year The right to choose their course. This includes their course provider and course* The right for their course to be paid for by their employer, as well as associated costs with attending the course The right to be paid while attending the course *The course must be approved by WorkSafe and delivered by a WorkSafe approved provider, such as BeSafe. The HSR must consult with their employer and give 14 days notice. Section 69 of the OHS Act also discusses further the rights of HSR to training. This covers the right to attend additional training, when WorkSafe has approved them under Section 69 . HSRs have a right to attend these courses on top of the s67 courses. HSRs can be a very useful resource for employers in helping to create safe and healthy workplaces. It is in their best interest to encourage their HSRs to be trained. However, in the case where an employer does not allow the HSR to be trained as per the requirements under The Act, there are penalties which apply to this conduct, as it is a breach of the Legislation. For more information take a look at: Health and safety representative training | WorkSafe Victoria HSRs' Right to Training - OHS Reps Or get in contact with us for assistance: 0467002060 HSR Training and support | BeSafe | Regional Victoria You can book WorkSafe approved courses with us at HSR Training Courses | BeSafe | Regional Victoria