What is ‘reasonable practicability’, and are you getting the right advice?

Last week WorkSafe posted a media release detailing charges against a caravan park, after a camper’s death. The man was crushed by a tree branch. The Facebook comments that followed the post were what really took my interest!

First of all, there seems to be a general lack of understanding about whom is owed a duty under the Act. It’s not just workers. Section 23 outlines that an Employer must ensure that persons other than employees of the employer, are not exposed to risks to their health and safety arising from the conduct or undertaking of the employer. Examples of this include (but are not limited to) guests in a caravan park, students at a school, visitors to your workplace, or members of the general public.

Furthermore, Section 26 outlines that a person (whether an owner or otherwise) with management and control of a workplace, must ensure that the workplace, and the means of entry and exit are safe, so far as is reasonably practicable.

So yes… the camper was owed a duty.

Secondly, the Act does not expect Employers to control the risks associated with so called ‘acts of god.’ They are however expected to identify, assess and control the risks so far as is reasonably practicable. This means, employers and those with management and control of a workplace must educate themselves about the hazards and risks, and ought to know about ways of eliminating or reducing the hazards and risks. Ignorance is not a suitable defence!

In the case subject to the media release, the duty holder failed to take reasonable measures to reduce the risk of a tree branch falling.

If you would like some support identifying what is reasonably practicable in your workplace, we can assist to identify what you ought to know relative to the hazards and risks faced within your industry.

The lack of general awareness about duties and reasonable practicability highlight the need for all businesses to engage with a suitably qualified safety professional to seek the right advice!

We recommend using someone who is a Certified OHS Professional through the Australian Institute of Health and Safety (AIHS).