Minimising WHS Risks –What Does Reasonably Practicable Mean?

Weekly WHS Article 18th January 2022

The most important actions in managing WHS risks in your workplace involves eliminating risks so far as is reasonably practicable, or if that is not possible, minimising the risks so far as is reasonably practicable – see section 17 of the WHS Act.

How is ‘reasonably practicable’ defined?

Section 18 of the WHS Act tells us that:

reasonably practicable means that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters

In the Interpretive Guideline – The Meaning of Reasonably Practicable published by Safe Work Australia, Safe Work Australia says:

“This document provides guidance on the interpretation and application of the term ‘reasonably practicable’ in considering the standard of health and safety that a person conducting a business or undertaking (the duty-holder) is expected to meet under the Work Health and Safety (WHS) Act and Regulations.”

“There are two elements to what is ‘reasonably practicable’. A duty-holder must first consider what can be done - that is, what is possible in the circumstances for ensuring health and safety. They must then consider whether it is reasonable, in the circumstances to do all that is possible.

This means that what can be done should be done unless it is reasonable in the circumstances for the duty-holder to do something less.

This approach is consistent with the objects of the WHS Act which include the aim of ensuring that workers are provided with the highest level of protection that is reasonably practicable.”

“A way of eliminating or minimising a hazard or risk is regarded as suitable if it: is effective in eliminating or minimising the likelihood or degree of harm from a hazard or risk; does not introduce new and higher risks in the circumstances; and is practical to implement in the circumstances in which the hazard or risk exists.”

For more information on WHS training or WHS compliance services, or if you would like help to make your WHS management system even more robust, please feel free to contact us at train@courtenell.com.au or phone us on 02 9552 2066.

18th January 2022