How do we know what is considered reasonably practicable?

Share this & earn $10
Workplace Access & Safety
Published at : 25 Jan 2021
1888 views
6
0

Carl Sachs, Managing Director, Workplace Access & Safety interviews eminent Australian OHS lawyer and author Michael Tooma from Norton Rose, to discuss the legal compliance for working at heights.

- Script -

The codes of practice and Australian Standards are examples of what people say what people should be doing in relation to health and safety on a particular issue. Codes of practice in particular are used as evidence of what is reasonably practicable in the circumstances and really if you fail to comply with a code of practice which is relevant to an issue, well you’re going to have to have a very good excuse as to why you haven’t done this, why you have failed to comply with the code of practice. Because the legislation says it can be used as evidence of what is reasonably practicable in the circumstances.

I often get the question, “How does cost get considered when deciding reasonable practicability?” Well it’s interesting; it’s one component of reasonable practicability. And reasonable practicability is two words that have been around for a very long time.

They have created a lot of angst but at the end of the day it is a very simple concept. It’s a weighing up exercise. It’s on the one hand looking at the risk looked at in the context of its likelihood and consequences and on the other the cost and availability of controls. And those things are looked at in a point in time analysis.

So, you look at the risks involved and you look at extent of the risks, how likely it is and what are the consequences associated with it and then you weigh that up against the cost of mitigating that risk and you have to look at it in that holistic way. But you also have to look at it in relation to that particular risk and not all other risks that might be accumulated because you have got to compare apples with apples. That risk compared to the cost of mitigating that risk not all risks compared to the cost of mitigating one risk.

The reason that I say that is because I often get this proposition put to me but if we do that across all our buildings we’ll go broke. But that is not the calculation, that’s not how the courts look at it.
The courts look at the particular risk compared to the cost associated with it.

Now what you have in fall prevention, fortunately or unfortunately is a situation where the consequences can be quite severe, usually fatal in relation to significant falls from heights and the costs associated with mitigating it are often not that significant.

Quite often it will not be something that the courts will look favorably on to say that it would cost me a few hundred or a few thousand dollars compared to a loss of life which is ultimately how the situation is going to be measured. Don’t forget that at the end of the day, the judge will be sitting there, often in the context of the breach that has resulted in quite awful consequences usually fatal consequences. Deciding whether your decision was reasonable or not and that will be looked at both in terms of as an organization and in relation to officers in relation to the personal decisions of officers and personal liability of officers. These are very important decisions that you are making and you have to look at it in that prism.
OH&SAustralian OH&SWorking At Heights

How to Log in to Roblox in Mobile | Login New Roblox Account

How to Log in to Roblox in Mobile | Login New Roblox Account

Why Guys Struggle Conversing With Women & What Topics Too Talk About

Why Guys Struggle Conversing With Women & What Topics Too Talk About

10 Ways To Tie & Tuck a Shirt! | 10 Different Ways To Wear a Shirt!

10 Ways To Tie & Tuck a Shirt! | 10 Different Ways To Wear a Shirt!

12 Most Incredible Discovered Artifacts Scientists Still Can't Explain

12 Most Incredible Discovered Artifacts Scientists Still Can't Explain

Introduction to increasing, decreasing, positive or negative intervals | Algebra I | Khan Academy

Introduction to increasing, decreasing, positive or negative intervals | Algebra I | Khan Academy

How to keep a girl interested

How to keep a girl interested

My First Custom MACBOOK PRO!! (SATISFYING)

My First Custom MACBOOK PRO!! (SATISFYING)

Ant Eater Wants To Fight

Ant Eater Wants To Fight

Tarrus Riley - She's Royal | Official Music Video

Tarrus Riley - She's Royal | Official Music Video

Because He Lives I Can Face Tomorrow - Worship Song With Lyrics

Because He Lives I Can Face Tomorrow - Worship Song With Lyrics

Histology: Muscle tissue

Histology: Muscle tissue

Daniel Tiger - How to Deal with the Emotions You Feel

Daniel Tiger - How to Deal with the Emotions You Feel

Air France-KLM: what do we do to ensure that your journey is caring, innovative and responsible?

Air France-KLM: what do we do to ensure that your journey is caring, innovative and responsible?

WAKE UP & WORK HARD AT IT - Best Motivational Speech

WAKE UP & WORK HARD AT IT - Best Motivational Speech

How to make money from Online Trading || Work From Home || Binomo || Increase your passive Income

How to make money from Online Trading || Work From Home || Binomo || Increase your passive Income

International English Language Testing System (IELTS) preparation | Study English | ABC Australia

International English Language Testing System (IELTS) preparation | Study English | ABC Australia

I LOST ALMOST 40 POUNDS IN A MONTH!! *Weekly Weigh In*

I LOST ALMOST 40 POUNDS IN A MONTH!! *Weekly Weigh In*

ASMR Up Close Tickling Trigger Words👂💘 (English, Fast, 4K)

ASMR Up Close Tickling Trigger Words👂💘 (English, Fast, 4K)

ADVANTAGE AND DISADVANTAGE OF INTERNET ADVERTISING

ADVANTAGE AND DISADVANTAGE OF INTERNET ADVERTISING

How To Write a Captivating Story

How To Write a Captivating Story

The Failings of the Church

The Failings of the Church

Гамбола | Сигнал + Подруга (серия целиком) | Cartoon Network

Гамбола | Сигнал + Подруга (серия целиком) | Cartoon Network

AC DC It's A Long Way To The Top LIVE TV 1976

AC DC It's A Long Way To The Top LIVE TV 1976

Lentils Are Amazing! The Impressive Studies On Lentils

Lentils Are Amazing! The Impressive Studies On Lentils

20-Man Battle Royal for the vacant World Heavyweight Title: SmackDown, July 20, 2007

20-Man Battle Royal for the vacant World Heavyweight Title: SmackDown, July 20, 2007

10 New Products Amazon & Aliexpress 2020 | Cool Future Tech. Amazing Gadgets

10 New Products Amazon & Aliexpress 2020 | Cool Future Tech. Amazing Gadgets

Reduce Waist and Increase Hips | Curve challenge in 10 Days

Reduce Waist and Increase Hips | Curve challenge in 10 Days

Pre-Authorization Of Shares in Zerodha / How to Authorized of Holding Shares before Selling

Pre-Authorization Of Shares in Zerodha / How to Authorized of Holding Shares before Selling

Violet Evergarden Opening『Sincerely / TRUE』Ru's Piano Cover

Violet Evergarden Opening『Sincerely / TRUE』Ru's Piano Cover

Too Many People Want to Travel

Too Many People Want to Travel

Introduction to rates | Ratios, rates, and percentages | 6th grade | Khan Academy

Introduction to rates | Ratios, rates, and percentages | 6th grade | Khan Academy

Most Producers Forget To Do This Crucial Thing To Make Better Melodies & Beats!👂💸

Most Producers Forget To Do This Crucial Thing To Make Better Melodies & Beats!👂💸

WELLNESS ABSOLUTO – Mr. OLYMPIA SUDAMERICA 2017 HD

WELLNESS ABSOLUTO – Mr. OLYMPIA SUDAMERICA 2017 HD

Adaptations in Plants | Video lesson for Kids

Adaptations in Plants | Video lesson for Kids

XDAVEMON PYKE MONTAGE - 1 SHOT 600

XDAVEMON PYKE MONTAGE - 1 SHOT 600

Realistic Toy Gun Airsoft - Ball Bullet Shooter Toy Pistol - Pellet Spring Weapon Toys

Realistic Toy Gun Airsoft - Ball Bullet Shooter Toy Pistol - Pellet Spring Weapon Toys

Demi Lovato - Anyone (Official Music Video)

Demi Lovato - Anyone (Official Music Video)

Crazy Frog - The Flash (Official Video)

Crazy Frog - The Flash (Official Video)

Selena Gomez - Rare (Live From The Village Studio)

Selena Gomez - Rare (Live From The Village Studio)

We Can Too 🎯 |  Luk Luk Luk ❤️🇲🇨

We Can Too 🎯 | Luk Luk Luk ❤️🇲🇨

A Roth IRA, a traditional IRA, or both?

A Roth IRA, a traditional IRA, or both?

How many candidates will qualify Assam high school Tet 2020

How many candidates will qualify Assam high school Tet 2020

King Krule - Cellular

King Krule - Cellular

11 Quick Ways to Grow Long Eyelashes in 30 Days

11 Quick Ways to Grow Long Eyelashes in 30 Days

How to Create a Portable Virtual Windows 7

How to Create a Portable Virtual Windows 7

lil peep & lil tracy - i crash, u crash [extended w/ lyrics]

lil peep & lil tracy - i crash, u crash [extended w/ lyrics]

An Ideal Husband - 1999 Trailer

An Ideal Husband - 1999 Trailer

Blake Lively and Ryan Reynolds' "Tweets" Are Amazing

Blake Lively and Ryan Reynolds' "Tweets" Are Amazing

XBOX ONE Fanboys Petitioning to Bring Back the Restrictions....WTF

XBOX ONE Fanboys Petitioning to Bring Back the Restrictions....WTF