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

Employers duties in relation to HSRs

By admin • October 13, 2025
Health and Safety Representatives (HSRs) play a pivotal role in ensuring the well-being of employees in the workplace. Employers have specific legal obligations under the Occupational Health and Safety Act 2004 (OHS Act) to support and collaborate with HSRs. Knowing and understanding these duties are not just about compliance, they are about fostering a culture of safety and mutual respect in the workplace. Who Are HSRs? HSRs are workers elected by their peers to represent their health and safety interests. They act as a bridge between employees and employers, ensuring that safety concerns are raised, addressed, and resolved effectively. Their role is vital in creating a safer, more inclusive workplace. It is important to understand that HSRs are workers who volunteer to represent their co-workers. They have powers under the OHS Act, but they do not have duties. However, the employer does. Here are some of them... Key Employer Duties Toward HSRs Employers in Victoria must actively support HSRs to enable them to perform their roles effectively. Below are the primary duties employers must fulfill: 1.Allowing HSRs to access information. Employers must allow HSRs to access information relating to their Designated Work Group (DWG) relating to: The health and safety of members of their DWG Actual or potential hazards in the workplace Employers are required to share information related to workplace hazards, risks, safety measures and incidents with HSRs. This transparency helps HSRs make informed decisions and advocate for worker safety effectively. 2. Allow HSRs to be present at interviews HSRs must be allowed to represent a member of their DWG (whether an employee or contractor), if the member provides consent. This includes meetings or interviews with the employer, employer's representative or an inspector. 3. Allow HSRs to have time off work with pay The employer must provide paid time for the HSR to Do any work which involves them exercising their powers under The Act Completing any WorkSafe approved training (with 14 days notice) 4. Providing facilities and assistance The employer must enable the HSR to exercise their powers by providing any facilities and assistance required. 5. Allow access of persons providing assistance to HSRs The HSR can request the assistance of any person to resolve and OHS issue and this must be facilitated by the employer, unless they are not considered suitable to assist with OHS matters. 6. Display a written list of HSRs The employer must ensure that a written list of HSRs (and deputy HSRs) is displayed in the workplace where it is readily available to the employees. 7. Facilitating Training Employers must ensure that HSRs are able to access training to perform their role. In Victoria, HSRs are entitled to attend a WorkSafe-approved HSR training course (see: HSR Training Courses | BeSafe | Regional Victoria ) and refresher courses annually. Employers are responsible for: Covering the cost of training Allowing paid leave for HSRs to attend training Allowing HSRs to choose their training provider 7. Allow HSRs to p erform all of their Functions according to their powers under the OHS Act This includes all the powers outlined in our blog on the Powers of HSR's. 8. Consulting with HSRs Employers must consult with HSRs on matters that may affect the health and safety of workers. This includes: Changes to workplace processes, equipment, or systems Development or review of safety policies and procedures Risk assessments and control measures 9. Protecting HSRs from Discrimination HSRs must be able to perform their duties without fear of discrimination or disadvantage. Employers are prohibited from treating HSRs unfavourably because of their role. Why These Duties Matter Fulfilling these obligations is not just about legal compliance, it’s about creating a workplace where safety is prioritised, and workers feel valued. When employers actively support HSRs, they: Reduce workplace injuries and illnesses. Foster trust and collaboration between workers and management. Enhance overall productivity and morale. Penalties for Non-Compliance Failure to meet these duties can result in significant penalties under the OHS Act. Beyond the legal consequences, neglecting HSRs can damage workplace relationships and lead to a decline in safety standards. Conclusion Employers have a critical role in empowering HSRs to champion workplace safety. By meeting their obligations under the OHS Act, employers not only comply with the law but also contribute to a safer, healthier, and more harmonious work environment. Supporting HSRs is an investment in the well-being of your workforce and ultimately, the success of your business. If you’re an employer, take the time to review your practices and ensure you’re meeting your duties toward HSRs. A proactive approach to workplace safety benefits everyone involved.

Victoria's Psychological Health Regulations have landed - and the Compliance Code

By admin • October 10, 2025
The long-awaited Psychosocial Regulations have been released and now form part of the Victorian OHS Regulatory Framework. Accompanying this release is a new Compliance Code for psychological health – and here you will find the practical guidance you need. In the compliance code, there are the details as to how to comply with OHS duties set out by The Occupational Health and Safety Act and its associated regulations. The code sets out: What a psychosocial hazard is and the risk management process How psychosocial hazards affect employees’ health and safety and why workplace safety culture is important How to manage risks associated with psychosocial hazards (ie: the application of the risk management cycle to psychosocial hazards) What to do if there is a report or incident associated with a psychosocial hazard There are a number of appendices which form part of the compliance code, including a guide for how to identify hazards and many examples of psychosocial risks and how they should be controlled. These include: aggression and violence bullying exposure to traumatic events or content gendered violence high job demands low job control low job demands low recognition and reward low role clarity poor environmental conditions poor organisational change management poor organisational justice poor support poor workplace relationships remote or isolated work sexual harassment The code of practice has been a long time coming, but certainly provides a very useful resource for employers, workers and HSRs when they are working to ensure the psychosocial safety of the workplace. The compliance code can be found here: Compliance code: Psychological health | WorkSafe Victoria More resources can be found here: Psychological health | WorkSafe Victoria If you would like to participate in training or would like some advice, please reach out to us at HSR Training and support | BeSafe | Regional Victoria