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

List of Victoria's Biggest OHS Offenders

By admin • July 14, 2025
An updated list has been published of The ‘BIGGEST BIGGEST OFFENDERS’ in OHS Crimes . This list names and shames the companies which have been deemed worthy of the largest fines handed down by judges for offences under the Victorian Occupational Health and Safety Act 2004 . It makes an interesting, albeit sobering, read. The list (see below) has been compiled and published by the OHSIntros BLOG and has recently been updated with offenders from the last 2 years. In the last 35 years, according to OHSIntros ’ records, there have been 31 cases which have incurred a fine over $500,000. These companies have been collectively responsible for the deaths of 23 workers and a number of other serious incidents. 21 of these incidents involved plant, thus representing the majority of the cases. The incidents are all horrific, with many involving crushing, entrapment and falls – leading to violent deaths and horrendous injuries. The top fine was a penalty of $3 million, as a result of LH Holdings Management Pty Ltd being charged under Workplace Manslaughter Legislation and fined in 2024. A number of high-profile cases can be seen on this list. However, there are many well known cases which are not featured here, due to the fact that their sentences did not hit the $500K threshold. This perhaps raises concerns relating to The Sentencing of OHS Offences in Victoria . The list is a sobering one, listing a series of gruesome and tragic deaths – the result of safety crimes. In the words of OHSIntros’ – these are “the worst of crimes because [they] could have been prevented.” Image sourced from OHSIntros BLOG: https://www.facebook.com/100064446622188/posts/1127076076117269/?mibextid=rS40aB7S9Ucbxw6v *OHS Intros is a Workplace Safety page which provides ‘training, documentation and advice on Workplace Safety’: Facebook

Racing Industry Workplace Fatalities

By admin • July 8, 2025
In recent times we have seen the tragic deaths of workers in the horse racing industry. In May 2025, Fiona Ralph tragically died following a head injury sustained while working at Bendigo Racecourse. Less than 2 months later, on the 3 rd July 2025, we heard news of Peta Tait, a 43-year-old worker who was killed at Cranbourne Racecourse. It is believed that she was kicked in the head by a horse while in the stable. She was attended to by medical personnel, who were unable to save her. Jockey Blake Shinn has reportedly paid tribute, stating that “This is a painful reminder of the dangers that come with working in such a demanding and unpredictable environment.” (7 news) As the jockey highlights the dangers – we turn our minds to the unique hazards presented by the industry, many of which are covered in the WorkSafe Victoria Guidebook – Horse Stable and track riding safety: Horse stables and track riding safety | WorkSafe Victoria . The guide is intended to provide information for those working in the industry and outlines how to identify hazards and implement risk control measures. As in all industries, the employer is responsible for providing a safe workplace, and the usual obligations to consult with the workforce and to control hazards in line with the hierarchy of control all apply. There is a section which specifically covers the safety of stables. Of course, horses are strong and unpredictable, and they pose a specific hazard in this industry - and one which cannot be eliminated as part of this particular workplace. The document discusses the need for training and supervision, which is required in all workplaces. Also, the use of PPE as a control measure, indicating that the use of appropriate footwear, helmets and body protection may be required to ensure the safety of those riding, training, feeding and working with horses and cleaning stables. Working alone can also increase the risks of working around horses. According to SafeWork NSW ‘One worker is hospitalised each day in Australia due to a horse related injury’ . Not all of these are workers; however, it does highlight how dangerous working around horses can be. WorkSafe Victoria reports injury claims attributable to horse racing at: Injury hotspots - Horse racing | WorkSafe Victoria . While the racing community must, of course, grieve the recent loss of two of its’ workers, there will concurrently be a WorkSafe investigation and a Victoria Police investigation for the Coroner. No matter the outcome of these investigations, it is an opportunity to look to industry work practices and identify any improvements which could be made to improve safety in the future. The gravity of such an event cannot be underestimated in its’ impact to family, friends and workmates. One can only hope that an improvement in future safety may be one of those impacts. Our sincere condolences to the families of Fiona and Peta.