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

ATVs on Farms

By admin • July 15, 2026
If you’ve spent any time on a Victorian farm, you know the quad bike is as common as the gum tree. It’s the workhorse that gets you from the dairy shed to the back paddock in minutes. But while ATVs save time and effort, they also carry serious risks, especially when safety takes a back seat. Studies have found that rollover and crush protection on quad bikes is saving lives, particularly in Victoria, where farm fatalities have been steadily declining. Yet, despite these improvements, quad bike incidents remain one of the leading causes of death and injury on Australian farms. Quad bikes (also called ATVs) are incredibly useful for mustering livestock, carrying supplies, and navigating rough terrain. But their stability can be deceptive, with uneven ground, high speeds, or heavy loads easily leading to rollovers. In Victoria, WorkSafe data shows that most fatal incidents involve the bike overturning and trapping the rider. Since October 2021, the national quad bike safety standard has required: Operator Protection Devices (OPDs) to reduce crush injuries in rollovers. Minimum stability requirements for new models. Warning labels about rollover risks. Victoria has been ahead of the curve, with strong farm safety campaigns and subsidies to help farmers retrofit OPDs. Practical Safety Tips for Victorian Farmers Always Wear a Helmet . Even at low speeds, head injuries can be fatal. Fit a Crush Protection Device . These can prevent you from being pinned under the bike. Match the Bike to the Job . Don’t overload or tow beyond the manufacturer’s limits. Ride to the Conditions . Slow down on slopes, wet ground, or unfamiliar tracks. Never Carry Passengers . Unless the ATV is specifically designed for more than one rider. Training Matters . Enrol in an accredited ATV safety course to sharpen your skills and make sure all operators have adequate training to operate the vehicle. Don’t forget that the employer has a duty to provide information, instruction and training to ensure that employees can work safely. Review the terrain before undertaking the task . Some areas of the farm may need to be strictly off-limits for ATV use. Look at alternative options . Some farmers are switching to side-by-side vehicles (SSVs), whic h offer seatbelts and roll cages. While not risk-free, they can be safer for certain tasks, provided operators still follow safety protocols. ATVs are here to stay on Victorian farms, but so is the responsibility to use them safely. With the right equipment, training, and by keeping safety front-of-mind you can make sure your quad bike remains a tool, not a threat. If you’re a Victorian farmer, check your quad bike today. Is it fitted with a crush protection device? Are you wearing a helmet every ride? Safety isn’t just about compliance, it’s about coming home at the end of the day.  For more information, take a look at: New study finds safety protection on quad bikes is driving down farm deaths - ABC News How the new national quad bike safety standard affects farmers in Victoria | WorkSafe Victoria

Engineered Stone - Anniversary of The Ban

By admin • June 29, 2026
Today is the anniversary of the banning of Engineered Stone. On the 1 st July 2024, Engineered Stone was banned due to the high levels of silica it contained, which presented a health and safety risk to those working with it. The banning of engineered stone is a huge win for the safety and health of workers, but it does not mean that workers are safe from silica related disease. Workers can still be exposed to silica from other sources, including: Stone Asphalt Cement, mortar and grout Concrete, concrete blocks and cement products Bricks and pavers Tiles Sand These and related products still present a risk and this comes in the form of respirable crystalline silica. Small particles of silica can be produced when dust is produces through cutting, sanding or processing the materials. This can occur during manufacturing and construction, when mining or digging, and when handling waste. The silica dust can be breathed deep into the lungs and can cause serious disease., including silicosis, fibrosis, COPD, bronchitis and lung cancer. In addition, it can cause other systemic diseases including serious effects on the kidneys, immune system, eyes, etc. Employers must control the risk of exposure and workers should be aware of the risks so that they can make sure that they are safe. BeSafe is still horrified to occasionally see dry cutting by workers who may not be aware of the serious risks of this practice. Just remember, that just because engineered stone has been banned, it doesn’t mean you are safe from silica related disease. Make sure you know how to protect yourself and stay safe from this serious and deadly hazard. More information: For the general information page with resources relating to crystalline silica, take a look at: Crystalline silica | WorkSafe Victoria For information relating to how employers must identify hazards, assess risk, control the risk and review and revise controls regularly, take a look at: Preparing a crystalline silica hazard control statement for high-risk crystalline silica work | WorkSafe Victoria For a practical guide on how to safely work with engineered stone, including exemptions, take a look at Compliance code: Engineered stone | WorkSafe Victoria