The proposed Occupational Health and Safety (OHS) Amendment Bill proposes several critical changes, one of which is the removal of the concept of “reasonably practicable” from the duties of the employer. Historically, this term provided employers with some level of flexibility, allowing them to balance the cost, time, and effort required to mitigate risks against the potential harm those risks could cause. However, with this concept being removed from the Act, the expectations and responsibilities of employers are set to become more stringent.
Understanding “Reasonably Practicable”
The term “reasonably practicable” has traditionally allowed employers to make decisions based on what could be reasonably done to ensure safety, considering factors such as the severity of the hazard, the state of knowledge about the hazard, the availability of controls, and the cost of implementing those controls relative to the risk. It was a risk-based approach that recognized that eliminating all risks entirely might not always be possible or practical.
The Impact of Its Removal
The removal of the “reasonably practicable” standard signals a shift towards absolute accountability. Employers may no longer rely on this principle to justify not implementing certain safety measures based on cost or feasibility considerations. This change could have several significant implications:
- Increased Compliance Requirements:
- Employers will now be required to implement all necessary measures to ensure workplace safety, without the leeway to argue that certain controls were impractical. This could lead to more rigorous and comprehensive safety systems being mandatory across industries.
- Greater Legal Accountability:
- With the removal of “reasonably practicable,” the legal defense available to employers in the event of an incident could be weakened. Employers may be held to a higher standard of care, increasing the potential for legal liability if incidents occur.
- Enhanced Focus on Worker Safety:
- This change emphasizes worker safety above all else. Employers must prioritize the health and safety of their employees, taking all possible measures to eliminate risks, even if these measures are costly or complex.
Preparing for the Change
Given the significant impact of this change, employers should take proactive steps to ensure compliance:
- Review and Update Safety Protocols: Conduct a thorough review of current health and safety measures and update them to meet the new expectations, ensuring that no gaps are left in safety practices.
- Invest in Training and Resources: Provide additional training and resources to employees and safety officers to ensure they understand the new requirements and can implement them effectively.
- Consult with Legal and Safety Experts: Work closely with legal advisors and occupational health and safety experts to understand the full implications of the removal of “reasonably practicable” and to develop a compliance strategy.
Conclusion
The removal of “reasonably practicable” from the OHS Act reflects a more rigorous approach to workplace safety. Employers will need to adapt to these changes by implementing more comprehensive safety measures, thereby ensuring that the highest possible standards of health and safety are maintained in the workplace. By preparing now, businesses can ensure they remain compliant with the new legislation while protecting their employees from harm.
