The Relationship between `Reasonably Practicable' and Risk Management Regulation
View/ Open
File version
Version of Record (VoR)
Author(s)
Bluff, ELizabeth
Johnstone, Richard
Griffith University Author(s)
Year published
2005
Metadata
Show full item recordAbstract
This article examines the relationship between two concepts that are central to Australian OHS legislation, the notion of 'reasonably practicable' and the risk management principles. The article discusses the way in which the courts and the OHS statutes have interpreted the notion of reasonably practicable, exploring, in particular, how the courts have interpreted the employers' statutory general duties as requiring positive and proactive steps, including rigorously identifying, assessing and addressing risks. The article then examines the definition and interpretation of risk management principles under OHS legislation, ...
View more >This article examines the relationship between two concepts that are central to Australian OHS legislation, the notion of 'reasonably practicable' and the risk management principles. The article discusses the way in which the courts and the OHS statutes have interpreted the notion of reasonably practicable, exploring, in particular, how the courts have interpreted the employers' statutory general duties as requiring positive and proactive steps, including rigorously identifying, assessing and addressing risks. The article then examines the definition and interpretation of risk management principles under OHS legislation, identifying some weaknesses in the ways that these provisions are currently expressed and some potential areas of inconsistency with the courts' interpretation of the general duties and reasonably practicable. The article concludes with some suggestions for ways to integrate these concepts within the general duty provisions, in order to make the relationship between the two concepts both explicit and consistent.
View less >
View more >This article examines the relationship between two concepts that are central to Australian OHS legislation, the notion of 'reasonably practicable' and the risk management principles. The article discusses the way in which the courts and the OHS statutes have interpreted the notion of reasonably practicable, exploring, in particular, how the courts have interpreted the employers' statutory general duties as requiring positive and proactive steps, including rigorously identifying, assessing and addressing risks. The article then examines the definition and interpretation of risk management principles under OHS legislation, identifying some weaknesses in the ways that these provisions are currently expressed and some potential areas of inconsistency with the courts' interpretation of the general duties and reasonably practicable. The article concludes with some suggestions for ways to integrate these concepts within the general duty provisions, in order to make the relationship between the two concepts both explicit and consistent.
View less >
Journal Title
Australian Journal of Labour Law
Volume
18
Issue
3
Publisher URI
Copyright Statement
© 2005 Lexis Nexis Australia. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal website for access to the definitive, published version.
Subject
Business and Management
Policy and Administration
Law